Agenda packet — Gardena City Council, December 13, 2022 (part 3 of 5)

210
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether th e City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Santa Ana, California
December 8, 2022

City of Gardena
Family Child Care Program

Gardena, California

Independent Auditors’ Reports and
Financial Statements

For the Year Ended June 30, 2022

City of Gardena Family Child Care Program
For the Year Ended June 30, 2022

Table of Contents

Page

General Information ................................................................................................................................................. i

Independent Auditors’ Report on the Financial Statements ............................................................................... 1

Financial Statements:

Balance Sheet ................................................................................................................ ...................................... 7

Statement of Revenues, Expenditures, and Change in Fund Balance…… ......................................................... 8

Notes to the Fina ncial Statements. .................................................................................................................... 11

Supplementary Information:

Reserve Fund Calculation – Center Based Program ......................................................................................... 17

Schedule of Expenditures by State Categories .................................................................................................. 18

Schedule of Claimed Administrative Costs ....................................................................................................... 19

Schedule of Claimed Equipment Expenditures ................................................................................... .............. 20

Schedule of Claimed Expenditur es for Renovations and Repairs ..................................................................... 21

Audited Attendance and Fiscal Report for Child Development Programs ....................................................... 23

Audited Reserve Account Activity Report ...................................................................................... .................. 29

Notes to the Child Care and Developmen t Programs Supplemental Information ............................................. 31

Other Required Information:

Report on Internal Control Over Financial Reporting and on Compliance (Including Those Contained in the CDSS Audit Guide) and Other Matters Based on an Audit of the Program’s Financial Statements Performed in Accordance with Government Auditing Standards ......................................................... 33

Report on Compliance for the Family Child Care Program Required by California Department of Social Services Audit Guide and Report on Internal Control Over Compliance ....................................................................................... 35

Schedule of Findings and Questioned Costs ..................................................................................................... 38

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City of Gardena Family Child Care Program
For the Year Ended June 30, 2022

General Information

Name of Agency

City of Gardena
Recreation and Human Services Department
1651 West 162nd Street
Gardena, California 90247

Program Numbers

19-2180-00-1 (CCTR-1084)

Director of Recreation and Human Services Department

Stephany Santin

City Manager

Clint Osorio

Period Covered

The Fiscal Year Ended June 30, 2022

Days of Operation

254

Hours of Operation

Family day care homes’ hours are slightly flexible, generally opening at 6:00 am and closing at 6:00 pm.

ii
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200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707

INDEPENDENT AUDITORS' REPORT

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

Opinion

We have audited the accompanying financial statements of th e City of Gardena, California (the “City”) Family Child Care Program (the “Program”), which comprise the balance sheet as of June 30, 2022 and the related statement of revenues, expenditures, and change in fund balance for the year then ended, and the related notes to the financial statements, as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Program as of June 30, 2022, and the respective changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion

We conducted our audit in accordance with auditing standards generally accep ted in the United States of America and the standard applicable to financial audits contained in Governmental Auditing Standards , issued by the Comptroller General of the United States. Our responsib ilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial St atements section of our report. We are required to be independent of the City and the Program and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Emphasis of Matter

As discussed in Note 1, the financial statements presen t only the Program and do not purport to, and do not, present fairly the financial position of the City of Gardena, Calif ornia, as of June 30, 2022, the changes in its financial position, or where applicable, its cash flows for the y ear then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

Page 2 ends

2 In preparing the financial statements, management is required to evaluate wh ether there are conditions or events, considered in the aggregate, that ra ise substantial doubt about Program’s ab ility to continue as a going concern for twelve months beyond the financial st atement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditors’ Responsibilities for the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whet her the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion.

Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standard s generally accepted in the United States of America and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the ove rride of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance w ith auditing standards generally accepted in the United States of America and Government Auditing Standards, we:

 Exercise professional judgment and maintain professional skepticism throughout the audit.

 Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures res ponsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.

 Obtain an understanding of internal c ontrol relevant to the audit in orde r to design audit procedures that are appropriate in the circumstances, but not for the purpo se of expressing an opinion on the effectiveness of the Program’s internal control. Accordingly, no such opinion is expressed.

 Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.

 Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Program’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.

Required Supplementary Information

Management has omitted Management’s Discussion and Analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financia l statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

Page 3 ends

3 Supplementary Information
Our audit was conducted for the purpose forming an opinion on the financial statements of the Program. The Supplementary Information are present
ed for purposes of a dditional analysis and are not a required part of the financial statements of the Program. The Supplementary Information consists of the Reserve Fund Calculation – Center Based Program, the Schedule of Expenditures by St ate Categories, the Schedule of Claimed Administrative Costs, the Schedule of Claimed Equipment Expenditures, the Schedule of Claimed Expenditures for Renovations and Repairs, the Audited Attendance and Fiscal Report for Child Development Programs, and the Audited Reserve Account Activity Report, are the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the Program’s financial statements.

The information has been subjected to the auditing procedures applied in the audit of the Program’s financial statements and certain additional procedures, including comparing and reconcili ng such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Reserve Fund Calculation – Center Based Program, the Schedule of Expenditures by State Categories, the Schedule of Clai med Administrative Costs, the Schedule of Claimed Equipment Expenditures, the Schedule of Claimed E xpenditures for Renovations and Repairs, the Audited Attendance and Fiscal Report for Child Development Program s, and the Audited Reserve Account Activity Report are fairly stated, in all material respects, in relation to the Program’s financial statements as a whole.

Other Information
Management is responsible for the ot her information included in the Progr am’s financial statements. The other information comprises the introductory and general info rmation but does not include the Program’s financial statements and our auditor’s report thereon. Our opinion on the Program’s financial statements do not cover the other information and we do not express an opinion or any form of assurance thereon.

In connection with our audit of the Program’s financial statements, our responsibility is to read the other information and consider whether a material inc onsistency exists between the other in formation and the Pr ogram’s financial statements, or the other information ot herwise appears to be materially misst ated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 8, 2022, on our consideration of the City’s internal control over the Progr am’s financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on th e effectiveness of the City’s internal control over Program’s financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over the Program’s financial reporting and compliance.

Santa Ana, California
November 8, 2022

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FINANCIAL STATEMENTS
5 This page intentionally left blank.
6 ASSETS:

Cash and investments 7,979$
Cash and investments - reserve fund 140,989
Accounts receivable 2,517
Due from other governments 587,670
Prepaid items 3,045
Total assets 742,200$

LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE LIABILITIES:

Accounts payable 220,869$
Salaries and benefits payable 33,710
Total liabilities 254,579
DEFERRED INFLOWS OF RESOURCES:

Unavailable Revenue 6,371
Total deferred inflows of resources 6,371
FUND BALANCE:

Restricted 481,250
Total fund balance 481,250
Total liabilities, deferred inflows of resources, and fund balance 742,200$ City of Gardena Family Child Care Program
Balance Sheet
June 30, 2022
See accompanying Notes to the Financial Statements.
7 REVENUES:

Intergovernmental 3,156,882$
Interest income 1,394
Total revenues 3,158,276
EXPENDITURES:

Current:

Salaries 465,877
Employee benefits 218,121
Books and supplies 44,839
Services, building and occupancy 79,282
Payments to providers 1,953,314
Other operating expenditures 80,812
Total expenditures 2,842,245
NET CHANGE IN FUND BALANCE 316,031
FUND BALANCE:

Beginning of Year 165,219
End of Year 481,250$
City of Gardena Family Child Care Program
Statement of Revenues, Expenditures, and Change in Fund Balance For the Year Ended June 30, 2022
See accompanying Notes to the Financial Statements.
8 9

NOTES TO THE FINANCIAL STATEMENTS

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City of Gardena Family Child Care Program
Notes to the Financial Statements
For the Year Ended June 30, 2022

11 Note 1 – Summary of Significant Accounting Policies

A. Reporting Entity

The accompanying financial statements of the City of Gard ena, California (the “City”) Family Child Care Program (the “Program”) includes the financial activities of the C ity’s child care program. The financial operations of the Program are accounted for in the Family Child Care Fund (the “Fund”) of the City. The City’s child care program provides funding to child care facilities for children that are ages infant to twelve years.

B. Measurement Focus Basis of Accounting

The financial statements are prepar ed in accordance with accounting princi ples generally accepted in the United States of America (“U.S. GAAP”) and to meet the requireme nts of the California Department of Social Services (“CDSS”).

The Program’s financial activities are reported using “cu rrent financial resources” measurement focus and the modified accrual basis of accounting where revenues are recognized in the accounting period in which they become measurable and available to pay liabilities of the current period. Revenues considered susceptible to accrual include charges for services, federal and state grants and interest . For these purposes, the Program considers revenues to be available if they are collected within 60 days of the en d of the current fiscal year. Expenditures are recognized in the accounting period in which the liability is incurred.

The accompanying financial statements are not intended to and does not present the financial position or results of operations of the City. It also is not intended to be a complete presentation of the changes in financial position of the Program.

C. Cash and Investments

The Program’s cash is pooled with the City’s internal i nvestment pool, which is considered to be cash on hand, demand deposits, and short-term invest ments with original maturity of three months or less from the date of acquisition.

D. Prepaid items

Certain payments to vendors reflect costs applicable to future accounting periods and are reported as prepaid items in the financial statements.

E. Deferred Inflows of Resources

In addition to liabilities, the governmental fund balance sheet will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of fund balance that applies to a future peri od(s) and so will not be recognized as an inflow of resources (revenue) until that time. The Program has one item reported in this category. The item arises only under a modified accrual basis of accounting for unavailable revenue. The governmental funds report unavailable revenues from one source: grant revenues. This amount is deferred and recognized as an inflow of resources in the period that the amounts become available.

City of Gardena Family Child Care Program
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

12 Note 1 – Summary of Significant Accounting Policies (Continued)

F. Fund Balance

The Program only has restricted fund balance as defined below:

Restricted – Restricted fund balances encompass the portion of net fund resources subject to externally enforceable legal restrictions. This includes extern ally imposed restrictions by creditors, grantors, laws or regulations of other governments, as well as restrictions imposed by law through constitutional provisions or enabling legislation.

G. Use of Estimates

The preparation of the financial statements is prepared in accordance with U.S. GAAP and it requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.

Note 2 – Cash and Investments

The Program’s share of the City’s cash and investments at June 30, 2022 was $148,968.

Cash is deposited in the City’s internal investment pool, which is reported at the amortized cost. The Program does not own specifically identifiable securities in th e City’s pool. Interest income is allocated based on average cash balances.

Investment policies and associated risk factors applicable to the Program are those of the City and are included in the City’s basic financial statements.

Note 3 – Reserve account

Child development contractors with the CDSS are allowed to maintain a reserve account from earned but unexpended child development contract funds. Only direct service child development programs that are funded under contract with the CDSS can expend the funds. In acco rdance with the stipulations of th e Social Services Code, the Program maintains its reserve account in an interest-bearing account, and all interest earned is recorded in the appropriate reserve account at June 30, 2022, the Reserve account am ounted to $140,989. Upon termination of all child care contracts between the City and CDSS, the reserve account balance must be returned to CDSS.

The reserve account is restricted for child development program s, but may be applied to any contracts that are eligible to contribute to that particular program type.

Note 4 – Parent Fees

Parent fees represent the portion of child care expenses that ar e paid by parents who do not qualify for the full subsidy.

The parents pay the Program directly for their portion of the child care expenses. Due to the COVID-19 pandemic, the CDSS waived all parent fees for the year ended June 30, 2022.

City of Gardena Family Child Care Program
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

13 Note 5 – Child Development Contracts

The Program contracts with the CDSS to conduct a child development program. Program reimbursement is the lesser of allowable costs incurred and a maximum funding amount. For the year ended June 30, 2022, the Program earned $3,284,266 (excluding the $1,394 of interest income) of th e maximum contract amount of $3,285,659 from contract number CCTR-1084. The program reported total program revenues in the amount of $3,156,882 from contract numbers CCTR-1084 and CCTR-9077 for the year ended June 30, 2022.

The Program had the following grant expenditures and corres ponding grant receipts for the year ended June 30, 2022 for contract numbers CCTR-1084 and CCTR-9077:

Parent Fees,
G rant G rant Miscellaneous,
Contract Award Revenues and Interest G rant
Number Amount Recognized Income Ex penditures
Federal Grants:

Child Development CCTR-1084 1,154,139$ 1,117,779 $ 1,394 $ 1,119,173$ Total federal grants 1,154,139 1,117,779 1,394 1,119,173 State Grants:

Child Development CCTR-1084 2,131,520 $ 2,064,362 $ - $ 1,723,072$ Child Development CCTR-9077 - (25,259) - - Total state grants 2,131,520 2,039,103 - 1,723,072 Total 3,285,659$ 3,156,882 $ 1,394 $ 2,842,245$

Note 6 – Pension Plan

The Program, as part of the City, contributes to the Califor nia Public Employees Retirement System (“CalPERS”), an agent multiple-employer defined benefit pension plan. CalPERS acts as a common investment and administrative agent for participating public entities within the State of Californi a. The Program is charged by the City for its share of pension contributions based upon rates established by CalPERS for the City’s ge neral employees. For the year ended June 30, 2022, the Program reported $109,990 in pension contribution, including unfunded accrued liability contribution allocated to the Program.

For more detailed information about the City’s CALPERS pension plan, refer to the City’s 2022 Annual Comprehensive Financial Report.

Note 7 – Indirect Cost Allocation

Certain general and administrative costs are allocated to the Program by the City. The City’s indirect cost rate of 10% was determined through a cost allocation plan and met the CDSS maximum allowed rate.

For the year ended June 30, 2022, the indirect cost allocated to the Program amounted to $80,812.

City of Gardena Family Child Care Program
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

14 Note 8 – Self-Insurance Program

The Program is part of the City’s self-insurance progra m for state unemployment insurance and employee long-term disability. The City is self-insured for the first $750,000 on each workers’ compensation claims, and $750,000 on each general liability claim against the City. During the year ended June 30, 2022 , the Program was not charged by the City’s Self-Insurance Liability Fund for liability claims.

Note 9 – Commitments and Contingencies

The Program receives state and federal funds for child devel opment services that are subject to review and audit by the grantors. Although such audits could result in disallowed e xpenditures under terms of the grants, it is believed that any repayments resulting from disallowances will not be material.

Note 10 – Reconciliation from Restricted Fund Balance to Reserve Ending Balance

The following is the reconciliation of restricted fund balance from the financial statements to Form 9530-A for the year ended June 30, 2022:

2022
Restricted Fund Balance 481,250$
Plus: Carryover reserve from prior year earned contract amount (340,261) Reserve Ending Balance 140,989$

SUPPLEMENTARY INFORMATION
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16 Reserve
Amount
Project No. 19-2180-00-1 (Center Based)
Contract No. CCTR-1084
The allowable amount to transfer to (from) the Center Based Reserve Fund is the lesser of the following three calculations:

1. 3,285,659$
+ -$ + 948$ - 2,842,245$ = 444,362$ MRA Parent fees Interest Net cost Possible Reserve
Amount

2. ( 3,196,532$ - - $ - 948$ ) - ( 2,842,245$ - - $ - 948$ ) = 354,287$ Service Parent fees Interest Net cost Parent fees Interest Possible Reserve Earnings Amount

3. 3,285,659$ x 15% ) - 140,544 $ = 352,305$ MRA State Allowed % Beginning Reserve Possible Reserve
Amount
Transfer to (from) reserve for the year ended June 30, 2022 352,305$ City of Gardena Family Child Care Program
Vendor Number: 2180
Reserve Fund Calculation - Center Based Program
For the Year Ended June 30, 2022
17 Center Based
Program
General
Program
CCTR-1084
1,953,314$
1000 Certificated salaries 85,578
2000 Classified salaries 380,299
3000 Employee benefits 218,121
4000 Books and supplies 44,839
5000 Services and other operating expenses 79,282
6100/6200 Other approved capital outlays -
6400 New equipment -
6500 Replacement equipment -
Depreciation or use allowance -
Indirect costs 80,812
Total expenditures claimed for reimbursement 2,842,245
Total supplemental expenses -
Total Expenditures 2,842,245$
Expenditures
Direct payments to providers
City of Gardena Family Child Care Program
Schedule of Expenditures by State Categories
For the Year Ended June 30, 2022
18 Center Based
Program
General
Program
CCTR-1084
2000 Classified salaries 134,383$
Total salaries 134,383
3000 Employee benefits 37,236
Total employee benefits 37,236
Postage 472
Office supplies 5,605
4000 Total books and supplies 6,077
Contract services 18,792
Equipment maintenance 14,780
Professional services 11,783
Wireless Communications 734
Dues and subscriptions 753
Conferences and meetings 6,204
Training & Education 1,393
Rental charges 3,094
Indirect costs 80,812
5000 Total contracted services and
other operating expenditures 138,345
Total administrative expenditures 316,041$
City of Gardena Family Child Care Program
Schedule of Claimed Administrative Costs
For the Year Ended June 30, 2022
19 Expenditures Over Expenditures Over
Expenditures Under $5,000 Unit Cost $5,000 Unit Cost
$5,000 Unit Cost With CDSS Approval Without CDSS Approval Cost Item Cost Item Cost Item
-$ - $ - $
City of Gardena Family Child Care Program
Schedule of Claimed Equipment Expenditures
For the Year Ended June 30, 2022
No equipment purchases
using contract funds
No equipment purchases
using contract funds
No equipment purchases
using contract funds
20 Expenditures Over Expenditures Over
Expenditures Under $10,000 Unit Cost $10,000 Unit Cost
$10,000 Unit Cost With CDSS Approval Without CDSS Approval Cost Item Cost Item Cost Item
-$ - $ - $
City of Gardena Family Child Care Program
Schedule of Claimed Expenditures for Renovations and Repairs For the Year Ended June 30, 2022
No renovation and repair
expenditures using
contract funds
No renovation and repair
expenditures using
contract funds
No renovation and repair
expenditures using
contract funds
21 This page intentionally left blank.
22 California Department of Social Services
AUD 9500 (7/22)
California Health & Human Services Agency

AUDITED ATTENDANCE AND FISCAL REPORT

FOR CHILD DEVELOPMENT PROGRAMS
Fiscal Year Ending
Contract Number
Vendor Code
Full Name of Contractor
Section 1 - Days of Enrollment Certified Children
Column A
Cumulative
CDNFS 9500
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days per
Audit
Infants (up to 18 months) Full-time-plus
Infants (up to 18 months) Full-time
Infants (up to 18 months) Three-quarters-time (July to December 2021) Infants (up to 18 months) One-half-time
Toddlers (18 up to 36 months) Full-time-plus
Toddlers (18 up to 36 months) Full-time
Toddlers (18 up to 36 months) Three-quarters-time (July to December 2021) Toddlers (18 up to 36 months) One-half-time
Three Years and Older Full-time-plus
Three Years and Older Full-time
Three Years and Older Three-quarters-time (July to December 2021) 0.7500 Three Years and Older One-half-time
Total Standard Rate (July 2021 through June 2022) 0.5500 Three Years and Older One-half-time
Total Direct Service Counties (January 2022 through June 2022)* Direct Service
Counties
Exceptional Needs Full-time-plus 1.8172
Exceptional Needs Full-time 1.5400
Exceptional Needs Three-quarters-time (July to December 2021) 1.1550 Exceptional Needs One-half-time 0.8470
Audit Report Page

Page 1 of 8 ends

June 30, 2022
CCTR-1084
2180
City of Gardena Family Child Care Program
476 476 2.8792 1,370.4992
3,994 3,994 2.4400 9,745.36
166 166 1.8300 303.78
236 236 1.3420 316.712
489 489 2.1240 1,038.636
7,586 7,586 1.8000 13,654.8
285 285 1.3500 384.75
1,033 1,033 0.9900 1,022.67
1,890 1,890 1.1800 2,230.2
14,005 14,005 1.0000 14,005
626 626 469.5
4,815 4,815 2,648.25
0 23
California Department of Social ServicesCalifornia Health & Human Services Agency AUD 9500 (7/22)
Contract Number
Full Name of Contractor
Section 1 - Days of Enrollment Certified Children (continued) Column A
Cumulative
CDNFS 9500
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Column D
Adjustment
Factor
Column E
Adjusted
Days
per Audit
Limited and Non-English Proficient Full-time-plus 1.2980 Limited and Non-English Proficient Full-time 1.1000
Limited and Non-English Proficient Three-quarters-time (July to December 2021) 0.8250 Limited and Non-English Proficient One-half-time 0.6050 At Risk of Abuse or Neglect Full-time-plus 1.2980
At Risk of Abuse or Neglect Full-time 1.1000
At Risk of Abuse or Neglect Three-quarters-time (July to December 2021) 0.8250 At Risk of Abuse or Neglect One-half-time 0.6050
Severely Disabled Full-time-plus 2.2774
Severely Disabled Full-time 1.9300
Severely Disabled Three-quarters-time (July to December 2021) 1.4475 Severely Disabled One-half-time 1.0615

TOTAL CERTIFIED DAYS OF ENROLLMENT N/A

DAYS OF OPERATION N/A N/A

DAYS OF ATTENDANCE N/A N/A
*If applicable, must attach AUD9500S days of enrollment supplemental pages for direct service counties NO NON-CERTIFIED CHILDREN Check this box (omit pages 3-4) and continue to Revenue Section on page 5.

Audit Report Page

Page 2 of 8 ends

CCTR-1084
City of Gardena Family Child Care Program
615 615 798.27
2,588 2,588 2,846.8
67 67 55.275
204 204 123.42
39,075 39,075 51,013.9222
254 254
37,338 37,338
24 California Department of Social ServicesCalifornia Health & Human Services Agency AUD 9500 (7/22)
Contract Number
Full Name of Contractor
Section 3 - Revenue
Column A
Cumulative
CDNFS 9500
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Restricted Income - Child Nutrition Programs
Restricted Income - County Maintenance of Effort (EC Section 8279) Restricted Income - American Rescue Plan Act (ARPA)
Restricted Income - Other:

Restricted Income - Subtotal
Transfer From Reserve
Waived Family Fees for Certified Children
Interest Earned on Child Development Apportionment Payments Unrestricted Income - Fees for Non-Certified Children
Unrestricted Income - Head Start
Unrestricted Income - Other:

Total Revenue
Comments:

Audit Report Page

Page 5 of 8 ends

CCTR-1084
City of Gardena Family Child Care Program
104,246 104,246
948 948
948 948
25 California Department of Social ServicesCalifornia Health & Human Services Agency AUD 9500 (7/22)
Contract Number
Full Name of Contractor
Section 4 - Reimbursable Expenses
Column A
Cumulative
CDNFS 9500
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Direct Payments to Providers (FCCH only)
1000 Certificated Salaries
2000 Classified Salaries
3000 Employee Benefits
4000 Books and Supplies
5000 Services and Other Operating Expenses
6100/6200 Other Approved Capital Outlay
6400 New Equipment (program-related)
6500 Equipment Replacement (program-related)
Depreciation or Use Allowance
Start-up Expenses (service level exemption)
Budget Impasse Credit
Indirect Costs (include in Total Administrative Cost)
Non-Reimbursable (State use only)
Total Reimbursable Expenses
Total Administrative Cost (included in Section 4 above) Total Staff Training Cost (included in Section 4 above) Approved Indirect Cost Rate:

NO SUPPLEMENTAL REVENUE / EXPENSES Check this box and omit page 7.

Audit Report Page

Page 6 of 8 ends

CCTR-1084
City of Gardena Family Child Care Program
1,953,314 1,953,314
85,189 389 85,578
380,688 -389 380,299
217,121 1,000 218,121
40,647 4,192 44,839
73,194 6,088 79,282
79,684 1,128 80,812
2,829,837 12,408 2,842,245
311,923 4,118 316,041

10.0%
26 California Department of Social ServicesCalifornia Health & Human Services Agency AUD 9500 (7/22)
Contract Number
Full Name of Contractor
Section 7 - Summary
Column A
Cumulative
CDNFS 9500
Column B
Audit
Adjustments
Column C
Cumulative
per Audit
Total Certified Days of Enrollment
Days of Operation
Days of Attendance
Restricted Program Income
Transfer from Reserve
Waived Family Fees for Certified Children
Interest Earned on Child Development Apportionment Payments Direct Payments to Providers
Start-up Expenses (service level exemption)
Total Reimbursable Expenses
Total Administrative Cost
Total Staff Training Cost
Total Certified Adjusted Days of Enrollment Total Non-Certified Adjusted Days of Enrollment Independent auditor's assurances on agency's compliance with contract funding terms and conditions and program requirements for programs that transferred to the California Department of Social Services on July 1, 2021 pursuant to WIC Section 10203(b):

Eligibility, enrollment and attendance records are being maintained as required (select YES or NO from the drop-down box):

Reimbursable expenses claimed on page 6 are eligible for reimbursement, reasonable, necessary, and adequately supported (select YES or NO from the drop-down box):

Include any comments in the comments box on page 5. If necessary, attach additional sheets to explain adjustments.

Audit Report Page

Page 8 of 8 ends

CCTR-1084
City of Gardena Family Child Care Program
39,075 39,075
254 254
37,338 37,338
104,246 104,246
948 948
1,953,314 1,953,314
2,829,837 12,408 2,842,245
311,923 4,118 316,041
51,013.9222
Yes
Yes
27 28
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AUD 9530A (5/22)
California Health & Human Services Agency California Department of Social Services

AUDITED RESERVE ACCOUNT

ACTIVITY REPORT
Fiscal Year End
Reserve Account Type
Vendor Code
Full Name of Contractor
Section 1 - Prior Year Reserve Account Activity

1. Beginning Balance (2020–21 AUD 9530A Ending Balance)

2. Plus Transfers to Reserve Account: Per 2020–21 Post-Audit CDNFS 9530 Contract No.

Contract No.

Total Transferred from 2020–21 Contracts to Reserve

3. Less Excess Reserve to be Billed

4. Ending Balance per 2020–21 Post-Audit CDNFS 9530
Section 2 - Current Year (2021–22) Reserve Account Activity Column A
CDNFS
9530A
Column B
Audit
Adjustments
Column C
per Audit

5. Plus Interest Earned This Year on Reserve:

6. Less Transfers to Contracts from Reserve:

Contract No.

Total Transferred to Contracts from Reserve Account

7. Ending Balance on June 30, 2022
COMMENTS - If necessary, attach additional sheets to explain adjustments.

Audit Report Page

Page 1 of 1 ends

June 30, 2022
Center-Based
2180
City of Gardena Family Child Care Program
139,522
CCTR-1084 1,022
1,022
140,544
445 445
140,544 445 140,989
29 30
This page intentionally left blank.

City of Gardena Family Child Care Program
Notes to the Child Care and Development Programs Supplemental Information For the Year Ended June 30, 2022

31 In accordance with the applicable requirements from the Funding Terms & Conditions:

1. Interest expense is only allowable as a reimbursable cost in certain circumstances when it has been preapproved by the administering state department or relates to th e lease purchase, acquisition, or repair or renovation of early learning and care facilities owned or leased by the contractor. No interest expense was claimed to a child development contract for the year ended June 30, 2022.

2. All expenses claimed for reimbursement under a related party rent transaction must be supported by a fair market rental estimate from an independent appraiser, licensed by the California Office of Real Estate Appraisers. Related party rent expense claimed as a re imbursable expense for the year ended June 30, 2022, was $0.

3. Bad debt expense is unallowable unless it relates to uncollected family fees where documentation of adequate collection attempts exists. No bad debt expense was claimed to a child development contract for the year ended June 30, 2022.

32 This page intentionally left blank.
200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE (INCLUDING THOSE CONTAINED IN THE CDSS AUDIT GUIDE) AND OTHER MATTERS BASED ON AN AUDIT OF THE PROGRAM’S FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

Independent Auditors’ Report

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

We have audited, in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States, and California Department of Social Services Audit Guide (the “CDSS Audit Guide ”), issued by the California Department of Social Services, the financial statements of the City of Gardena, California (the “City”) Family Child Care Program (the “Program”), which comprise the ba lance sheet as of June 30, 2022 and the related statement of revenues, expenditures, and change in fund balance for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated November 8, 2022.

Report on Internal Control over Financial Reporting

In planning and performing our audit of the Program’s financial statements, we considered the City’s internal control over the Program’s financial reporting (“internal contro l”) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the e ffectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Program’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is le ss severe than a material we akness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited pur pose described in the first paragraph of this section and was not designed to identify all defici encies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that have not been identified.

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

Page 2 ends

34 Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether th e Program’s financial statements are free of material misstatement, we performed tests of the its compliance with certain provisions of laws, regulations, contacts and grant agreements, noncompliance with which could have a di rect and material effect on the financial statements.

However, providing an opinion on compliance with tho se provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City ’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards and the CDSS Audit Guide in considering the City’s internal c ontrol and compliance. Accordingly, this communication is not suitable for any other purpose.

Santa Ana, California
November 8, 2022
200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707

REPORT ON COMPLIANCE FOR THE FAMILY CHILD CARE PROGRAM

REQUIRED BY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES AUDIT GUIDE

AND REPORT ON INTERNAL CONTROL OVER COMPLIANCE

Independent Auditors’ Report

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

Report on Compliance for Family Child Care Program Required by California Department of Social Services

Opinion on Family Child Care Program

We have audited the City of Gardena, California’s (the “City”) compliance with the types of compliance requirements identified as subject to audit in the California Department of Social Services Audit Guide (the “CDSS Audit Guide”), issued by the California Department of Social Services, that could have a direct and material effect on the City’s Family Child Care Program (the “Program”) for the year ended June 30, 2022.

In our opinion, the City complied, in all material respect s, with the types of compliance requirements referred to above that could have a direct and material effect on the Family Child Care Program for the year ended June 30, 2022.

Basis for Opinion on Family Child Care Program

We conducted our audit of compliance in accordance with auditing standards accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, and the CDSS Audit Guide, issued by the California Department of Social Services. Our responsibilities under those standards and the CDSS Audit Guide are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of C ity and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on complia nce for the Program. Our audit does not provide a legal determination of City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance

Management is responsible for comp liance with the requirements referr ed to above and for the design, implementation, and maintenance of e ffective internal control over complia nce with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the Program.

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

Page 2 ends

36 Auditors’ Responsibilities for the Audit of Compliance

Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurre d, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a hi gh level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in acco rdance with auditing standard s generally accepted in the United States of America, Government Auditing Standards , and the CDSS Audit Guide will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with th e compliance requirements referred to above is considered material if there is a substantial likelihood that, individua lly or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about City’s compliance with the requirements of the Program as a whole.

In performing an audit in accordance w ith auditing standards generally accepted in the United States of America, Government Auditing Standards, and the CDSS Audit Guide, we:

 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Su ch procedures include examining, on a test basis, evidence regarding City’s complian ce with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstan ces and to test and report on internal control over compliance in acco rdance with the CDSS Audit Guide , but not for the purpose of expressing an opinion on the effectiveness of City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficien cies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control Over Compliance

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal cour se of performing their assigned functions, to prevent, or detect and correct, noncompliance with a co mpliance requirement on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a compliance requirement will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a compliance requirement that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

To the Honorable Mayor and the Members of the City Council of the City of Gardena
Gardena, California

Page 3 ends

37 Our consideration of intern al control over compliance was for the lim ited purpose described in the Auditors’ Responsibilities for the Audit of Compliance section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknes ses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses may exist that have not been identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

Accordingly, this report is not suitable for any other purpose.

Santa Ana, California
November 8, 2022
City of Gardena Family Child Care Program
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2022

38 Audit Findings and Questioned Costs

A. Current Year Findings and Questioned Costs

No current year findings were noted.

B. Prior Year Findings and Questioned Costs

No prior year findings were noted.

The GTrans Enterprise Fund of the
City of Gardena
Gardena, California
Independent Auditors’ Reports
and Financial Statements
For the Year Ended June 30, 2022

The GTrans Enterprise Fund of the City of Gardena
For the Year Ended June 30, 2022

Table of Contents

i
Page

Independent Auditors’ Reports:

Report on the Financial Statements ...................................................................................................................... 1

Report on Internal Control Over Financial Reporting
and on Compliance (Including Those Contained in the TDA Statutes and California Codes of Regulations) and Other Matters Based on an Audit of the GTrans’ Financial Statements Performed in Accordance with Government Auditing Standards ......................................................................................... 5

Report on Compliance for the Transit Operator Required by the Transportation Development Act and Report on Internal Control Over Compliance ....................................................................................... 7

Independent Accountants’ Report on Compliance for Measure R ........................................................................ 11

Financial Statements:

Statement of Net Position ....................................................................................................................................... 15

Statement of Revenues, Expenses, and Changes in Net Position ........................................................................... 16

Statement of Cash Flows ....................................................................................................... ................................. 17

Notes to the Financial Statements ........................................................................................................................... 19

Required Supplementary Information (Unaudited):

Schedule of GTrans’ Proportionate Share of the Net Pension Liability and Related Ratios ................................. 40

Schedule of Contributions – Pensions .................................................................................................................... 42

Schedule of Changes in Net OPEB Liability and Related Ratios ........................................................................... 45

Schedule of Contributions – Other Postemployment Benefits ............................................................................... 46

Supplementary Information:

Schedule of Farebox Recovery Ratio Calculation .................................................................................................. 51

Schedules of Proceeds Received and Expended ..................................................................................................... 52

ii
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200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707

INDEPENDENT AUDITORS’ REPORT

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Report on the Financial Statements

Opinion

We have audited the accompanying financial statements of the GTrans Enterprise Fund (“GTrans”) of the City of Gardena, California (the “City”), which comprise the Statem ent of Net Position as of June 30, 2022, and the related Statement of Revenues, Expenses and Changes in Net Positi on, and Cash Flows for the year then ended, and the related notes to the financial statements, as listed in the table of contents.

In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of GTrans as of June 30, 2022, and the change in fina ncial position and cash flows fo r the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion

We conducted our audit in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States. Our responsib ilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial St atements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Emphasis of Matters

Financial Statements Presentation

As discussed in Note 1B, the financial statements pre sent only the GTrans and do not purport to, and do not present fairly the financial position of the City as of June 30, 2022, the changes in its financial positions, or where applicable, its cash flows for the year then e nded in accordance with accounting princi ples generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Change in Accounting Principle

As described in Note 2P to the financial statements, in 2022, the City adopted new accounting guidance, GASB Statement No. 87, Leases. Our opinion is not modified with respect this matter.

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Page 2 ends

2 Responsibility of Management for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial st atements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate wh ether there are conditions or events, considered in the aggregate, that raise substantial doubt about GTran’s ab ility to continue as a going concern for twelve months beyond the financial st atement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditors’ Responsibilities for the Audit of the Financial Statements

Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standard s generally accepted in the United States of America and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher th an for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substa ntial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance w ith auditing standards generally accepted in the United States of America and Government Auditing Standards, we:

 Exercise professional judgment and maintain professional skepticism throughout the audit.

 Obtain an understanding of internal c ontrol relevant to the audit in orde r to design audit procedures that are appropriate in the circumstances, but not for the purpo se of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed.

 Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Page 3 ends

3 Required Supplementary Information

Accounting principles generally accepted in the United States of America required that the Schedule of the GTrans’ Proportionate Share of Net Pension Li ability and Related Ratios, the Schedul e of Contributions – Pensions, the Schedule of Changes in Net Other Postemployment Benef its Liability and Related Ratios, and the Schedule of Contributions – Other Postemployment Benefits as listed in the table of contents be presented to supplement the financial statements. Such information, although not a part of the financial st atements, is required by Governmental Accounting Stands Board (“GASB”), who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical c ontext. We have a pplied certain limited procedures to the Required Supplementar y Information in accordance with aud iting standards generally accepted in the United States of America, which consisted of inquiri es of management about the methods of preparing the information and comparing the information for consiste ncy with management’s responses to our inquiries, the financial statements, and other knowle dge we obtained during our audit of the financial statements. We do not express an opinion or provide any assurance on the inform ation because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Management has omitted the Manageme nt’s Discussion and Analysis (“MD &A”) that accounting principles generally accepted in the United States of America require to be presented to supplemen t the financial statements.

Such missing information, although not a part of the financ ial statements, is required by the GASB, who considers it to be an essential part of financial reporting for placing th e financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information.

Supplementary Information

Our audit was conducted for the purpose of forming an opini on on the GTrans’ financial statements. The Schedule of Farebox Recovery Ratio Calcula tion and the Schedule of Proceeds Rece ived and Expended are presented for purposes of additional analysis and are not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the GTrans’ financial statements . Such information has been subjected to the auditing procedures applied in the audit of the GTrans’ financia l statements and certain additional procedures, including comparing and reconciling such information directly to th e underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Schedule of Farebox Recovery Ratio Calculation and the Schedule of Proceeds R eceived and Expended are fairly stated, in all material respects, in relation to the GTrans’ financial statements as a whole.

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Page 4 ends

4 Other Reporting Required by Government Auditing Standards

In accordance with Government Auditing Standards, we have also issued our report dated December 8, 2022, on our consideration of the City’s internal control over GTrans’ financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and gran t agreements and other matters. The purpose of that report is solely to describe the scope of our testing of intern al control over GTrans’ financial reporting and compliance and the results of that testing, and not to provide an opini on on the effectiveness of the City’s internal control over GTrans’ financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal cont rol over GTrans’ financial reporting and compliance.

Santa Ana, California
December 8, 2022

200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING

AND ON COMPLIANCE (INCLUDING THOSE CONTAINED IN THE TDA STATUTES

AND CALIFORNIA CODES OF REGULATIONS) AND OTHER MATTERS
BASED ON AN AUDIT OF THE GTRANS’ FINANCIAL STATEMENTS

PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

Independent Auditors’ Report

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

We have audited, in accordance with the auditing standard s generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States and the TDA Statutes and Ca lifornia Codes of Regulations, issued by California Department of Transportation, the fina ncial statements of the GTrans Enterprise Fund (“GTrans”) of the City of Gardena, California (“City”), as of and for the year e nded June 30, 2022, and the re lated notes to the financial statements and have issued our report thereon dated December 8, 2022.

Report on Internal Control Over Financial Reporting

In planning and performing our audit of the GTrans’ financial statements, we considered the City’s internal control over the GTrans’ financial reporting (“internal control”) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combinati on of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the GTrans’ financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is le ss severe than a material we akness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited pur pose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any defi ciencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Page 2 ends

6 Report Compliance and Other Matters

As part of obtaining reasonable assurance about whether the GTrans’ financial statements are free of material misstatement, we performed tests of the City’s compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with wh ich could have a direct and material effect on the determination of the GTrans’ financial statement amounts. However, providing an opinion on compliance with these provisions was not an objective of our audit, a nd accordingly, we do not express such an opin ion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report

The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City ’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Santa Ana, California
December 8, 2022

200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707

REPORT ON COMPLIANCE FOR THE TRANSIT OPERATOR

REQUIRED BY THE TRANSPORTATION DEVELOPMENT ACT

AND REPORT ON INTERNAL CONTROL OVER COMPLIANCE

Independent Auditors’ Report

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Report on Compliance for the Transit Operator Required by the Transportation Development Act

Opinion on the City as the Transit Operator

We have audited the City of Gardena, California’s (the “City”) compliance with the types of compliance requirements described in §6667 of the California Code of Regulation, Title 21, Division 3, Chapter 3, Article 5.5 applicable to the City’s compliance as a Transit Operator for the year ended June 30, 2022.

In our opinion, the City complied, in a ll material respects, with the compliance requirements referred to above that are applicable to the City as transit operator for the year ended June 30, 2022.

Basis for Opinion on the Compliance for the Transit Operator Required by the Transportation Development Act

We conducted our audit of compliance in accordance with a uditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States; and Transportation Development Act (“TD A”) Statutes and California Code of Regulations, July 2018 (“TDA Guidebook”), issued by the California Department of Transportation Division of Rail and Mass Transporta tion. Our responsibilities under those standards and the TDA Guidebook are further described in the Auditors’ Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of C ity and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on complian ce for the City as a transit operator. Our audit does not provide a legal determination of City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Page 2 ends

8 Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurre d, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the TDA Guidebook will always detect material noncompliance when it exists.

The risk of not detecting material nonc ompliance resulting from fraud is higher th an for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, mi srepresentations, or the override of internal control.

Noncompliance with the compliance require ments referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of the transit operator as a whole.

In performing an audit in accordance w ith generally accepted auditing standard s in the United States of America, Government Auditing Standards, and the TDA Guidebook, we:

 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Su ch procedures include examining, on a test basis, evidence regarding City’s complian ce with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstan ces and to test and report on internal control over compliance in accordance with the TDA Guidebook, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

Report on Internal Control Over Compliance

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a co mpliance requirement on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficienci es, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a compliance requirement will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a compliance requirement that is less severe than a material weakness in intern al control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficienci es in internal control over compliance that might be deficiencies, significant deficiencies, or material weakness in internal control over co mpliance. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above.

However, material weaknesses may exist that have not been identified.

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

Page 3 ends

9 Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over complia nce is solely to describe the scope of our testing on internal control over compliance and the results of that testing based on the requirements of the §6667 of the California Codes of Regulation, Title 21, Division 3, Chapte r 3, Article 5.5. Accordingly, this report is not suitable for any other purpose.

Santa Ana, California
December 8, 2022

10 This page intentionally left blank.
200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707

INDEPENDENT ACCOUNTANTS’ REPORT

To the Honorable Mayor and the Members of City Council
of the City of Gardena
Gardena, California

We have examined the City of Gardena, California’s (“City”) compliance with th e compliance requirements for Measure R as described in Los Angeles County’s the Tra ffic Relief and Rail Expansion Ordinance #08-01 for the year ended June 30, 2022. The City’s management is responsible for City’s compliance with those requirements. Our responsibility is to express an opinion on the City’s compliance based on our examination.

Our examination was conducted in accordance with attesta tion standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the compliance requirements referenced above. An examination involves performing procedures to obtain evidence about the City ’s compliance with those requirements. The nature, timing, and extent of the pr ocedures selected dependent on our judgment, including an assessment of the risks of material nonc ompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion.

Attestation standards established by the American Institute of Certified Public Accountants require that we request a written statement from the City stating that the City’s compliance that we examined has been accurately measured or evaluated.

We are required to be independent and to meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement.

Our examination does not provide a legal determination of the City’s compliance with these requirements.

In our opinion, the City complied with the aforementioned re quirements for the year ended June 30, 2022, is fairly stated, in all material respects.

This report is intended solely for th e information and use of the members of the Measure R Independent Taxpayer Oversight Committee, the City Council, and management and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record, and its distribution is not limited.

Santa Ana, California
December 8, 2022

12 This page intentionally left blank.

FINANCIAL STATEMENTS
13 This page intentionally left blank.
14 ASSETS
Current assets:

Cash and cash equivalents 15,340,334$
Due from other governments 3,153,122
Accounts receivable 324,690
Inventories 826,387
Prepaid items 52,018
Total current assets 19,696,551
Noncurrent assets:

Net pension asset 10,155,145
Capital assets, net 59,000,601
Total assets 88,852,297

DEFERRED OUTFLOWS OF RESOURCES
Deferred outflows of resources related to pensions 1,226,128 Deferred outflows of resources related to other postemployment benefits 1,114,456 Total deferred outflows of resources 2,340,584

LIABILITIES
Current liabilities:

Accounts payable 1,290,315
Accrued expenses 168,859
Accrued payroll and related taxes 688,835
Due to City of Gardena 1,791,787
Retention payable 4,185
Unearned revenues 14,618,926
Lease payable, due within one year 158,923
Bonds payable, due within one year 769,284
Compensated absences - due within one year 356,555
Total current liabilities 19,847,669
Noncurrent liabilities:

Compensated absences - due in more than one year 1,426,219 Bonds payable, due in more than one year 19,864,835
Net other postemployment benefits liability 5,912,424
Total noncurrent liabilities 27,203,478
Total liabilities 47,051,147

DEFERRED INFLOWS OF RESOURCES
Deferred inflows of resources related to pensions 9,086,528 Deferred inflows of resources related to other postemployment benefits 1,070,009 Total deferred inflows of resources 10,156,537

NET POSITION
Net investment in capital assets 58,837,493
Unrestricted (deficit) (24,852,296)
Total net position 33,985,197$
The GTrans Enterprise Fund of the City of Gardena
Statement of Net Position
June 30, 2022
See accompanying Notes to the Financial Statements.
15 OPERATING REVENUES:

Passenger fares 1,380,961$
Service charges for maintenance of City vehicles 154,656 Operating governmental grants:

Other local assistance 11,713,377
Local transportation fund 5,833,372
Federal transit assistance 3,596,324
State transit assistance fund 875,291
Other 95,319
Total operating revenues 23,649,300
OPERATING EXPENSES:

Salaries and benefits 13,463,944
Material and operations 5,308,350
Other operating expenses 2,305,675
Depreciation and amortization 4,755,979
Total operating expenses 25,833,948
OPERATING (LOSS) (2,184,648)
NONOPERATING REVENUES (EXPENSES):

Interest income 57,239
Interest expense (624,991)
Gain on disposal of assets 13,034
Total nonoperating revenues (expenses) (554,718)
(LOSS) BEFORE CONTRIBUTIONS (2,739,366)
CONTRIBUTIONS:

Capital contributions 3,915,704
Total contributions 3,915,704
Changes in net position 1,176,338
NET POSITION:

Beginning of year 32,808,859
End of year 33,985,197$
The GTrans Enterprise Fund of the City of Gardena
Statement of Revenues, Expenses, and Changes in Net Position For the Year Ended June 30, 2022
See accompanying Notes to the Financial Statements.
16 CASH FLOWS FROM OPERATING ACTIVITIES:

Cash received from customers and users 1,299,626$
Cash payments to suppliers for goods and services (7,123,741) Cash payments to employees (14,934,018)
Transit assistance funds received 21,678,300
Net cash provided by operating activities 920,167
CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES:

Transferred (to) from the City 1,022,782
Principal payment on long term debt (773,840)
Interest paid (624,991)
Net cash (used in) noncapital financing activities (376,049) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES:

Cash received from capital contributions 3,915,704
Proceeds from sale of capital assets 13,034
Acquisition of capital assets (3,931,419)
Net cash (used in) capital and related financing activities (2,681) CASH FLOWS FROM INVESTING ACTIVITIES:

Interest received 57,239
Net cash provided by investing activities 57,239
Net change in cash and cash equivalents 598,676
CASH AND CASH EQUIVALENTS:

Beginning of year 14,741,658
End of year 15,340,334$

RECONCILIATION OF OPERATING (LOSS) TO NET CASH
PROVIDED BY OPERATING ACTIVITIES:

Operating (loss) (2,184,648)$
Adjustments to reconcile operating (loss) to net cash
provided by operating activities:

Depreciation and amortization 4,755,979
Changes in operating assets, deferred outflows of resources, liabilities, and deferred inflows of resources:

Decrease (increase) in accounts receivable (81,335)
Decrease (increase) in due from other governmen
t (585,727)
Decrease (increase) in inventories (187,914)
Decrease (increase) in prepaid items 19,281
Decrease (increase) in deferred outflows of resources related to pensions 22,485,440 Decrease (increase) in deferred outflows of resources related (421,968) to other postemployment benefits
(Decrease) in accounts payable 583,768
Increase (decrease) in accrued expenses 75,149
Increase (decrease) in unearned revenue (4,312)
Increase (decrease) in accrued payroll and related liabilities 122,862 Increase (decrease) in compensated absences 277,739
Increase (decrease) in net pension liabilities (32,877,287) Increase (decrease) in net other postemployment benefits liabilities (470,030) (Decrease) in deferred inflows of resources related to pensions 8,826,425 Increase in deferred inflows of resources related to other postemployment benefits 586,745 Net cash provided by operating activities 920,167$
The GTrans Enterprise Fund of the City of Gardena
Statement of Cash Flows
For the Year Ended June 30, 2022
See accompanying Notes to the Financial Statements.
17 18
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The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements
For the Year Ended June 30, 2022

19 Note 1 – Summary of Significant Accounting Policies

A. The Reporting Entity

The financial statements of the GTrans, previously known as the Municipal Bus Lines, Enterprise Fund (the “GTrans”) of the City of Gardena, California (the “City”) are intended to present the financial position and results of the operations of the bus line services. The financial statements of the GTrans are included in the basic financial statements of the City. The City’s basic financial statem ents can be obtained from the City’s Finance Department (1700 West 162
nd Street, Gardena, CA 90247) and the City’s website (www.cityofgardena.org).

As an operator of a public transportation system, the City is eligible for Transportation Development Act (“TDA”) Public Utilities Code Section 99260 (“TDA Section 99260”) funds. These funds were allocated by the Los Angeles County Metropolitan Transportation Authority (“MTA”) to supplement the City’s transit operations.

B. Financial Statements Presentation, Measurement Focus, and Basis of Accounting

The accompanying financial statements present only the GT rans and are not intended to present the financial position, changes in financial position, or cash flows of the City in accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”).

The accounting policies of the GTrans are in accordance with U.S. GAAP app licable to governmental units. The Governmental Accounting Standards Board (“GASB”) is the accepted standard-se tting body for establishing accounting and financial reporting principles.

The financial statements are prepared using the “economic resources” measurement focus and the accrual basis of accounting. Accordingly, all assets, deferred outflows of resources, liabilities, and defe rred inflows of resources (whether current or noncurrent) are included on the Stat ements of Net Position. The Statements of Revenues, Expenses, and Changes in Net Position present increases (r evenues) and decreases (expenses) in total net position.

Under accrual basis of accounting, revenues are recognized in the accounting period in which they are earned and expenses are recognized in the period when a liability is incurred.

Operating revenues are those revenues that are generated from the primary operations of the GTrans. All other revenues are reported as nonoperating revenues. Operating e xpenses are those expenses that are essential to the primary operations of the GTrans. All other expenses are reported as nonoperating expenses.

C. Cash and Cash Equivalents

The GTrans’ cash is pooled with the City’s internal investment pool. Cash on hand and demand deposits pooled with the City are considered as cash and cash equivalents.

D. Grants

Grant revenues and receivables are recorded when earned on grants that have been approved and funded by the grantor. Grant sources include Federal Transit Administ ration, Transportation Development Act, State Transit Assistance, Measure R, Measure M, Proposition 1B, Proposition A, and Proposition C.

E. Inventories

Inventories consist of materials and supplies which are valued at cost on a first-in, first-out basis. Inventories are recorded as an expense when consumed for financial statement purposes, but recorded as inventory when purchased.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

20 Note 1 – Summary of Significant Accounting Policies (Continued)

F. Prepaid items

Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in the financial statements.

G. Capital Assets

The GTrans’ capital assets include buildings, buses, vehicl es, furniture and equipment which are recorded at historical cost or estimated historical cost if actual cost is not available. Donated capital assets are valued at their acquisition value. The City’s policy is to capitalize all assets with a unit cost of $5,000 or more, and a useful life of more than one year. Capital assets used in operations ar e depreciated over their estimated useful lives using the straight-line method. The lives used for depreciation purposes are as follows:

Buildings/structures and improvements 40 years
Machinery and equipment 3-15 years
Buses 12 years
Furniture and fix tures 3-10 years
Infrastructure 30-60 years

H. Deferred Outflows and Inflows of Resources

The statement of net position reports se parate sections for deferred outflows of resources and deferred inflows of resources, when applicable.

Deferred Outflows of Resources represent a consumption of net assets that applies to future periods.

Deferred Inflows of Resources represent an acquisition of net assets that applies to future periods.

I. Unearned Revenue

Unearned revenue is recognized for transactions for whic h revenue has not yet been earned. Typical transactions recorded as unearned revenues are prepaid charges for services; grants received but not yet earned.

J. Compensated Absences

It is the City’s policy to accrue annual leave when incurred. A liability is recorded for unused sick leave balances only to the extent that it is probable that the unused bala nces will result in termination payments. This is estimated by including in the liability the unused balances of employees currently entitled to receive termination benefits, as well as those who are expected to become eligible to r eceive termination benefits as a result of continuing their employment with the City. Other amounts of unused sick leave are excluded from the liability since their payment is contingent solely upon the occurren ce of a future event (illness) which is out side the control of the City and the employee.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

21 Note 1 – Summary of Significant Accounting Policies (Continued)

K. Leases

Lessee

The City has a policy to recognize a lease liability and a ri ght-to-use asset (lease asset) in the financial statements with an initial, individual value of $5,000 or more with a lease term greater than one year. Variable payments based on future performance or usage of the underlying assets are not included in the measurement of the lease liability.

At the commencement of a leas e, the lease liability is measured at the pr esent value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made.

Lease assets are recorded at the amount of the initial measurement of the lease liabilities and modified by any lease payments made to the lessor at or before the commen cement of the lease term, less any lease incentives received from the lessor at or before the commencement of the lease term along with any initial direct costs that are ancillary charges necessary to place the lease assets into service. Lease assets are amortized using the straight–line method over the shorter of the lease term or the useful life of the underlying asset, unless the lease contains a purchase option that the State has determined is reasonably certain of being exercised. In this case, the lease asset is amortized over the useful life of the underlying asset.

Key estimates and judgments related to leases include how the City determines (1) the discount rate it uses to discount the expected lease payments to present value, (2) lease term, and (3) lease payments.

 The City uses the interest rate charged by the lessor as the discount rate. When the interest rate charged by the lessor is not provided, the City generally uses its estimated incremental borrowing rate as the discount rate for leases.
 The lease term includes the noncancelable period of the lease, plus any option periods that are reasonably certain to be exercised.
 Lease payments included in the measurement of the lease liability are composed of fixed payments and purchase option price that the City is reasonably certa in to exercise. The City monitors changes in circumstances that would require a remeasurement of a lease and will remeasure any lease asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability.

Lease assets are reported as right-to-use along with other capital assets and lease liabilities are reported on the statement of net position.

L. Pensions

For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expe nse, information about the fiduciary net position of the plans and additions to/deductions from the plans’ fiduciary net position have been determined on the same basis as they are reported by the plans. For this purpose, benefit payments (includi ng refunds of employee contributions) are recognized when due and payable in accordance with benefit terms. Investments are reported at fair value in the CalPERS trust.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

22 Note 1 – Summary of Significant Accounting Policies (Continued)

L. Pensions (Continued)

The following timeframes are used for pension reporting:

CalPERS June 30, 2022
Valuation Date June 30, 2020
Measurement Date June 30, 2021
Measurement Period July 1, 2020 to June 30, 2021

Gains and losses related to changes in total pension lia bility and fiduciary net positi on are recognized in pension expense systematically over time. The first amortized amounts are recognized in pension expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to pensions and are to be recognized in future pension expense. The amorti zation period differs depending on the sources of the gain or loss. The difference between projected and actual earnings is amortized on a straight- line basis over 5 years. All other amounts are amortized on a straight-line basis over the average expected remaining service lives of all members that are provided with benefits (active, inactive, and retired) as of the beginning of the measurement period.

M. Other Postemployment Benefits (“OPEB”) Plan

For the purpose of measuring the net OPEB liability, de ferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expense, informati on about the fiduciary net pos ition of the City’s OPEB Plan and additions to/deductions from the OPEB Plan’s fiduciary net position have b een determined on the same basis as they are reported by the Plan. For this purpose, the OPEB Plan recognizes benefit payments when due and payable in accordance with the benefit terms. Investments are reported at fair value in the CalPERS trust.

The following timeframes are used for OPEB reporting:

OPEB June 30, 2022
Valuation Date June 30, 2020
Measurement Date June 30, 2021
Measurement Period July 1, 2020 to June 30, 2021

Gains and losses related to changes in total OPEB liability and fiduciary net position are recognized in OPEB expense systematically over time. The first amortized amounts are recognized in OPEB expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to OPEB and are to be recognized in future OPEB expen se. The amortization period differs depending on the sources of the gain or loss. The difference between projected and actual earnings is amortized on a straight-line basis over 5 years. All other amounts are amortized on a straight-lin e basis over the average exp ected remaining service lives of all members that are provided with benefits (active, inactive, and retired) as of the beginning of the measurement period.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

23 Note 1 – Summary of Significant Accounting Policies (Continued)

N. Net Position

Net position is classified as follows:

Net Investment in Capital Assets – This component of net position consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of retention payable that are attributable to the acquisition, construction, or improvement of those assets.

Restricted – This component of net positi on consists of restricted assets reduced by liabilities and deferred outflows and inflows of resources related to those assets.

Unrestricted – This component of net position is the net am ount of the assets, deferred outflows of resources, liabilities, and related inflows of resources that are not included in the determination of net investment in capital assets or the restricted component of net position.

At June 30, 2022, there was no “restricted” component of net position for the GTrans.

O. Use of Estimates

The preparation of financial statements in accordance with U.S. GAAP requires management to make estimates and assumptions. These estimates and assumptions affect certain reported amounts and disclosures. Accordingly, actual results could differ from these estimates and assumptions.

P. Implementation of New GASB Pronouncements

During the fiscal year ended June 30, 2022, the City implemented the following new GASB pronouncements:

GASB Statement No. 87 – In June 2017, GASB issued Statement No. 87, Leases (GASB Statement No. 87), to better meet the information needs of financial statem ent users by improving accounting and financial reporting for leases by governments. This statement increases the useful ness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It also establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Implementation of this St atement had a significant effect on the GTrans’ financial statements for the fiscal year ended June 30, 2022.

Note 2 – Cash and Investments

Petty cash and the GTrans’ share of the City’s cash and investments at June 30, 2022 was $15,340,334.

Cash is deposited in the City’s internal investment pool, which is reported at the amortized cost. The GTrans does not own specifically identifiable securities in the City’s pool. Interest income is allocated based on average cash balances.

Investment policies and associated risk factors applicable to the GTrans are those of the City and are included in the City’s basic financial statements. Please refer to the City’s Annual Comprehensive Financial Report for related disclosures for cash and investments.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

24 Note 3 – Due from Other Governments

Due from other governments consisted of the following at June 30, 2022:

2022
MTA 2,094,344 $
South Coast Air Quality Management District 98,822
U.S. Department of Transportation Federal Transit Administration 959,956 Total 3,153,122$

Note 4 – Capital Assets

Summary of changes in capital assets of the GTrans for the year ended June 30, 2022 is as follows:

Balance
July 1, 2021 Balance
(As Restated) Additions Deletions Reclassification June 30, 2022 Nondepreciable assets:

Land 12,956,405 $ - $ - $ - $ 12,956,405$ Construction in progress 1,865,042 3,919,886 (914,678) 4,870,250 Total nondepreciable assets 14,821,447 3,919,886 - (914,678) 17,826,655 Depreciable capital assets:

Building 26,962,077 - - - 26,962,077 Building improvements 12,931,350 - - - 12,931,350 Buses 47,860,723 - (3,429,407) 456,172 44,887,488 M achinery and equipment 9,466,687 - (64,615) 385,299 9,787,371 Furniture and fixtures 1,552,314 - - 73,207 1,625,521 Infrastructure 1,010,673 - - - 1,010,673 Total capital assets, being depreciated 99,783,824 - (3,494,022) 914,678 97,204,480 Less accumulated depreciation: (55,072,689) (4,603,923) 3,494,022 - (56,182,590) Net depreciable capital assets: 44,711,135 (4,603,923) - 914,678 41,021,890 Lease assets:

M achinery and equipment 304,112 - - - 304,112 Total lease assets, being amortized 304,112 - - - 304,112 Less accumulated amortization: - (152,056) - - (152,056) Net lease assets: 304,112 (152,056) - - 152,056 Total capital assets, net 59,836,694$ (836,093) $ - $ - $ 59,000,601$

Depreciation and amortization expenses of the GTrans were in the amounts of $4,603,923 and $152,056, respectively for the years ended June 30, 2022.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022
25 Note 5 – Unearned Revenues
Unearned revenues represent excess operating and excess capita l assistance. The following represents the amount at June 30, 2022:

Proposition A - Local Return 4,225,681$
Proposition A - Fare Subsidy 2,717,066
Measure M - Local Return 4,127,926
Measure R - Bus Operations 2,844,769
Measure R - Capital 361,499
California Department of Transportation - Low Carbon Transit Operation Program 264,686 Others 77,299
Total 14,618,926$
Note 6 – Long-Term Liabilities
Summary of changes in long-term liabilities of the GTrans for the year ended June 30, 2022 are as follows:

Balance
July 1, 2021 Balance Due within Due in more
(As Restated) Additions Deletions June 30, 2022 One Year One Year 2020 Taxable Pension Obligation
Bonds - publicly offered 21,262,770 $ - $
(628,651)$ 20,634,119$ 769,284 $ 19,864,835$
Lease payable 304,112 -
(145,189) 158,923 158,923 -
Compensated absences 1,505,035 993,459 (715,720) 1,782,774 356,555 1,426,219 Total 23,071,917$ 993,459 $ (1,489,560)$ 22,575,816$ 1,284,762 $ 21,291,054$ 2020 Taxabl
e Pension Obligation Bonds – Original Issuance $101,490,000 ($22,296,415 for Business-Type Activities)
In November 2020
, the City issued the Taxable Pension Obligation Bonds, Series 2020 in the amount of $101,490,000.

The purpose of the bonds was to finance a portion of the City’s unfunded accrued actuarial liability to the California Public Employees’ Retirement System (CalPERS) for the benefit of the City’s employees and to pay the costs of issuance of the bonds. Of the original $101,490,000 of bond principal issued $21,306,850 was allocated to GTrans.

The bonds accrue interest at rates betw een 1.081% and 3.363%. Interest on the bonds is payable semiannually on each April 1 and October 1, commencing April 1, 2021. Principa l payments are due in annual installments ranging from $210,000 and $7,525,000, commencing April 1, 2021 through April 1, 2039. The bonds are not subject to optional and mandatory redemption prior to maturity. The bond debt service payments will be made from the debt service funds.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022
26 Note 6 – Long-Term Liabilities (Continued)
Lease Payable
GTrans has e
ntered leases for the machine uses. The terms of the agreements range from 18 months to 60 months.

The calculated interest rates used were between 0.185% to 1.705% based on the term of the agreements.

Principal and interest payments to maturity at June 30, 2022 are as follows:

Fiscal Year Principal Interest Total
2023 158,923$ 188$ 159,111$
Compensate
d Absences
All vested vacation and compensatory leave time are recognized a s an expense and as a liability in the business-type
funds at the time the liability vests. GTrans funds have been used to liquidate the liability. The balance outstanding at June 30, 2022 was $1,782,774.

Note 7 – Employees’ Retirement Plan
General Information about the Pension Plan
Plan Description
The GTrans participates in the City’s pension plan. The City contributes to the California Public Employees Retirement System (“CalPERS”) miscellaneous plan, an agent multiple-employer defined benefit pension plan. CalPERS acts as a common investment and administrative agent for participati ng public entities within the State of California. Benefit provisions and all other requirements are established by state statue and City ordinance. A full description of the pension plan regarding number of employees covered, benefit provisions, assumptions (for funding, but not accounting purposes), and membership information are listed in the Annual Actuarial Valuation Report. This report and CalPERS’ audited financial statements are publicly available reports that can be obtained at CalPERS’ website under Forms and Publications (www.calpers.ca.gov/page/forms-publications).

Benefit Provided
CalPERS provides retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. A classic CalPERS member becomes eligible for service retirement upon attainment of age 50 with at least 5 years of credited service. PEPRA miscellaneous members become eligible for service retirement upon attainment of age 52 with at least 5 years of service. The service retirement benefit is a monthly allowance equal to the product of the benefit factor, years of service, and final compensation. The final compen sation is the monthly average of the member’s highest 36 or 12 consecutive months’ full-time equivalent monthly pay. Retirement benefits for classic miscellaneous employees are calculated as 2% of average final 12 months compensation. Retirement benefits for PEPRA miscellaneous employees are calculated as 2% of the average final 36 months compensation.

Participant is eligible for non-industrial disability retirement if the participant becomes disabled and has at least 5 years credited service. There is no special age requirement. The standard non-industrial disability retirement benefit is a monthly allowance equal to 1.8 percent of final compensation, multiplied by service.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022
27 Note 7 – Employees’ Retirement Plan (Continued)
General Information about the Pension Plan (Continued)
Benefit Provided (Continued)
Industrial dis
ability benefits are not offered to miscellaneous employees.

An employee's beneficiary may receive the basic death benefit if the employee becomes deceased while actively employed. The employee must be actively employed with the City to be eligible for this benefit. An employee's survivor who is eligible for any other pre-retirem ent death benefit may choose to receive that death benefit instead of this basic death benefit. The basic death benefit is a lump sum in the amount of the employee's accumulated contributions, where interest is currently credited at 7.65 percent per year, plus a lump sum in the amount of one month's salary for each completed year of current service, up to a maximum of six months' salary. For purposes of this benefit, one month's salary is defined as the member's average monthly full-time rate of compensation during the 12 months preceding death.

Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s designated survivor(s), or to the retiree’s estate.

Benefit terms provide for annual cost-of-living adjustments to each employee’s retirement allowance. Beginning the second calendar year after the year of retirement, retirement and survivor allowances will be annually adjusted on a compound basis by 2 percent.

Employees Covered by Benefit Terms
At June 30,
2020, the valua tion date, the following employees were cove red by the benefit terms under the City’s miscellaneous plan:
2020
Active employees 134
Transferred and terminated employees 32
Retired Employees and Beneficiaries 42
Total 208
Contributio
ns
Section 20814(c) of the California Publi
c Employees’ Retirement Law (“PERL”) requires that the employer contribution rates for all public employers are determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. The total plan contributions are determined through CalPERS’ annual actuarial valuation process. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The employer is required to contribute the difference between the actuaria lly determined rate and the c ontribution rate of employees.

For the measurement period ended June 30, 2021, the employer’s contribution rates were 9.362%. The active classic miscellaneous employee contribution rate was 7% of annual pay and th e active PEPRA miscellaneous employee contribution rate was 6.75% of annual pay.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022
28 Note 7 – Employees’ Retirement Plan (Continued)
General Information about the Pension Plan (Continued)
Net Pension Liability
Actuarial Methods and Assumption Used to Determine Total Pension Liability For the measurement period ended June 30, 2021, t
he total pension liability was determ ined by rolling forward the June 30, 2020 total pension liability. The June 30, 2020 total pension liabiliti es were based on the following actuarial methods and assumptions:

Actuarial Cost Method
Actuarial Assumptions:

Discount Rates
Inflation
Salary Increases
Investment Rate of Return
M ortality Rate Table
1 Post Retirement Benefit Increase
1 The mortality table used was developed based on CalPERS-specific data. The probabilities of mortality are based on the 2017 CalPERS Experience Study for the period from 1997 to 2015. Pre-retirement and Post-retirement mortality rates include 15 years of projected mortality improvement using 90% of Scale MP-2016 published by the Society of Actuaries. For more details on this table, please refer to the CalPERS Experience Study and Review of Actuarial Assumptions report from December 2017 that can be found on the CalPERS website.

Entry Age Normal

7.25% includes inflation
Derived using CalPERS's Membership Data for all Funds.

In 2020, the lesser of contract COLA or 2.00% until Purchasing Power Protection allowance floor on purchasing power applies,

2.50% thereafter
In 2019, contract COLA up to 2.50% until Purchasing Power Protection Allowance Floor on Purchasing Power applies, 2.50% thereafter.

7.15%

2.500%
Varies by Entry Age and Service
Change of As
sumptions
In 2020 and
2021, there were no changes in assumptions. In 2018, demographic assumptions and inflation rate were changed in accordance to the CalPERS Study and Review of Actuarial Assumptions December 2017. There were no changes in the discount rate.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022
29 Note 7 – Employees’ Retirement Plan (Continued)
General Information about the Pension Plan (Continued)
Long-Term Expected Rate of Return
The long-ter
m expected rate of return on pension plan i nvestments was determined usi ng a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class.

In determining the long-term expected rate of return, CalPERS took into account both short-term and long-term market return expectations as well as the expected pension fund cash flows. Using historical returns of all of the funds’ asset classes, expected compound (geometric) re turns were calculated over the short-te rm (first 10 years) and the long-term (11+ years) using a building-block approach. Using the expected nominal returns for both short-term and long-term, the present value of benefits was calculated for each fund. The expected rate of return was set by calculating the rounded single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equal to the single equivalent rate calculated above and adjusted to account for assumed administrative expenses.

The expected real rates of return by asset class for 2021 are as followed:

Asset Class1
Assumed Asset
Allocation
Real Return
Years 1 - 102
Real Return
Years 11+3
Global Equity 50.00% 4.80% 5.98%
Fixed Income 28.00% 1.00% 2.62%
Inflation Assets 0.00% 0.77% 1.81%
Private Equity 8.00% 6.30% 7.23%
Real Assets 13.00% 3.75% 4.93%
Liquidity 1.00% 0.00% -0.92%
100.00%
2 An expected inflation of 2.00% used for this period.
3 An expected inflation of 2.92% used for this period.
1 In the System's CAFR, Fixe d Income is include d in Globa l Debt Securities; Liquidity is included in Short-ter m Investments; Inflation Assets are included in both Global Equity Securities and Global Debt Securities.

Discount Rat
e
The discount
rate used to measure the June 30, 2021 total pension liability was 7.15%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers w ill be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

30 Note 7 – Employees’ Retirement Plan (Continued)

Changes in the Net Pension Liability

Proportionate Share of Net Pension Liability

The GTrans’ proportionate share of net pens ion liability of the City’s miscellaneous plan is determined by the City’s CalPERS long term projected contribution made by the GTra ns over the total miscellaneous plan contribution. The following table shows the GTrans’ proportionate share of the City’s miscellaneous plan net pension liability over the measurement period ended June 30, 2021.

Total Pension Plan Fiduciary Net Net Pension
L iability Position L iability
(a) (b) (c) = (a) - (b)
Balance at June 30, 2020 (Valuation Date) 85,925,770 $ 63,203,628 $ 22,722,142 $ Balance at June 30, 2021 (Measurement Date) 85,386,294 95,541,439 (10,155,145) Net Changes during 2020-2021 (539,476) 32,337,811 (32,877,287) Increase (Decrease)

The GTrans’ proportionate shares of the net pension liabilities are as follows:

Measurement Date 2021
June 30, 2020 47.8000%
June 30, 2021 46.7000%
Change - Increase (Decrease) -1.1000%

Sensitivity of the Net Pension Liability to Changes in the Discount Rate

The following presents the net pension liability of the Plan as of the measurement date of June 30, 2021, calculated using the discount rate of 7.15%, as well as what the net pension lia bility would be if it were cal culated using a discount rate that is 1 percentage-point lower (6.15%) or 1 percentage-point higher (8.15%) than the current rate:

Discount Rate - 1 % Current Discount Discount Rate + 1% M easurement Date (6.15%) Rate (7.15%) (8.15%)
June 30, 2021 759,012$ (10,155,145)$ (19,170,753) $ Plan's Net Pension L iability

Pension Plan Fiduciary Net Position

Detailed information about the plan’s fi duciary net position is available in th e separately issued CalPERS financial report.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

31 Note 7 – Employees’ Retirement Plan (Continued)

Pension Expense and Deferred Outflows and Inflows of Resources Related to Pensions

As of measurement date of June 30, 2021, the GTrans ha d deferred outflows and deferred inflows of resources related to pensions as follows:

Deferred outflows Deferred inflows
of resources of resources
Contribution made after the measurement date 981,092 $
Difference between expected and actual experience 245,036 (734,398) Changes in assumption - -
Net difference between projected and actual earning on
pension plan investments - (8,352,130) Total 1,226,128$ (9,086,528) $
June 30, 2021
Measurement Date

The amounts above are net of outflows and inflows of resources recognized in the 2020-2021measurement period expense.

The expected average remaining service lifetime (“EARSL”) is calculated by dividing the total future service years by the total number of plan participants (active, inactive, and retired). The EARSL for the miscellaneous plan for the 2020- 2021 measurement periods is 3.4 years, which was obtained by dividing the total service years of 3,777 (the sum of remaining service lifetimes of the active employees) by 1,101 (the total number of participants: active, inactive, and retired), respectively.

$981,092 reported as deferred outflows of resources related to pensions resulting from the GTrans’ portion of the City’s contributions subsequent to the measurement dates are rec ognized as a reduction of the net pension liability in the year ending June 30, 2023. Other amounts reported as deferred outflows and deferred inflows of resources related to pensions will be recognized in the future pension expense as follows:

Year
Ended June 30 2022
2023 (2,192,272)$
2024 (2,260,551)
2025 (2,118,772)
2026 (2,269,897)
2027 -
Thereafter -
Total (8,841,492)$
(Inflows) of Resources
Miscellaneous Plan
Deferred Outflows/

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

32 Note 8 – Net Other Postemployment Benefits Liability (“OPEB”)

General Information about the OPEB Plan

Plan Description

The City provides retiree healthcare benefits for employ ees who retire simultaneously from CalPERS and the GTrans and who meet the qualifying criteria negotiated by the various GTrans labor groups. The OPEB plan is a single employer plan with a trust setup for GTrans but without a special funding situation, or nonemployer contribution entities. The GTrans offers insurance coverage from Kaiser Permanente and City’s self-insured PPO.

Miscellaneous employees hired prior to July 1, 2002 must be 55 years of age and have at least 13 years of full-time service with the GTrans. Effective July 1, 2002, miscellaneous (non-management) employees must have at least 20 years of full-time service to qualify.

The GTrans’ health plan year runs February through January with open-enrollment every January prior to the start of the new plan year. The monthly benefits paid by the GTrans is $1,329 and $1,167 per month for the calendar years of 2022 and 2021, respectively.

Eligibility

All of the Plan’s employees became participants in acco rdance with a negotiated Memorandum of Understanding (“MOU”) as negotiated by each group or bargaining unit. In order to receive benefits, eligible employees must meet the minimum requirements defined in their MOU. At June 30, 2021, measurement date, the following numbers of participants were covered by the benefit terms:

Measurement date June 30, 2021
Inactives currently receiving benefits 43
Inactives entitled to benefit payments -
Active employees 115
Total 158

Contributions

The contribution requirements of plan members and the GTrans are established and may be amended by the City Council The contribution required to be made is based on a pay-as- you-go basis (i.e., as medical insurance premiums become due).

Net OPEB Liability

The GTrans net OPEB liabilities were measured as of June 30, 2021, and total liabilities used to calculate the net OPEB liabilities were determined by actuarial valuation as of June 30, 2020.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

33 Note 8 – Net Other Postemployment Benefits Liability (“OPEB”) (Continued)

Net OPEB Liability (Continued)

Significant Actuarial Assumptions Used for Total OPEB Liability

The net OPEB liability, measured as of June 30, 2021 was determined using the following actuarial assumptions:

Actuarial Cost M ethod
Actuarial Assumptions:

Actuarial Valuation Date
Contribution Policy
Discount Rate and Long-Term Expected Rate
of Return
Inflation
Mortality, Retirement, Disability, Termination
Mortality Improvement
Salary Increases
M edical Trend
M edical Plan at Retirement
Healthcare Participation
for Future Retirees
Mortality projected fully generational with Scale
MP-2020
Aggregate - 2.75%
Non-Medicare - 6.75% for 2022, decreasing to an
ultimate rate of 3.75% in 2076
Medicare (Non-Kaiser) - 5.85% for 2022,
decreasing to an ultimate rate of 3.75% in 2076
Medicare (Kaiser) - 4.75% for 2022, decreasing to
an ultimate rate of 3.75% in 2076
Current actives pre-Medicare: 40% Kaiser, 60% City plan Current actives post-Medicare: 25% Kaiser, 75% City plan Current retirees: current election
Currently covered: retiree - 100%, spouse - 50-100% based on the City Contribution.

Currently waived: 10%
Entry Age Normal

6.25% at June 30, 2021
Expected Agency contributions projected to keep sufficient plan assets

2.50% annually
CalPERS 1997-2015 Experience Study
City began making contributions to CERBT #1 in
2018/19 on an ad-hoc basis
June 30, 2020

Discount Rate

The discount rates used to measure the June 30, 2021 to tal OPEB liability were 6.25%. The fiduciary net position is projected to be sufficient to make projected benefit payments , and the plan assets are expected to be invested using the strategy to achieve the expected return.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

34 Note 8 – Net Other Postemployment Benefits Liability (“OPEB”) (Continued)

Net OPEB Liability (Continued)

Discount Rate (Continued)

For measurement date June 30, 2021, the target allocation a nd best estimates of arithmetic real rates of return for each major asset class are summarized in the following tables:

Global Equity 59.00% 4.56%
Fixed Income 25.00% 0.78%
TIPS 5.00% -0.08%
Commodities 3.00% 1.22%
REITS 8.00% 4.06%
100.00%
Assumed Long-Term Rate of Inflation 2.50%
Ex pected Long -Term Net Rate of Return 6.25%
1 CalPERS approved new CERBT asset allocations in March 2022. This is not expected to impact the expected long-term rate of return assumption for CERBT Strategy 1.

Change in Net OPEB Liability

The following tables show the GTra ns’ Change in Net OPEB Liability over the measurement periods ended June 30, 2021.

Total OPEB Plan Fiduciary Net Net OPEB
L iability Position L iability
(a) (b) (c) = (a) - (b)
Balance at June 30, 2020 10,865,356 $ 4,482,902 $ 6,382,454 $ Changes recognized for the measurement period:

Service Cost 340,578 - 340,578 Interest on the total OPEB liability 691,860 - 691,860 Difference between expected and actual experience - - - Changes of assumptions - - - Contributions - employer - 272,358 (272,358) Net investment income - 1,231,806 (1,231,806) Benefits payment (272,358) (272,358) - Administrative expenses - (1,696) 1,696 Net changes during July 1, 2020 to June 30, 2021 760,080 1,230,110 (470,030) Balance at June 30, 2021 (Measurement Date) 11,625,436$ 5,713,012 $ 5,912,424 $ Increase (Decrease)
2022

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022

35 Note 8 – Net Other Postemployment Benefits Liability (“OPEB”) (Continued)

Net OPEB Liability (Continued)

Sensitivity of the net OPEB Liability to Changes in the Discount Rate

The following tables present the total O PEB liability of the GTrans, as well as what the GTrans’ total OPEB liability would be if it were calculated using a discount rate that is 1-percentage-point lower (5.25 percent) or 1-percentage- point higher (7.25 percent) than the current discount rate.

Discount Rate - 1% Current Discount Discount Rate + 1%
Measurement Date (5.25%) Rate (6.25%) (7.25%)
June 30, 2021 7,527,781$ 5,912,424 $ 4,583,124 $ Plan's Net OPE B L iability

Sensitivity of the Total OPEB Liability to Changes in the Health Care Cost Trend Rates

The following tables present the total O PEB liability of the GTrans, as well as what the GTrans’ total OPEB liability would be if it were calculated using healthcare cost trend ra tes that are 1-percentage-point lower or 1-percentage-point higher than the current healthcare cost trend rates for measurement dates June 30, 2021.

Measurement Date 1% Decrease Current Trend 1% Increase June 30, 2021 4,315,035$ 5,912,424 $ 7,906,799 $ Plan's Net OPE B L iability

OPEB Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to OPEB

At June 30, 2022, the GTrans reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources:

Deferred outflows Deferred inflows
of resources of resources
Difference between expected and actual experience 152,453$ (221,753) $ Changes of assumptions 88,307 (181,010) Net difference between projected and actual earnings
on plan investments - (667,246) Employer contributions made subsequent to
the measurement date 873,696 -
Total 1,114,456$ (1,070,009) $
2022

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022
36 Note 8 – Net Other Postemployment Benefits Liability (“OPEB”) (Continued) OPEB Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to OPEB (Continued)
Other amounts reported as
deferred outflows and deferred inflows of resources related to other postemployment benefits will be recognized in the future other postemployment benefits expense as follows:

Year
Ending June 30 2022
2023 (185,564) $
2024 (186,564)
2025 (191,307)
2026 (219,175)
2027 (22,573)
Thereafter (24,066)
Total (829,249)$
Deferred Outflows/
(Inflows) of Resources
Note 9 – Cap
ital Contributions
The following represents the different sources of capital contributions for the year ended June 30, 2022:

Proposition 1B - Security 178,599$
Proposition 1B - Security Bridge 47,159
Proposition 1B - Capital Bridge 119,898
Municipal Operator Service Improvement Program ("MOSIP") 947,186 Federal Transit Assistance Funds 2,125,178
State Transit Assistance 104,687
The Los Angeles County Metropolitan Transportation Authority:

Information Technology Systems 159,270
Bus Signal 192,120
Mobile Source Air Pollution Reduction Review Committee ("MSRC") Natural Gas Infrastructure Program 15,048
Low Carbon Transit Program 26,559
Total 3,915,704$
Note 10 – Related Party
Transactions
Certain general and administrative costs are allocated to the GTrans by the City based upon an approved cost allocation plan. Such allocated costs were $2,305,675 for the year ended June 30, 2022.

The GTrans Enterprise Fund of the City of Gardena
Notes to the Financial Statements (Continued)
For the Year Ended June 30, 2022
37 Note 11 – Net Investment In Capital Assets
The following is the calculation of net investment in capital assets at June 30, 2022.

Capital assets, net of
accumulated depreciation and amortization 59,000,601 $
Less: retention payable (4,185)
Less: lease payable (158,923)
Total 58,837,493$
Note 12 – Co
mmitments & Contingencies
A. Lawsuits
The GTrans is presently involved in certain matters of
litigation that have arisen in the normal course of conducting the GTrans’ business. Management believes, based upon consultation with attorney s that these case s, in the
aggregate, are not expected to result in a material adverse financial impact on the GTrans. Additionally, the GTrans’ management
believes that the GTrans’ insurance programs are sufficient to cover any potential losses should an unfavorable outcome mat
erialize.

B. Federal and State Grant Programs
The City participates in Federal and State grant programs for the GTrans, the principal of which are su bject to
program compliance audits pursuant to the Single Audit Act as amended and applicable State requirements.

Accordingly, the City’s compliance wi th applicable grant requirements will be established at a future date. The amount of expenditures
which may be disallowed by the granti ng agencies cannot be determined at this time, although the
GTrans management anticipates such amounts, if any, will be immaterial. 38 This page intentionally left blank

REQUIRED SUPPLEMENTARY INFORMATION (UNAUDITED)
39 Measurement Date June 30,2021 June 30,2020 June 30, 2019 June 30, 2018 June 30, 2017 GTrans Proportion of the Net Pension Liability 46.70000% 47.80000% 46.05480% 44.79196% 50.31818% GTrans's Proportionate Share of
the Net Pension Liability (Asset) (10,155,145) $ 22,722,142 $ 20,652,115 $ 17,636,461 $ 19,931,911 $ GTrans's Covered Payroll 10,165,752 $ 10,165,752 $ 9,725,277 $ 9,297,404 $ 8,881,850 $ GTrans's Proportionate Share of the Net Pension
Liability (Asset) as a Percentage of Its Covered Payroll -99.90% 223.52% 212.36% 189.69% 224.41% GTrans's Proportionate Share of the Fiduciary Net
Position as a Percentage of the Total Pension Liability 111.89% 73.56% 74.28% 76.06% 75.13% Notes to Schedule:

Changes of Assumptions: In 2021, 2020 and 2019, there were no changes. In 2018, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and Review of Actuarial Assumptions December 2017. There were no changes in the discount rate. In 2017, the discount rate reduced from 7.65 percent to 7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrative expense).

For the Year Ended June 30, 2022
1 Historical information is presented only for measurement periods after GASB 68 implementation in 2013-14.

Change in Benefit Terms: There were no changes in benefit terms.

California Public Employees' Retirement System ("CalPERS") - GTrans Last Ten Fiscal Years1
The GTrans Enterprise Fund of the City of Gardena
Required Supplementary Information (Unaudited)
Schedule of the GTrans' Proportionate Share of the Net Pension Liability and Related Ratios 40 Measurement Date June 30, 2016 June 30, 2015 June 30, 20141 GTrans Proportion of the Net Pension Liability 50.31818% 50.31818% 50.31818% GTrans's Proportionate Share of
the Net Pension Liability 16,916,479 $ 12,394,309 $ 10,288,210 $ GTrans's Covered Payroll 8,766,851 $ 9,049,080 $ 8,756,618 $ GTrans's Proportionate Share of the Net Pension
Liability (Asset) as a Percentage of Its Covered Payroll 192.96% 136.97% 117.49% GTrans's Proportionate Share of the Fiduciary Net
Position as a Percentage of the Total Pension Liability 76.80% 82.27% 84.97% For the Year Ended June 30, 2022
Last Ten Fiscal Years
California Public Employees' Retirement System ("CalPERS") - GTrans The GTrans Enterprise Fund of the City of Gardena
Required Supplementary Information (Unaudited)
Schedule of the GTrans' Proportionate Share of the Net Pension Liability and Related Ratios (Continued) 41 Fiscal Year 2021-221 2020-2021 2019-20 2018-19 2017-18 Actuarially determined contribution 981,092 $ 2,102,021 $ 1,993,187 $ 1,651,631 $ 1,517,116 $ Contributions in relation to the
actuarially determined contribution (981,092) (22,470,696) (1,993,187) (1,651,631) (1,517,116) Contribution deficiency (excess) - $ (20,368,675)$ - $ - $ - $ Covered Payroll2 9,856,478$ 8,986,120 $ 10,165,752 $ 9,725,277 $ 9,297,404 $ Contributions as a percentage of covered payroll2 9.95% 250.06% 19.61% 16.98% 16.32% Notes to Schedule:
2 Covered payroll represented above is based on pensionable earnings.

In 2017, the discount rate reduced from 7.65 percent to 7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrativ e expense).

Benefit Changes: There were no changes in benefit terms.

The GTrans Enterprise Fund of the City of Gardena
Required Supplementary Information (Unaudited)
Schedule of Contributions - Pensions
For the Year Ended June 30, 2022
Last Ten Fiscal Years
California Public Employees' Retirement System ("CalPERS") - GTrans 1 Historical information is presented only for measurement periods after GASB 68 implementation in 2013-14. Additional years of information will be displayed as it becomes available.
42 Fiscal Year 2016-17 2015-16 2014-15 2013-14
Actuarially determined contribution 1,329,405 $ 1,163,588 $ 1,014,203 $ 819,390 $ Contributions in relation to the
actuarially determined contribution (1,329,405) (1,163,588) (1,014,203) (819,390) Contribution deficiency (excess) - $ - $ - $ - $ Covered Payroll 8,881,850 $ 8,766,851 $ 9,049,080 $ 8,756,818 $ Contributions as a percentage of covered payroll 14.97% 13.27% 11.21% 9.36% California Public Employees' Retirement System ("CalPERS") - GTrans The GTrans Enterprise Fund of the City of Gardena
Required Supplementary Information (Unaudited)
Schedule of Contributions - Pensions (Continued)
For the Year Ended June 30, 2022
Last Ten Fiscal Years
43 This page intentionally left blank.
44 Measurement period 2020-2021 2019-2020 2018-19 2017-18 2016-171 Total OPEB liability
Service cost 340,578 $ 299,863 $ 291,129 $ 238,960 $ 232,000 $ Interest 691,860 706,976 661,199 629,344 598,000 Changes of benefit terms - - - - - Changes of assumptions - 117,261 - (357,602) - Differences between expected and actual experience - (294,459) - 301,185 - Benefit payments, including refunds (272,358) (276,271) (289,528) (494,701) (462,000) Other - funding rates used by benefits paid - - - - 190,000 Net change in total OPEB liability 760,080 553,370 662,800 317,186 558,000 Total OPEB liability - beginning of year 10,865,356 10,311,986 9,649,186 9,332,000 8,774,000 Total OPEB liability - end of year (a) 11,625,436$ 10,865,356 $ 10,311,986 $ 9,649,186 $ 9,332,000 $ OPEB fiduciary net position
Contributions - employer 272,358 $ 276,271 $ 289,528 $ 4,516,245 $ 462,000 $ Contributions - employee - - - - - Net investment income 1,231,806 152,987 251,747 60,118 - Benefit payments, including refunds (272,358) (276,271) (289,528) (494,701) (462,000) Administrative expense (1,696) (2,115) (874) (505) - Other changes - - - - - Net change in plan fiduciary net position 1,230,110 150,872 250,873 4,081,157 - Plan fiduciary net position - beginning of year 4,482,902 4,332,030 4,081,157 - - Plan fiduciary net position - end of year (b) 5,713,012$ 4,482,902 $ 4,332,030 $ 4,081,157 $ - $ Plan net OPEB liability - end of year (a) - (b) 5,912,424$ 6,382,454 $ 5,979,956 $ 5,568,029 $ 9,332,000 $ Plan fiduciary net position as a percentage 49.14% 41.26% 42.01% 42.30% 0.00% of the total OPEB liability
Covered payroll 8,791,518$ 10,811,701 $ 9,798,690 $ 10,316,000 $ 9,759,000 $ Plan net OPEB liability as
a percentage of covered payroll 67.25% 59.03% 61.03% 53.97% 95.62% Notes to Schedule:

Changes of benefit terms: There were no changes of benefit terms in 2020.

Changes of assumptions: In 2020, the discount rate changed from 6.75 percent to 6.25 percent and the inflation assumption was changed from 2.75 percent per year to 2.50 percent. In 2019, There were no changes in assumptions. In 2018, medical plan at retirement assumption updated, trend rate updated, demographic assumptions were updated to CalPERS 1997-2015 Experience Study, and mortality improvement scale was updated to Scale MP-2018. In 2017, there were no changes. 1 Historical information is presented only for measurement periods after GASB 75 implementation in 2016-17.

The GTrans Enterprise Fund of the City of Gardena
Required Supplementary Information (Unaudited)
Schedule of Changes in Net OPEB Liability and Related Ratios For the Year Ended June 30, 2022
Last Ten Fiscal Years
GTrans Retiree Healthcare Plan
45 Fiscal Year 2021-22 2020-21 2019-20 2018-19 2017-18
Actuarially determined contribution 899,000 $ 848,000 $ 776,000 $ 721,000 $ 785,000 $ Contributions in relation to
the actuarially determined contribution (873,696) (272,358) (276,271) (532,056) (4,516,544) Contribution deficiency (excess) 25,304 $ 575,642 $ 499,729 $ 188,944 $ (3,731,544) $ Covered payroll 10,494,293 $ 8,791,518 $ 10,811,701 $ 9,798,690 $ 10,316,000 $ Contributions as a percentage of
covered payroll 8.33% 3.10% 2.56% 5.43% 43.78%
Notes to Schedule:

Methods and assumptions used to determine contribution rates:

Actuarial cost method Entry Age Normal Cost Method
Amortization method Level percentage of payroll
Remaining amortization period 17 years fixed period for 2021-22 Asset valuation method Investment gains and losses spend over 5-year rolling period Discount rate 6.25%
General inflation 2.50%
Medical trend
Mortality CalPERS 1997-2015 experience study.

Mortality improvement
The GTrans Enterprise Fund of the City of Gardena
Required Supplementary Information (Unaudited)
Schedule of Contributions - Other Postemployment Benefits For the Year Ended June 30, 2022
Last Ten Fiscal Years
The actuarial methods and assumptions used to set the actuarially determined contributions for Fiscal Year 2021-22 were derived from the June 30, 2020 funding valuation report.

Post-retirement mortality projected fully generational with Scale MP-2020.

Non-Medicare - 6.75% for 2021, decreasing to an ultimate rate of 3.75% in 2076.

Medicare - 5.85% for 2021, decreasing to an ultimate rate of 3.75% in 2076.

GTrans Retiree Healthcare Plan
1 Historical information is presented only for measurement periods after GASB 75 implementation in 2016-17. 46 Fiscal Year 2016-20171
Actuarially determined contribution 848,000$
Contributions in relation to
the actuarially determined contribution (462,000)
Contribution deficiency (excess) 386,000$
Covered payroll 9,759,000$
Contributions as a percentage of
covered payroll 4.73%
GTrans Retiree Healthcare Plan
The GTrans Enterprise Fund of the City of Gardena
Required Supplementary Information (Unaudited)
Schedule of Contributions - Other Postemployment Benefits (Continued) For the Year Ended June 30, 2022
Last Ten Fiscal Years
47 This page intentionally left blank.
48 49

SUPPLEMENTARY INFORMATION

50 This page intentionally left blank.

The GTrans Enterprise Fund of the City of Gardena
Supplementary Information
For the Year Ended June 30, 2022

51 Schedule of Farebox Recovery Ratio Calculation

The GTrans is subject to the provisions of TDA Section 99268.3 and must maintain a minimum fare ratio of 20%.

For the year ended June 30, 2022, the GTrans’ Farebox recovery ratios of operating revenues to operating expenses were as follows:

Operating revenues:

Bus operation related passenger fares 1,171,609 $
Local support:

Proposition A - Local Return 1,763,434
Service charges for maintenance of City's vehicles 154,267 M easure R Local Return 2,363,811
Proposition C - MOSIP 110,586
Other revenues 69,261
Total operating revenues 5,632,968 $
Operating expenses 25,833,948 $
Less: Depreciation/amortization expense (4,755,979)
Total operating expenses, excluding depreciation/amortization 21,077,969$ Farebox recovery ratio 27%

The GTrans Enterprise Fund of the City of Gardena
Supplementary Information (Continued)
For the Year Ended June 30, 2022

52 Schedules of Proceeds Received and Expended

Measure R

Unex pended proceeds at beginning of the year 3, 206,268$ Proceeds received/ex pended:

Measure R Allocation 2,363,811
Interest income 14,672
Expense incurred (2,378,483)
Unex pended proceeds at end of the Y ear 3, 206,268$

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 12.B
Section: DEPARTMENTAL

ITEMS - ADMINISTRATIVE

SERVICES
Meeting Date: December 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Approve Microsoft Software Assurance and Licensing Agreement with Dell Technologies for $575,787.12 for the period January 1, 2023 thru December 31, 2025.

COUNCIL ACTION REQUIRED:

Staff Recommendation: Approve Proposal
RECOMMENDATION AND STAFF SUMMARY:

The City's current Microsoft Software Assurance and Licensing Agreement is expiring on December 31, 2022, described below is the requirements and the process used to select the next vendor.

Microsoft software that is not properly licensed and maintained under a software assurance agreement is subject to penalties that could be up to two to three times the cost of the contract. Proper licensing assures that the City's software will be upgraded to the most current version with no additional costs and provides training directly from Microsoft as well as technical assistance. Unlicensed Microsoft products are subject to license revocations, which could result in server failure and total non-functionality of the City's computer systems.

The City completed a full audit of its licenses and worked in conjunction with City Departments to update license counts to match the current needs of the departments. Once the accurate license counts were determined the City "piggybacked" on the County of R iverside Microsoft
Enterprise Master Agreement contract to leverage the buying power of the County and obtain the related discounted rates. T
his follows the Gardena Municipal Code 2.60.140 which
specifies; where purchases are to be made in concert with other governmental agencies, formal bid requirements as set forth in this chapter shall be waived and the purchasing officer shall be authorized to procure materials, supplies, and services in cooperation with other governmental of public entities, commonly referred to as "piggybacking" .

The City reached out to and requested three-year proposal quotes from Licensed Solution Providers as designated by the Riverside County Master Agreement: 8084445

1 .

Dell Technologies- $575,787.12
2 .

SHI International Corp.- $585,682.62
3 .

CDW-G Government, LLC- $610,894.68
4 .

Crayon Software Experts, LLC (Current Vendor)- $756,892.39 5 .

Insight LSP- No response received
6 .

Softchoice- No response received
7 .

Zones LSP-No response received

Staff recommends the that the City Council approve a three-year contract; January 1, 2023- December 31, 2025 with the lowest qualified bidder, Dell Technologies.

Dell manages a
considerable portion of all Microsoft Enterprise Agreements throughout the State of California, leveraging the Riverside County/CCISDA/MISAC Microsoft Enterprise Agreement contract (Dell contract with the County# PSA-0001524), and offers a dedicated, Los Angeles-based Microsoft licensing specialist dedicated to California cities and counties.

FINANCIAL IMPACT/COST:

FUND TYPE
FY 2022-
2023
FY 2023-2024
FY 2024-2025
FY 2025-2026
TOTAL
General Fund
$59,122
$118,244
$118,244
$59,122
$354,732
Technology
Fund
$16,712
$33,423
$33,423
$16,712
$100,270
Gtrans Fund
$17,027
$34,054
$34,054
$17,027
$102,162
Other Funds
(Sewer &
Grants)
$3,104
$6,208
$6,208
$3,103

$18,623

TOTAL
$95,965
$191,929
$191,929
$95,964
$575,787
ATTACHMENTS:

Attachment #1-Dell 3 Year Microsoft Assurance and Licensing Proposal-$575,787-City of Gardena.pdf Attachment #2- Riverside County Master Agreement and Dell Agreement Nov 1 2019-October 31 2021-
.pdf
Attachment #3-Dell Amended Agreement Nov 1, 2019 through October 31, 2024.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
Dell Customer Communication - Confidential#
Customer: City of Gardena
Dell Microsoft Licensing Specialist: Sam Andrews, [email protected] 512.720.4469
Date of Issue: 12/7/2022
Quote expiration: 12/31/2022
Master Agreement: 8084445
Enrollments
EA Renewal
(annual)
3-year Total of
Payments
(TBD) $191,929.04 $575,787.12

Dell Customer Communication - Confidential#
EA Renewal Estimate
Program Part
Number Item Description Monthly Unit
Price
Annual Unit
Price Quantity Extended Price
Annual Pricing
Enterprise Agreement AAD-34704
M365 G3 Unified FUSL GCC Sub Per User (price valid if your EA expires on 1/31/2023 or earlier) $ 30.08 $ 360.96 314 $ 113,341.44 Enterprise Agreement AAL-45735 M365 G5 GCC Sub Per User $ 49.88 $ 598.56 29 $ 17,358.24 Enterprise Agreement
Enterprise Agreement 9EA-00278 Win Server DC Core ALng SA 2L (qty 320 = 640 cores) $ 123.79 320 $ 39,612.80 Enterprise Agreement 7NQ-00292 SQL Server Standard Core ALng SA 2L (qty 24 = 48 cores) $ 634.00 24 $ 15,216.00 Enterprise Agreement $ -
Enterprise Agreement $ -
Enterprise Agreement 3KS-00001
O365 F3 GCC Sub Per User (leaving these as "O365-F3" for the moment; if you'd like me to change these to "M365-F3" (adding EMS and Windows Ent upgrade), just let me know) $ 2.98 $ 35.76 149 $ 5,328.24 Enterprise Agreement P3U-00001 Visio P2 GCC Sub Per User $ 11.17 $ 134.04 8 $ 1,072.32 Enterprise Agreement $ - $ - Enterprise Agreement $ - $ - Annual Price 191,929.04$
3-year Total Price 575,787.12$
City of Gardena
Enterprise Online Services Subscriptions / Enterprise Products Additional Products
Additional Products Subscriptions

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.A
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: December 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

New Fortunetelling Permit - #2 Psychic Reading & Meditation Center 1602 Artesia Boulevard Unit F Gardena, California 90248
COUNCIL ACTION REQUIRED:

Staff Recommendation: It is respectfully recommended that the City Council approve a new fortunetelling permit for Sophie Adams and Tiffany D. Johnson (dba: #2 Psychic Reading & Mediation Center)
RECOMMENDATION AND STAFF SUMMARY:

New Fortunetelling Permit - #2 Psychic Reading & Meditation Center 1602 Artesia Boulevard Unit F Gardena, California 90248
Attached for City Council consideration is an application for a New Fortunetelling Permit from Sophie Adams and Tiffany D. Johnson (dba: #2 Psychic Reading & Meditation Center) located at 1602 Artesia Boulevard Unit F Gardena, California 90248. Departmental inspections and/or investigations, as well as a background check were conducted as required by Gardena Municipal Code Section 5.40.020. Additionally, the applicant has posted a bond in the amount of $10,000.00 (ten thousand dollars) with the City of Gardena.

After reviewing the responses from the applicable departments and the reasons for denial stated in Section 5.04.160, it is recommended that the City Council approve the application.

FINANCIAL IMPACT/COST:

ATTACHMENTS:

Fortunetelling Permit Application.pdf
Los Angles County Fire Department Memo 10.12.2022.pdf
Police Department Memo 11.23.2022.pdf
Planning Division Memo 12.5.2022.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.B
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: December 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

ORDINANCE NO. 1846
, Relating to the Protection of Property During
Demolition, Including a Determination that the Ordinance is Exempt from the Provisions of the California Environmental Quality Act Pursuant to the Common Sense Exemption Set Forth in Guidelines Section 15061(B)(3) and Under CEQA Guidelines Section 15305 (Class 5) for Minor Alterations in Land Use Limitations
COUNCIL ACTION REQUIRED:

Staff Recommendation: Introduce Ordinance 1846.

RECOMMENDATION AND STAFF SUMMARY:

At a previous City Council meeting, a resident expressed their concerns about dust and lack of notification during the demolition of an abandoned large hospital located at 2315 Marine Ave.

Subsequently, staff received a directive to conduct a survey of surrounding cities that have ordinances related to demolition and notification requirements. At the City Council meeting held October 11, 2022, the Council directed staff to draft an ordinance using language similar to that of the City of Hermosa Beach.

Staff has drafted an Ordinance on demolition activities in order to address the larger projects that have the potential to cause concerns to nearby residents.

FINANCIAL IMPACT/COST:

None.

ATTACHMENTS:

Staff Report Ordinance 1846.pdf
Attachment A - Ordinance No. 1846.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
City Council Meeting
Agenda Item No.: 13.B
Department: Community Development
Meeting Date: December 13, 2022
Ordinance No. 1846

AGENDA STAFF REPORT

AGENDA TITLE: ORDINANCE NO. 1846 , AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF GARDENA, RELATING TO THE PROTECTION OF

PROPERTY DURING DEMOLTION, INCLUDING A DETERMINATION

THAT THE ORDINANCE IS EXEMPT FROM THE PROVISIONS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE

COMMON SENSE EXEMPTION SET FORTH IN GUIDELINES SECTION
15061(B)(3) AND UNDER CEQA GUIDELINES SECTION 15305 (CLASS 5) FOR MINOR ALTERATIONS IN LAND USE LIMITATIONS.

RECOMMENDATION:

Staff respectfully recommends that the City Council introduce Ordinance No. 1846 or provide direction to staff to draft a revised Ordinance.

BACKGROUND:

At a previous City Council meeting, a resident expressed their concerns about dust and lack of notification during the demolition of an abandoned large hospital located at 2315 Marine Ave.

Subsequently, staff received a directive to conduct a survey of surrounding cities that have ordinances related to demolition and notification requirements. In a memorandum dated October 6, 2022, staff identified three cities that have notification requirements . At the City Council meeting held October 11, 2022, the Council directed staff to draft an ordinance using language similar to that of the City of Hermosa Beach.

DISCUSSION:

In reviewing Hermosa Beach’ s or dinance, which addresses all types of exterior construction activity, including demolition, staff focused the attached Ordinance on demolition activi ties in order to address th e larger projects that have the potential to caus e concerns to nearby residents. In summary, Ordinance No. 1846 would provide the following:

• Building Offi cial will have the authori ty to require protective screening to assi st in preventing dust from leaving the site;
• Owners and occupants within 100 feet of the site would be made aware of such activity at least 7 days prior to the demolition activity taking place; • Signage containing certain contact information would be required at the site; and • Provide the Building Official the ability to stop work should the notification requirement s not be met or if damage has or is occurring by the demolition work.

Page 2 of 2 ends

LEGAL REVIEW:

The City Attorney’s Office has prepared Ordinance No. 1846.

ENVIRONMENTAL ASSESSMENT
This Ordinance is categorically exempt from CEQA pursuant to the commonsense exemption set forth in Guidelines section 15061(b)(3) that CEQA only applies to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity will have a significant effect, the activity is not subject to CEQA. This Ordinance enacts procedure and does not cha nge the density, intensity, or allowed uses or would have other effects on the environment. For these same reasons, the Ordinance also qualifies for an exemption under CEQA Guidelines section 15305 (Class 5) for minor alterations in land use limitations in areas with an average slope of less than 20%. No part of Gardena has a slope in excess of 20%. The changes are not for any specific project and therefore will not impact any environmental resource of hazardous or critical concern, will not create cumulati ve impacts, or impacts to scenic highways, hazardous waste sites, or historical resources. Because this is an ordinance pertaining to citywide requirements there will not be any significant effects on the environment due to unusual circumstances. As such, staff is directed to file a Notice of Exemption pursuant to CEQA Guidelines sections 15061(b)(3) and 15305.

CONCLUSION:

Staff respectfully recommends that the City Council introduce Ordinance No. 1846 or provide direction to staff to draft a revised Ordinance.

Submitted by: ___________________________________ Date: 12/13/2022

ATTACHMENTS

Attachment A –Ordinance No. 1846
Greg S. Tsujiuchi
ORDINANCE NO.1846

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, ADDING CHAPTER 15.52 TO TITLE 15, BUILDINGS AND

CONSTRUCTION, OF THE GARDENA MUNICIPAL CODE RELATING

TO THE PROTECTION OF PROPERTY DURING DEMOLITION

WHEREAS, the City Council of the City of Gardena desires to provide protection of persons and property during demolition of nearby structures;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 15.52 is hereby added to the Gardena Municipal Code to read as follows:

15.52 PROTECTION OF PERSONS AND PROPERTY DURING DEMOLITION

15.52.010 Purpose.

The purpose of this chapter is to provide protection for persons and property during demolition activity of nearby structures.

15.52.020 Screening.

At the outset of demolition activities or at the otherwise earliest time it is feasible in the opinion of the Building Oﬃcial, a protective screen shall be erected to the satisfaction of the Building Oﬃcial between the demolition site and immediately adjoining properties, unless the Building Oﬃcial determines that erection of a screen is not feasibl e or would serve no practical purpose.

15.52.030 Notice.

A. Prior to the commencement of any demolition of structures that requires a building permit, including the demolition of exterior walls or roof s, excavation that requires shoring or sandblasting, the owner or contractor shall provide notice by mail or personal delivery to the property owners and occupants located within one hundred (100) feet of the demolition site that demolition will occur. Said notice shall be provided in person to the aﬀected property owners and occupants at least seven (7 ) days prior to any demolition taking place. If notice is mailed, it shall be sent no later than ten (10) days prior to any demolition taking place. The notice shall contain the following information:

1. Address where demolition will occur;

2. Date(s) and approximate times demolition will occur; Ordinance No. 1846

2 3. Name, address, telephone number and state
license number of contractor;

4. Name, address and telephone number of the owner of the property on which demolition is to occur.

B. In addition to providing mailed notice, the same information shall be posted on the job site in a location that is accessible to the public on a sign that is a minimum of 2 feet by 3 feet with lettering at least 1-inch in size.

C. If the owner or the contractor fails to provide the required notice, the Building Oﬃcial shall have the authority to stop the work until the notice is provided, in addition to any other remedies provided by this Code.

D. For purposes of this Chapter, demolition activity does not include reroofing of structures.

15.52.040 Damage to Property.

A. The Building Oﬃcial shall have the authority to stop the demolition work at any time that in his or her opinion said demolition work has caused, is causing, or is about to cause, damage to adjacent or nearby properties. Said work shall not recommence until the time that the necessary corrections have been made so that no further damage will occur to the aﬀected property , unless the Building Oﬃcial determines that the damage will be corrected as provided in subs ection B below, and written approval is obtained from the Building Oﬃcial that said work can recommence.

B. If demolition work causes damage to adjacent or nearby properties, the Building Division shall withhold inspections of said work and stop work until (i) the damage to the aﬀected property is repaired or repair work has commenced and is continued to be performed with du e diligence until completed, or (ii) the aﬀected property owner is
compensated the cost of repair, or (iii) a documented agreement satisfactory to the Building Oﬃcial is executed to assure repair of the damage at a more appropriate phase of the demolition. If there is a bona ﬁde dispute between the owner of the damaged property and the party alleged to have caused said damage as to the cause of the damage, the method or scope of repair or the cost of the repair, work may resume and inspections provided only if the party performing the demolition work posts a bond with the
City in an amount that the Building Oﬃcial reasonably determines is suﬃcient to pay the cost of repair. Where there exists a bona ﬁde dispute, the issues in contention are a civil matter beyond the authority of the City to resolve.

C. The bond called for in subsection B above shall be approved as to form by the City Ordinance No. 1846

3 Attorney and held by the City until the dispute is resolved between the parties or by a court of competent jurisdiction. In the event that the aggrieved party does not submit proof to the City that an action has in fact been ﬁled within one (1) year after the issuance of
the Certiﬁcate of Occupancy, then the City shall, unless good cause is shown, release the bond. The City shall provide thirty (30) days’ written notice to the aggrieved party of its intent to release the bond.

SECTION 2. CEQA. This Ordinance is categorically exempt from CEQA pursuant to the common sense exemption set forth in Guidelines section 15061(b)(3) that CEQA only applies to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity will have a significant effect, the activity is not subject to CEQA. This Ordinance enacts procedure and does not change the density, intensity, or allowed uses or would have other effects on the environment. For these same reasons, the Ordinance also qualifies for an exemption under CEQA Guidelines section 15305 (Class 5) for minor alterations in land use limitations in areas with an average slope of less than 20%. No part of Gardena has a slope in excess of 20%. The changes are not for any specific project and therefore will not impact any environmental resource of hazardous or critical concern, will not create cumulative impacts, or impacts to scenic highways, hazardous waste sites, or historical resources. Because this is an ordinance pertaining to citywide requirements there will not be any significant effects on the environment due to unusual circumstances. As such, staff is directed to file a Notice of Exemption pursuant to CEQA Guidelines sections 15061(b)(3) and 15305.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 4. This Ordinance shall take effect on the thirty-first day after passage.

SECTION 5. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time Ordinance No. 1846

4 the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.

PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2022.

_____________________________
TASHA CERDA, Mayor

ATTEST:

MINA SEMENZA, City Clerk

APPROVED AS TO FORM:

LISA E. KRANITZ, Assistant City Attorney

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 15.A
Section: DEPARTMENTAL

ITEMS - POLICE
Meeting Date: December 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Notification of Eligibility for Funding in the amount of $123,276.00 Under the Tobacco Grant Program Award for the 2022 - 2023 Grant Cycle COUNCIL ACTION REQUIRED:

Staff Recommendation: Accept Grant Award and Authorize Expenditures RECOMMENDATION AND STAFF SUMMARY:

Staff respectfully recommends that the City Council accept the $123,276.00 grant award from the U.S. Department of Justice, Division of Operations, for expenditures to be funded under the
Tobacco Grant Program for the 2022 – 2023 grant cycle.

Utilizing these funds, it is the intent of the Gardena Police Department to conduct minor decoy operations to ensure licensed retailers are not selling tobacco products to youth. Additionally, the
department will conduct follow-up retail checks to ensure sustainability of the enforcement.

A portion of the funding will also be used towards conducting local tobacco retail license inspections.

These inspections will increase compliance among tobacco retailers as well as ensure they are
adequately educated regarding tobacco related regulations.

The Police Department seeks to reach out to the community, through neighborhood watch
meetings and community education workshops, to provide education on the dangers of tobacco use amongst our youth. This forum
will provide a more collaborative environment
where law enforcement can work with the community
to address the issue of tobacco use
among school aged youth.

FINANCIAL IMPACT/COST:

Tobacco Grant Program Award Amount: $123,276.00
ATTACHMENTS:

APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 15.B
Section: DEPARTMENTAL

ITEMS - POLICE
Meeting Date: December 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Authorization to Award a Two-Year Video Policing System Camera Maintenance and Repair Contract to DataGear, Inc. in the Amount Not to Exceed $133,902.40.

COUNCIL ACTION REQUIRED:

Staff Recommendation:

Authorize and execute a two-year contract, with optional one- year extension, for
the Video Policing System Camera Maintenance and Repair to DataGear, Inc.

It is further recommended that Council authorize the Mayor and City Clerk to
execute the contract which has been approved as to form by the City Attorney.

RECOMMENDATION AND STAFF SUMMARY:

It is respectfully recommended that the City Council approve a two-year, with optional one- year extension, Video Policing System Camera Maintenance Contract to DataGear, Inc.

After an extensive Request for Information (RFI) and Request for Proposals (RFP) process, the City contracted with Federal Network Services, Inc., DBA Leverage Information Systems (Leverage) in May 2010 to design, install, and maintain the Video Policing System. Leverage then went on to modernize and upgrade the video system at GTrans in 2012. As a result, the Police Department and GTrans share a unified camera system that ensures greater safety and accountability for our staff and community. Since the installations by Leverage, the City has had two different contractors who were selected through an RFP process and provided camera system and maintenance: Convergint Technologies (from 2015-2019) and DataGear, Inc. (2019-present). The last contract with DataGear, Inc. has now expired.

Since camera and system maintenance is so critical to the operation of the Video Policing System, Staff decided it would be in the best interest of the City to obtain proposals to ensure that the City is contracting with the lowest responsible bidder. A Request for Proposals was released in September, 2022. Staff published a notice to bidders in the Gardena Valley News and published the RFP on PlanetBids. Only one company attended the mandatory pre-bid conference and submitted a proposal: DataGear, Inc.

Based on the evaluation of the proposal submitted by DataGear, Inc. and the fact that Staff has been satisfied with the service provided by DataGear, Inc., it is recommended that the contract be awarded to DataGear, Inc.

DataGear, Inc. has been in business for over 20 years and has worked with numerous municipalities and government agencies, such as the City of Anaheim, Port of Long Beach Security Division, Port of Savannah, and Port of Oakland. DataGear, Inc. is certified with many of the components the City's system utilizes, such as being a Siklu Certified Partner, Firetide Certified Partner, Motorola Certified Partner, and more. The team that DataGear, Inc. will deploy to work with Gardena's system is experienced and certified to meet the needs of the contract. DataGear, Inc. has also committed to meet the response times that the City has requested for calls for service.

FINANCIAL IMPACT/COST:
$97,680 of the $133,902.40 is for preventative maintenance (camera cleaning and system assessments).

The Police Department and GTrans share the costs of this agreement for camera cleaning and system
assessments. This breaks down to $88,800 for camera
cleaning, system assessments, and camera location
assessments, with then an additional
10% allocated to any calls for service, should they be necessary, for any system or camera repairs/replacements. Should those calls for service be necessary, the Department that called for service is responsible for the charges.

The remaining $36,222.40 is to replace and provide redundancy for the existing server in the jail. The current
jail video system is antiquated and in need of replacement to ensure continued monitoring, retention, and
oversight of jail operations.

ATTACHMENTS:

Camera Maintenance Contract 2022
DataGear Proposal & City of Gardena RFP
Side Letter Agreements.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

DATAGEAR | INDUSTRIAL DATA SOLUTIONS
DataGear Inc | 500 West Dyer Road, Santa Ana CA 92707 | T: 714.556.5055 | F: 714.556.5077 DataGear, Inc.’s Cost Proposal & Narrative Response to:

CITY OF GARDENA
REQUEST FOR PROPOSALS NUMBER 2022-02
PROFESSIONAL SERVICES FOR VIDEO POLICING SYSTEM
Prepared by:

Lee 0. Coffey
President
DataGear, Inc.
714-556-5055 x113
[email protected]

DATAGEAR | INDUSTRIAL DATA SOLUTIONS

DataGear Inc | 500 West Dyer Road, Santa Ana CA 92707 | T: 714.556.5055 | F: 714.556.5077

CITY OF GARDENA
REQUEST FOR PROPOSALS NUMBER: 2022-02

TABLE OF CONTENTS

Company Certification and Personnel Verification .................................................................. 1 Cover Letter ............................................................................................................. 1 General Company Information ................................................................................... 2 Personnel Verification ................................................................................................ 2 S u m m a r y ................................................................................................... 3 L e e M . Coffey ............................................................................................. 4 I a n P e d r o s a ................................................................................................ 6 E r n e s t O n tiveros ......................................................................................... 8

Bidder Minimum Qualifications ........................................................................................... 10

Attachment A: Scope of Work ............................................................................................ 12

Attachment B: Contractor’s Pricing ..................................................................................... 13

Attachment C: Forms to be Submitted with RFP Response ................................................... 14 Contractor’s Proposed Pricing .................................................................................. 14 Company Profile & References ................................................................................. 15 Company Profile - DataGear Profile ................................................................ 15 C-7 & C10 License Verification ....................................................................... 17 References ................................................................................................... 18

Original City of Gardena RFP 2022-02 Document ................................................................. 20

We are more than a provider. We are a total solution.

500 West Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556‐5055

Page 1 ends

City of Gardena RFP 2202-02
Company Information and Personnel Verification

October 25, 2022

City of Gardena
Police Department
1718 West 162nd Street
Gardena, California 90247-3732

Cover Letter

To Whom it May Concern:

I, Lee M. Coffey, in my capacity as President of DataGear, Inc., do hereby certify that I am duly authorized to contract on behalf of DataGear, Inc. I am the person submitting this DataGear proposal to The City of Gardena via Planet Bids in response to RFP 2022- 02, and I take full responsibility for the absolute validity of its content.

I also certify that DataGear, Inc. is a corporation in good standing with the California Secretary of State.

I further certify that DataGear, Inc., along with the DataGear team for this project holds all potentially required Contractor’s Licenses for performance contracting activities in the State of California. We also hold California Department of Industrial Relations (DIR) license 1000023361. DataGear meets or exceeds every requirement of this RFP.

My contact information is as follows:

Lee M. Coffey
President
DataGear, Inc. Email: [email protected]
500 West Dyer Road Telephone: 714-556-5055 Ext 113
Santa Ana, California 92707 Fax: 714-556-5077

Thank you very much for allowing DataGear to participate in this procurement. We truly look forward to receiving the award of this contract.

Sincerely,

Lee M. Coffey
President
DataGear, Inc.

RFP 2022-02 Section 1 (Continued)
Lee M.

Coffey
Digitally signed by Lee M. Coffey
DN: cn=Lee M. Coffey, o=DataGear,
Inc., ou=President,
[email protected], c=US
Date: 2022.10.18 08:32:33 -07'00'
DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 2 ends

Company Information and Personnel Verification

General Company Information

DataGear was founded in 1998, over two highly successful decades ago. The heart of our business model, from which we have never deviated was, and remains, to design, build, implement, test and maintain extremely sophisticated, wireless, surveillance, security and communication systems, to include the physical installation of all required hardware and the implementation of all required applications.

When an access point is to be affixed to a wall, we affix it. When an access point is to be mounted on a lamppost, we bring in the DataGear owned bucket truck and mount it.

When a tower must be built to accommodate an access point, we build it and mount the access point atop it. DataGear Inc. epitomizes the definition of a full-service Industrial Data Solutions company.

As the incumbent company providing these services, Gardena RFP 2022-02 is an absolutely perfect fit for DataGear. It requires the exact training, skills and experience that define us. We have a background and a successful track record with each of the hardware and software vendors required in the performance of RFP 2022-02.

Our expertise, experience, resources, and deep understanding of our customers’ needs, coupled with our partnerships with manufacturers, allow us to consistently deliver solutions that exceed the requirements, wants, needs and expectations of our customers. With our people, processes, and technology, DataGear is expert in making wireless, surveillance and security deployments go smoothly and flawlessly.

Every DataGear associate is dedicated and passionate about customer service and providing our customers with the best, most cost-effective solutions. We pride ourselves in our ability to be responsive, provide great service and establish ongoing long-term relationships with our customers. Their needs are invariably met.

DataGear’s headquarters is located in Santa Ana, California, an easy drive to all equipment locations in Gardena. Our eastern office is located in Hebron, Kentucky and we maintain satellite locations in Phoenix, Arizona and Aiea, Hawaii. Our primary areas of operation include the entire United States, Canada and Mexico.

Personnel Verification
Listed here with their background summaries, followed by their full resumes are the extremely highly qualified, dedicated and passionate DataGear personnel who will be onsite for the installation and implementation of all phases of the Consulting Services Agreement that is executed by The City of Gardena and DataGear, Inc. as the Consultant in the event that RFP 2022-02 is awarded to DataGear. The same team is responsible for our successes with similar large-scale installations for the City of Gardena, the City of Anaheim, San Diego County, the Port of Long Beach, and many, many more locations.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 3 ends

Company Certification and Personnel Verification

Personnel Verification Summary

Lee M. Coffey – President – Project Manager for The City of Gardena Since founding DataGear, Inc. in 1998, Lee has been the principal driving force behind the unprecedented success of the organization, molding it into the surveillance, security and communication industry powerhouse that it is today. With a total of 36 years’ experience in engineering, Lee began by working on chip sets in computer systems. He then moved on to a successful stint in field engineering, which then led to the founding of DataGear. Lee personally holds C-10/C-7 Contractors Licenses along with a TWIC Credential for select high security location access.

Ian Pedrosa – Senior Field Engineer – Engineer for The City of Gardena After obtaining a bachelor’s degree from California State University Los Angeles, Ian went on to begin an 18-year tenure as a Field Engineer and then Senior Field Engineer with Zebra Technologies, the premier manufacturer of a vast array of portable devices communicating wirelessly, including computers, scanners and various security centric devices.

Ian then brought his remarkable talents to DataGear where he has focused on surveillance cameras and video management systems. He is manufacturer certified on a rainbow of Gardena pertinent devices and applications, including Axis cameras and Siklu EtherHaul, along with a long-term professional working knowledge of Motorola ReaperHD, Flir Latitude and Vigilant ALPR.

Ernest Ontiveros – Senior Field Engineer – Engineer for The City of Gardena Ernest is the consummate Senior Engineer who specializes in the installation of large- scale camera, surveillance, security and communication. In his 8th year with DataGear, Ernest came to us with a history of operations management for Electrolurgy, Inc.

Pertinent certifications held by Ernest include Milestone Video Management Software (VMS) integration, Millimeter Wave Wireless, and Zebra equipment, along with the MEWP Scissors/Boom Lift required to operate the DataGear owned bucket truck.

DataGear
Project Manager
Lee M. Coffey
Sr. Field Engineer
Ian Pedrosa
Sr. Field Engineer
Ernest Ontiveros
DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 4 ends

Company Certification and Personnel Verification

Personnel Verification – Lee M. Coffey

Lee M. Coffey – Project Manager for the City of Gardena [email protected] 714-556-5055 x113

Since founding DataGear, Inc. in 1998, Lee Coffey has been the principal driving force behind the unprecedented success of the DataGear organization, molding it into the surveillance, security, and communication industry powerhouse that it is today. With a total of 37 years’ experience in engineering, Lee began by working on chip sets in computer systems. He then moved on to a successful stint in field engineering, which then led to the founding of DataGear. Lee personally holds a C-7 & C-10 Contractors License along with a TWIC Credential for select high security location access.

EXPERIENCE
Long Range Camera
Up-Grade, Port of Long
Beach. 2021-2022.

Principal / Project
Manager
Project Overview:

Replace Six Ultra
Long‐Range Camera
Units that are obsolete and inoperable with new, state‐of‐the‐art military grade camera/sensor units. Install and integrate into existing Avigilon VMS System.

Responsibilities: Full in‐depth management of project from proposal to final close out documents. Weekly meetings with manufacturer to maintain schedule and to ensure highest technical standards of the equipment and integration process.

Prepare for long term service and maintenance of the entire Long Range Camera System.

Long Beach Airport FID
System, Long Beach
Ca. 2018-2023.

Principal / Project
Manager.

Project Overview:

Provide and integrate
Airport Flight
Information System. Ongoing on‐site maintenance of entire system and network.

Responsibilities: Full in‐depth management of the project from proposal to daily maintenance issues. Monthly meeting with Airport personnel regarding network and system maintenance.

Meet with Airport Officials concerning Airport Expansion Project and FIDS integration and support.

Education:

Lee Coffey¶s post KigK scKool
edXcation consists of a Yast
array of manXfactXrer specific
tecKnical training coXrses.

Registrations/Certifications:
7:IC
C$ Contractor C7 C10

Office Location:
6anta $na, California

Total Years of Experience:
)orty-one
41 Years with Firm:
7Zenty-foXr
4

Value Provided
x 6 y e a r s Z o r N i n g Z i t K
tKe Port of Long
%eacK
x 3 7 y e a r s ¶ e x p e r i e n c e
installing, serYicing,
and maintaining
Zireless and
netZorNing eTXipment
x 4 y e a r s o f p r o M e c t
management
experience in tKe field
of installation,
maintenance, sXpport,
and repair of complex
netZorNs, CC79
5emote $ccess.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 5 ends

Company Certification and Personnel Verification

Personnel Verification – Lee M. Coffey (Continued)

Port of Savannah, New Wireless, GPA, Savannah,
Georgia 2020 Principal / Installer
Project Overview: Design and install a new
wireless network to support port expansion.

During early days of National COVID crisis GPA
reached out to DataGear to get new port
expansion up and running during this crisis.

Responsibilities: Moving a team from California
to Savannah, Georgia with all equipment and tools needed to complete the project on time in the beginning days of a national emergency.

Appalachian Regional Port, Georgia Port Authority,
Savannah, Georgia. 2018-2019. Principal/Project
Manager
Project Overview: Design and build complete
wireless network to support the Port of
Georgia’s new rail yard projects
Responsibilities: Initial site evaluation.

Preconstruction overview and planning. Project
management and documentation. Project completed with great acclaim from the Governor of Georgia.

El Garces Security Camera Project, Amtrak, Needles,
Ca. 2018. Principal/Manager.

Project Overview: Design and build a camera
system to protect a national historic building.

Responsibilities: Design and manage entire
project. From proposal to close out documents.

On‐site interface to City and museum personnel.

Wireless Network Enhancement, Port of Long
Beach, Long Beach, Ca. 2016-2017.

Principal/Manager.

Project Overview: Complete update of POLB
wireless infrastructure. Review existing
structure. Design, replace, enhance and Secure
POLB wireless infrastructure.

Responsibilities: Provide a high level of
management of the project working with both DataGear Inc PM and the POLB PM. Oversaw budget and time management of the entire project.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 6 ends

Company Certification and Personnel Verification

Personnel Verification Ian Pedrosa

Ian Pedrosa – Senior Field Engineer and Installer for the City of Gardena

After obtaining a bachelor’s degree from California State University Los Angeles, Ian Pedrosa went on to begin an 18-year tenure as a Field Engineer and then Senior Field Engineer with Motorola/Zebra Technologies, the premier manufacturer of a vast array of portable devices communicating wirelessly, including computers, scanners and various security centric devices.

Ian then brought his remarkable talents to DataGear where he has focused on surveillance cameras and video management systems. He is manufacturer certified on a vast array of Port of Long Beach pertinent devices and applications, including Axis cameras and Siklu EtherHaul, along with a long-term professional working knowledge of Motorola, Flir and Vigilant products and applications.

EXPERIENCE
Long Range Camera
Upgrade, Port of
Long Beach. 2021-
2022. Field Service
Engineer.

Project Overview:

Replace six Ultra‐Long
Range Camera Units
that are obsolete and
inoperable with new,
state‐of‐the‐art military‐grade camera/sensor units. Install and integrate into existing Avigilon VMS system.

Responsibilities: Test and integrate the Flir Camera system for use with Avigilon VMS system. Provide technical support and liaison between Teledyne Flir support and Port of Long Beach during parameter and configuration adjustments and firmware updates.

Long Beach Airport
FIDS, Long Beach,
CA. 2018-2023. Field
Service Engineer.

Project Overview:

Provide, install and
integrate into Long
Beach Airport a Flight
Information Display
System (FIDS) and
Baggage Information
Display System (BIDS).

Provide ongoing on‐site
maintenance of the entire FIDS/BIDS equipment and FIDS/BIDS network.

Responsibilities: Configure and integrate FIDS/BIDS equipment into Long Beach Airport’s existing network.

Provide on‐call site support and equipment maintenance.

Education:
%acKelor of 6cience Degree,
California 6tate 8niYersity ± Los
$ngeles, 1

Registrations/Certifications:
7:IC
Cameras 9ideo 0anagement
x $ x i s
x C e r a g o n
x + . 9 i s i o n
x I n d i g o 9 i s i o n
x L i l i n
x 0 i l e s t o n e
x 5 X N X s
Cert :ireless 1etZorN $dmin:
x C i s c o
x ( x t r e m e 1 e t Z o r N s
x 5 X c N X s
x 6 i N l X
x C e r a g o n
x 0 o t o r o l a = e b r a

Office Location:
6anta $na, California

Total Years of Experience:
7Zenty-foXr
4

Years with Firm:
6ix
6 Value Provided
x 5 y e a r s Z o r N i n g Z i t K
tKe Port of Long
%eacK
x 4 y e a r s o f K a n d s - o n
experience installing,
serYicing, and
maintaining Zireless
and netZorNing
eTXipment
x 6 y e a r s o f i n s t a l l a t i o n ,
maintenance, sXpport,
and repair of CC79
5emote $ccess
experience
t

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 7 ends

Company Certification and Personnel Verification

Personnel Verification – Ian Pedrosa (Continued)

Port of Savannah – New Wireless, Georgia Ports
Authority, Savannah, GA. 2020. Field Service
Engineer
Project Overview: Design and install a new
wireless network to support port expansion.

Responsibilities: Design wireless network
system. Pre‐configure, and bench test all access
points and network equipment. Pack and ship to site ready for the installers. Provide on‐ call phone support during install and acceptance.

Appalachian Regional Port – New Wireless, Georgia
Ports Authority, Crandall, GA 2018-2019. Field
Service Engineer.

Project Overview: Design, build and install a
complete wireless network in support of
Georgia Ports Authority’s new railyard project.

Responsibilities: Design the wireless network
system based on Georgia Port Authority’s
specifications and needs. Pre‐Configure and test
all access points and network switches before
install. Assist the installation of the wireless equipment. Test and conduct a wireless coverage survey of the system.

El Garces Security Camera Project, Amtrak Station,
Needles, CA. 2018. Field Service Engineer.

Project Overview: Design and install a camera
system to protect the national historic El Garces
building.

Responsibilities: Design, configure, install and
test the camera system and video managing
system (VMS). Provide training and onsite technical support.

Wireless Network Enhancement, Port of Long
Beach (POLB), Long Beach, CA 2016-2017. Field
Service Engineer
Project Overview: Complete update of POLB’s
wireless link infrastructure. Design, replace,
enhance, and secure POLB’s wireless links
infrastructures.

Responsibilities: Design, configure, test, and install Siklu and Ubiquiti wireless links.

Provide on‐call and onsite tech support.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 8 ends

Company Certification and Personnel Verification

Personnel Verification - Ernest Ontiveros

Ernest Ontiveros - Senior Installation Engineer for the City of Gardena

Ernest Ontiveros is the consummate senior field service engineer. Ernest specializes in the on-call, field support of large-scale camera, surveillance, security, and communications installations. Pertinent certifications held by Ernest include video management systems (VMS), Siklu Millimeter Wave Wireless, Axis cameras, along with Motorola/Zebra wireless and mobile technologies. Ernest also holds MEWP Scissors/Boom Lift certification as the operator of DataGear’s own boom lift truck.

EXPERIENCE
Long Range Camera
Upgrade, Port of Long
Beach, Long Beach, CA.
2021-2022. Field
Technician/Installer.

Project Overview:

Replacement of six
long range camera
systems at different
locations at the POLB
Responsibilities: Removal of existing long range camera equipment, perform an asset retirement for decommission. Tag each piece of equipment for reference, stage, prep and inventory for each site.

Long Beach Airport
FIDS System, Long
Beach, CA. 2018 - 2023.

Field
Technician/Installer.

Project Overview:

Provide and integrate
airport flight, gate and
baggage information
system. Ongoing on‐
site maintenance of
the entire system and
network
Responsibilities: Maintenance of any equipment that drops off the network, make sure that every location has the proper and correct information.

Education:
(rnest¶s post KigK scKool
edXcation consists of a Yast
array of manXfactXrer specific
tecKnical training coXrses.

Registrations/Certifications:
7:IC
$xis Camera
0ilestone 9ideo 0gt 6ystem
6iNlX 0illimeter :aYe :ireless
0otorola=ebra :ireless
0otorola=ebra 0obile
0(:P 6cissors%oom Lift

Office Location:
6anta $na, California
Total Years of Experience:
6ixteen
16 Years with Firm:
6ix

Value Provided
x 5 y e a r s Z o r N i n g Z i t K
tKe Port of Long
%eacK
x ( x t e n s i Y e b a c N g r o X n d
installing, serYicing,
and maintaining
Zireless and
netZorNing eTXipment
x y e a r s o f i n s t a l l a t i o n ,
maintenance, sXpport
and repair of CC79
5emote $ccess
experience

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 9 ends

Company Certification and Personnel Verification

Personnel Verification – Ernest Ontiveros (Continued)

Remove and Replace Security Cameras, Anaheim
Water District, Anaheim, CA. 2018. Field
Technician/Installer
Project Overview: To remove and replace
outdated security cameras with new cameras at
each water tank and water pump stations.

Responsibilities: Prep, stage and removal of
old cameras and install new cameras at all
storage tanks and pump stations. Provide a
schedule for the entire project.

El Garces Security Camera Project, Amtrak,
Needles, CA. 2018. Field Technician/Installer.

Project Overview: Design and build a camera
system to protect a national historic building.

Responsibilities: Prep, stage, and inventory
equipment for installation. Install conduit,
cameras and an NVR system.

Wireless Network Enhancement, Port of Long
Beach, Long Beach, CA. 2016-2017. Field
Technician/Installer.

Project Overview: Complete upgrade of the
wireless infrastructure throughout the POLB
area.

Responsibilities: Prep, stage and inventory all
equipment for the project, remove old
equipment, perform an asset decommission, green tag old equipment for reference, and complete wireless infrastructure installation.

SSA Marine Wireless, Motorola Systems Inc.,
Oakland, Ca. 2015-2016. Field Technician/Installer
Project Overview: Complete installation
replacement of a Cisco system that failed.

Responsibilities: Prep, stage and inventory of
all equipment needed for the completion of the
installation. While onsite, I assisted with the
installation of a Motorola system.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 10 ends

Bidder Minimum Qualifications

DataGear, Inc. meets or exceeds all Bidder Minimum Qualifications listed on pages 3 and 4 of RFP 2022-02 as follows:

DataGear has experience and certification in all phases of Indigo Video Surveillance Systems in an enterprise environment for at least three (3) consecutive years as of the release date of this RFP. Our experience servicing the City of Gardena Video Policing System over the past three years alone meets this qualification.

DataGear is capable of and willing to respond onsite within two (2) hours in the event an emergency service call is placed.

DataGear’s references exceed the minimum qualification of servicing 40+ camera systems and systems with centralized viewing within an Emergency Operation Center.

DataGear exceeds the requirement of a minimum of five (5) years’ experience in the installation of integrated video surveillance systems and a minimum of three (3) years’ experience in provided this type of service for law enforcement agencies.

DataGear meets or exceeds the qualification of having experience in the following:

9 Installing, maintaining, and repairing radio equipment from companies such as, but not limited to, Firetide, Motorola, and BridgeWave.
9 Deploying License-Free and Licensed wireless wide area networks 9 Working with public safety band wireless equipment operating at 4.9 Ghz 9 Long range wireless point-to-point deployments over 3 miles 9 Point to point wireless infrastructure design and concepts 9 Video integration into an enterprise network
9 Enterprise network architecture and design concepts
9 Enterprise video network architecture and design
9 Interior and exterior camera selection, placement and configuration in secure environments
9 Relevant broadcast protocols such as multicast
DataGear is holds manufacturers’ certifications in the following aspects of the system:

9 Network infrastructure
9 Wired and wireless portions of the solution
9 Surveillance system hardware and software
DataGear holds manufacturers’ certifications for all items covered under the scope of the contract resulting for the award of this RFP.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 11 ends

Bidder Minimum Qualifications (Continued)

DataGear holds both a Class C-7, Low Voltage Contractor License and a Class C-10 Electrician License granted by the California State Contractors License Board.

DataGear will assign the same Indigo Vision engineers to the City of Gardena who have been performing these services at the City for the past three (3) years.

DataGear is able to respond to calls for service within the prescribed response times as shown in Attachment A to this RFP.

DataGear’s officers and employees will undoubtedly pass a criminal background check.

DataGear’s License Verification is included with DataGear’s Company Profile in our response to Attachment C herein. DataGear will not employ any subcontractors in the execution of this contract.

DataGear shall maintain all valid licenses needed in the execution of this contract for the duration of the contract.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 12 ends

RFP Attachment A: Scope of Work

DataGear thoroughly understands each and every facet of the Scope of Work for the performance of the contract resulting from the award of this RFP as outlined in Attachment A to the RFP on pages 7 through 11. The scope of work includes:

1. Repair Services

2. Replacement Services

3. Installation Services

4. Preventive Maintenance

5. Training

6. Design

7. Warranty

8. Response Requirements

9. Documentation Requirements

10. Contractor’s Responsibilities

11. Tools

12. Damages

13. Unsatisfactory or Non-Performed Work
DataGear’s 24-year history and extensive body of work, including maintaining the City of Gardena Video Policing System for the past 3 years, speaks for itself in demonstrating our unique qualifications in the area of video surveillance solutions, from concept to sign-off and beyond. DataGear is well staffed with highly trained personnel.

We are very much in command of our current workload with plenty of available bandwidth to continue our support of the City of Gardena Police Department and accomplish the tasks involved on a priority basis. Our references will confirm the fact that we invariably complete projects on time, to the total satisfaction of the client, at or below budget.

DataGear’s own bucket truck stands ready to be dispatched for the support of the video policing system for the City of Gardena Police Department.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 13 ends

Attachment B: Contractor’s Pricing

DataGear thoroughly understands each and every clause, requirement and procedure involved in compensation, Fees and Charges, and Invoicing under contract resulting from the award of this RFP as outlined in Attachment B to the RFP on pages 13 and 14.

DataGear’s pricing for this RFP appears on the next page of this submission document in response to Attachment C to this RFP.

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 14 ends

Attachment C: Forms to be Submitted with RFP Response

Lee M.

Coffey
Digitally signed by Lee M.

Coffey
DN: cn=Lee M. Coffey,
o=DataGear, Inc., ou=President,
[email protected],
c=US
Date: 2022.10.18 08:34:17
-07'00'
DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 15 ends

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02

500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 16 ends

Attachment C: Company Profile & References (Continued)

DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02 500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 17 ends

Attachment C: Company Profile & References (Continued)
DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02 500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 18 ends

Attachment C: Company Profile & References (Continued)
DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02 500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 19 ends

Attachment C: Company Profile & References (Continued)
DATAGEAR | INDUSTRIAL DATA SOLUTIONS | CITY OF GARDENA RFP 2022‐02 500 W. Dyer Road, Santa Ana CA 92707 | www.DataGear.com | (714)556–5055

Page 20 ends

The Original City of Gardena RFP 2022-02 Document
The following thirty (30) pages incorporate the entire original RFP 2022-02 document, included here for reference and convenience while reviewing DataGear’s submission in response to the RFP.

#2022-02

REQUEST FOR PROPOSALS FOR

PROFESSIONAL SERVICES FOR

VIDEO POLICING SYSTEM

PROPOSALS DUE: October 25th, 2022

Page | 2

A) Notice of Request for Proposals

The City of Gardena is releasing this Request for Proposals (RFP) from qualified CONTRACTORS to establish an agreement for a two (2) year period for Video Policing System Professional Services. This contract has an optional one (1) year extension, for a total of up to three (3) year agreement.

A copy of the R FP may b e obtained from Planet Bids and the City of Gardena website at www.cityofgardena.org. The City reserves the right to reject any and all proposals.

B) Purpose and Description of Services
The City of Gardena (City) is seeking the services of a CONTRACTOR to provide ongoing professional services for a video policing camera system located within the city limits of Gardena, California.

The existing Video Policing System is comprised of:

- 27 cameras located in the City Campus, which includes multiple City buildings such as the Police Department, Nakaoka Community Center, and more - 42 cameras located in the Police Department jail
- 14 cameras throughout the six (6) parks
- 27 cameras in traffic intersections
- 56 cameras at GTRANS

The system is comprised of both wireless and hard -wired (fiber) technology. This Request for Proposal also includes maintaining the backbone infrastructure and the desktop workstations where the cameras are monitored. This award may also include the maintenance of a primary command center utilizing Christie Digital Tiles and a Secondary Command Center with an 82” Sharp Television.

The traffic intersection cameras also have equipment at those locations which serve as the wireless infrastructure (hops) to transmit the video feed back to the Police Department. All equipment that is used to transmit the wireless signal from the traffic intersection locations back to the Police Department fall under the scope of this RFP.

The Transportation Center, GTRANS, is comprised of 52 cameras and 4 viewing stations, which will be included in the award for this Request for Proposal. The successful Contractor will be required to provide the maintenance to all existing equipment at the Transportation Center and allow for viewing capabilities of this video at both the Transportation Center and Police Department. As part of this RFP, CONTRACTOR may provide pricing on an option to perform an assessment of the existing system, to determine best placement of cameras and technology.

This project will be awarded to a successful CONTRACTOR who will be responsible for the ongoing support of the camera system described within this Request for Proposal. A successful CONTRACTOR will demonstrate system support and maintenance capabilities with an office Page | 3

and permanent technical support staff capable of responding to the City within the times specified in Attachment A: Scope of Work. Respondents to this RFP should demonstrate knowledge and expertise in microwave communications and camera system design.

The successful CONTRACTOR will be awarded a two (2) year agreement with the City, with an option to extend for an additional one (1) year. City may terminate any agreement with 60 days written notice.

CONTRACTOR shall provide all labor, tools, materials, equipment, non -consumable supplies, transportation, and every other item of expense necessary to provide professional services and maintenance of the Video Policing System that is located at Gardena Police Department, 1718 West 162nd Street, Gardena, CA 90247 and G-Trans, 13999 South Western Avenue, Gardena, CA 90247. Bidders must refer to “Attachment A: Scope of Work” for complete description of services.

B) Bidder Minimum Qualifications
The following requirements shall be the minimum standards for a CONTRACTOR to be considered as qualified to provide services under this contract, and shall be a prerequisite to any award:

The CONTRACTOR shall have experience and certification in designing, selling, installing, maintaining and repairing of an Indigo Vision Video Surveillance Systems (IVSS) in an enterprise environment for a minimum of at least three (3) consecutive years as of release date of this RFP.

The CONTRACTOR must be a certified Indigo Vision integrator and have a minimum of two references in their portfolio that use an Indigo Vision VMS.

The CONTRACTOR shall be capable and willing to respond on -site within two (2) ho urs in the event an emergency service call is placed.

The CONTRACTOR at a minimum must be able to provide three (3) references of enterprise size contracts currently held by the CONTRACTOR that at a minimum include 40 cameras and a VMS system. At least two (2) references must include systems with centralized viewing within an Emergency Operation Center.

The CONTRACTOR must have a minimum of five (5) years’ experience in the installation of integrated video surveillance systems , with a minimum of three (3) years’ experience in the installation of integ rated video surveillance systems with “Public Safety.” “Public Safety” is defined as law enforcement agencies and not private security deployments.

The CONTRACTOR must have experience in the following areas:
• Installing, maintaining, and repairing radio equipment from companies such as, but not limited to, Firetide, Motorola, and BridgeWave. • Deploying License-Free and Licensed wireless wide area networks • W orking with public safety band wireless equipment operating at 4.9 Ghz • L ong range wireless point-to-point deployments over 3 miles • P oint to point wireless infrastructure design and concepts • V ideo integration into an enterprise network
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• E nterprise network architecture and design concepts
• E nterprise video network architecture and design
• Interior and exterior camera selection, placement and configuration in secure environments
• Relevant broadcast protocols such as multicast

The CONTRACTOR must have Manufacturer’s certification for the following aspects of the proposed system:

• Network infrastructure
• Wired and wireless portions of the proposed solution
• Surveillance system hardware and software

The CONTRACTOR shall be certified by the manufacturer to resell, install and configure proposed equipment.

The CONTRACTOR shall be licensed, at a minimum, as a Class C-7, Low Voltage Contractor by the California State Contractors License Board.

The CONTRACTOR shall assign an engineer to City who have been certified on Indigo Vision.

The CONTRACTOR shall be able to respond to calls for service within the prescribed Response Times (see Attachment A: Scope of Work for more information).

The CONTRACTOR’s officers and employees must successfully pass a criminal background check.

The CONTRACTOR shall submit the License Verification and license number for bidder and for each proposed Key Subcontractor as part of the Bid Proposal on the Company Profile form included in the RFP. Duplicates of the form may be made for each Key Subcontractor.

The CONTRACTOR shall maintain a valid Gardena Business License for the duration of this Agreement.

C) Bid Requirements and Information
There is a mandatory walk-through/bid conference on October 11th, 2022 at 10:00 am. The pre-bid conference will begin at the Gardena Police Department, located at 1718 West 162 nd Street, Gardena, CA 90247. Immediately following the presentation at the Gardena Police Department, the conference will move to GTRANS, located at 13999 South Western Avenue, Gardena, CA 90247. At this mandatory walk-through/bid conference, additional documents will be provided to all bidders with further information of camera locations throughout the City.

Please note, a person authorized to represent a CONTRACTOR must attend this meeting. A Non-Disclosure Agreement will be required to be signed in order to receive this confidential information.

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Any requests for information concerning this RFP must be submitted in writing, and any substantive replies will be issued as a written addendum and emailed to those who attend the mandatory walk -through/bid conference. All questions must be submitted by October 13 th, 2022 at 12:00 pm.

All questions will be submitted to Mary Simonell at [email protected] Questions raised at the pre -bid conference may be answered orally. If any substantive new information is provided in response to questions raised at the pre -bid conference, it will also be memorialized in a written addendum to this RFP posted and emailed as prescribed above.

D) Contract Award
Based on bids received in response to this RFP, an array of factors may be used in selecting the contractor. This RFP does not in any way limit the City of Gardena’s right to solicit contracts for similar or identical services, if, in the City of Gardena’s sole and absolute discretion, it determines bids received are inadequate to satisfy its needs.

E) Submission Requirements

1. Time and Place for Submission of Bids

Bids must be received by 1:00 pm, PST, on October 25th, 2022 via Planet Bids.

Bids that are submitted by fax, email or hard copy will not be accepted. Late submissions will not be considered.

2. Price Proposal
The City of Gardena intends to award this contract to the CONTRACTOR that it considers will provide the best overall services. The City reserves the right to use an array of factors in selecting the CONTRACTOR, and to reject any bids that are not responsive to this request.

The City is requesting bid proposals for (see Attachment B):
-Fixed Cost
-Preventative Maintenance which includes a full system wellness check (including ensuring required storage on all NVRs) every other month. -Camera cleaning of all camera locations two (2) times per year -All-Inclusive Hourly Billing Rate for Services
-Please provide the all -inclusive hourly rate, and a complete breakdown of the hourly cost billing rate in accordance with the worksheet set forth in

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Attachment B.

The City intends to pay the CONTRACTOR for all services required under the contract based on a single all -inclusive rate for inspections and an hourly rate that will encompass all of the CONTRACTOR’s labor, costs, overhead and profit.

The approved all-inclusive hourly rate will be specified in the contract and shall remain in effect to the conclusion of the contract. Pricing for the optional year extension should also be specified.

Please note that this contract requires prevailing wage.

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Attachment A: Scope of Work

The Scope of Work that follows is to be used as a general guide and is not intended to be a complete list of all work necessary for our Video Policing System. CONTRACTOR’s are to provide all labor, materials, tools, supplies, equipment and supervision necessary to provide Video Policing System Camera System Maintenance at the Gardena Police Department and GTRANS. Services shall include the following:

1. Repair Services
The CONTRACTOR shall follow up immediately with an investigation of any reported or observed equipment malfunction. Equipment malfunction is defined as the inability of the individual components, subassemblies, or major parts of the system to perform their specific functions, including equipment failure caused by actions of operational personnel, the public or environmental conditions. If it is determined that the cause of the problem is something other than equipment or system issues, the CONTRACTOR will n otify a City of Gardena representative. The City will require a root cause analysis of any repair services in order to ensure that the cause of the problem has been addressed and resolved prior to completion of the repair. Unscheduled maintenance shall include inspections and tests required to determine the extent of any equipment malfunction, as well as the repair required to correct the problem.

2. Replacement Services
Various components and equipment may require replacement during the term of the contrac t.

All labor associated with the replacement, upgrade or enhancement of the equipment shall be billed at the labor rates outlined in the CONTRACTOR’s fee schedule on Attachment B. The CONTRACTOR will be responsible for providing any replacements to the com ponents of any part of the system. Any components that cannot be replaced using the exact same make and model will require prior approval by the City in order to ensure that a similar replacement is used.

All replacements parts must be non-proprietary. The CONTRACTOR shall provide a work order with pricing for replacements, updates, and moves, in line item or unit pricing format, prior to any work being performed. The pricing estimate, at a minimum, must include: a description of the work to be performed, a complete equipment list with related prices for each item, estimated labor hours, and any equipment required to complete the work. Any work performed by a sub - consultant must also use the same format. Lump sum pricing will not be accepted.

All replacements must be installed within two weeks of authorized work order, unless pre - approved by City of Gardena representative. Any delay beyond the pre-approved replacement two-week time period shall be subject to $100 per day liquidated damages.

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3. Installation Services
The City of Gardena may request the CONTRACTOR to install new Video Policing Cameras within City of Gardena’s property. As part of the scope of work, the CONTRACTOR shall provide the City of Gardena with system design services, which shall include but not be limited to hardware and software recommendations that will meet the City of Gardena’s goals and objectives for the new system. Installation of cameras, servers, switches and cabling and other components which have been deemed necessary must be approved by the City of Gardena prior to any purchases, installation or integration into the City of Gardena’s Video Policing System. The CONTRACTOR agrees to coordinate and facilitate any upgrades to the Video Policing System with the City of Gardena prior to any installation.

All new installations shall be inspected by a City of Gardena representative or his/her designee for quality of workmanship and component and system functionality. The CONTRACTOR shall be responsible for any corrections to the installations that result from poor workmanship or non- adherence to City, state, and/or federal standards. The CONTRACTOR shall provide a cost bid work order for new system installations prior to any work being performed. All components proposed and installed must be non -proprietary. The bid shall include at a minimum: a description of the work to be performed, a complete equipment list with related prices for each item, estimated labor hours, and any equipment required to complete the work. Any w ork performed by a sub -consultant must also use the same format. Lump sum pricing will not be accepted.

All installations must be completed within two weeks of authorized work order, unless pre - approved by City of Gardena representative. Any delay beyond the pre-approved replacement two-week time period shall be subject to $100 per day liquidated damages.

4. Preventative Maintenance
The CONTRACTOR will assume all responsibilities on providing the City of Gardena with a plan for preventative maintenance for all cameras, servers, storage devices and Video Policing System components. This will include cleaning of all camera lenses and domes where applicable two times per year, and scheduling and coordinating refreshes of servers, routers, switches, and cameras as needed. Responsibilities include ensuring that all licensing and service maintenance agreements with any of our Video Policing System components remain valid and current throughout the duration of the contract. The CONTRACTOR is responsible for maintenance of all Servers, Storage Devices, Switches, Routers, Cameras, Cabling and any other components deemed part of the City of Gardena’s system.

The CONTRACTOR will assume responsibility for providing a comprehensive backup solution of all critical software/data components of the City of Gardena’s Video Policing S ystem, to include all SQL Databases and configuration components.

The CONTRACTOR is responsible for ensuring that the SYSTEM complies with ALL retention schedules (366 days for the jail and 30 days for all other locations). CONTRACTOR shall perform a health assessment on the whole SYSTEM and ensure NVR’s meet retention deadlines every other month (July, September, November, January, March, May).

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5. Training
The CONTRACTOR will be responsible for providing training to City of Gardena staff on t he different components of the system. The CONTRACTOR agrees to provide training on any changes made to any servers, switches or cameras as well as any hardware and software changes made to the Video Management System (VMS). Training shall include a complete overview and introduction of our current system identifying possible single points of failure and areas of future concern. Training shall also include specific component overviews in order to familiarize City staff with all the components of the system, as well as any troubleshootin g techniques that can be used in order to prevent a future service call. Training will include an overview of our current Video Management System (VMS) and also training in conjunction with any upgrades done to our current VMS.

6. Design
The CONTRACTOR will be responsible for providing the City with design documentation on all existing, and/or ne w components pertaining to the Video Policing system. These design documents shall be all inclusive and include specific information pertaining to their location, make and model, component name, cabling routes, connection type and date of installation. The CONTRACTOR herby agrees, all present and future designs for the City of Gardena once submitted become property of the City of Gardena.

7. Warranty
The CONTRACTOR will assume and provide an itemized warranty for all existing components of the City of Gardena Video Policing System. Warranty information shall be included for the following: hardware, software, licensing, service maintenance agreements, h ardware maintenance agreements, and any other components deemed necessary by the City of Gardena. The selected CONTRACTOR shall detail, in its bid, the proposed warranty and support services they will provide pertaining to specific components currently existing within the City of Gardena Video Policing System. Additional information pertaining to specific components in use at the City of Gardena will be provided in the mandatory pre -bid meeting since it is considered Sensitive Security Information (SSI).

8. Response Requirements
The CONTRACTOR will be required to meet specific response requirements in order to be considered for this bid. The CONTRACTOR shall supply the City of Gardena with names (minimum of three of the CONTRACTOR’s representatives) and phone numbers to contact for Emergency Service Calls. The CONTRACTOR’s representatives shall be available twenty-four (24) hours per day, seven (7) days per week to receive Emergency Service Calls.

The CONTRACTOR will be responsible for providing the City of Gardena with the following pertaining to service calls: direct telephone assistance, direct on-site assistance, assistance via VPN, and technical expertise and consultant services. All service calls shall be coordinated with a City of Gardena representative and an estimated time of completion shall be communicated for each service call.

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The CONTRACTOR will be responsible with providing the City of Gardena with pricing pertaining to the following levels of service pertaining to service calls for the System. Pricing pertaining to each level of response shall be included in the CONTRACTOR’s submittals.

1. Emergency Service Calls – Calls that warrant immediate repair, as determined by a City of Gardena representative or his/her designee will require that a qualified service representative arrive on site within two hours from the time the call is acknowledged by the service representative via telephone.

2. Urgent Calls – Urgent calls, as determined by an City of Gardena representative or his/her designee, shall be acknowledged by phone or email within one hour and, at the discretion of the City of Gardena representative or his/her designee, response may be deferred to the start of the following business day.

3. Routine Calls – Routine calls, as determined by an City of Gardena representative or his/her designee, shall be acknowledged by phone or email within two hours and, at the discretion of the City of Gardena representative or his/her designee, response may be deferred longer than one business day, but not to exceed two business days.

The above mentioned shall remain current at all times. Any changes shall be forwarded to the City of Gardena in writing twenty-four (24) hours in advance of any such change and must be pre-approved by the City of Gardena.

During the contracted maintenance period, CONTRACTOR shall follow the maintenance terms as specified in the respective manufacturer’s maintenance manual for system component maintenance; including using manufacturer’s approved replacement parts.

During the maintenance period, CONTRACTOR shall maintain locally, or available by next business day, a readily available supply of system spare parts in adequate quantity to ensure the rapid replacement of any system -related component(s) that may fail. The City’s P roject Coordinator, or its designee, may maintain a supply of spare cameras and system components at their sole discretion.

The CONTRACTOR must be able to VPN in to assess and address (if necessary) any issues.

9. Documentation Requirements
The CONTRACTOR wi ll be required to provide the City of Garde na with a service call management solution that will ensure that all service calls performed in the City are tracked and recorded in order to assist with the management of the contract. The service management solution should at a minimum allow the City of Gardena to administer work orders, attach root cause analysis documentation, and have the ability to attach invoicing information that will allow key members of the City of Gardena to access information in order to easily manage the contract.

Access to the service call management solution should at a minimum be provided to City of Gardena personnel managing this contract. It is highly desirable that this management solution be a web -portal allowing the City of Gardena the ability to place work orders and monitor all service activity directly online.

10. CONTRACTOR’S RESPONSIBILITIES

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CONTRACTOR shall upon arrival perform the following tasks:

A. Notify the Project Coordinator prior to commencing work

B. Sign in at designated area.

C. Perform all work as outlined in the Scope of Work.

D. Submit to the City of Gardena a time sheet with a detailed description of all tasks or work completed.

E. Sign out upon departure from the City facility.

11. TOOLS

CONTRACTOR shall:

A. Supply all tools required to inspection and/or repairs and maintenance tasks and work.

B. Ensure that all tools remain in CONTRACTOR’S possessions at all times and shall not be left unattended.

C. Ensure that all tools and equipment are removed from the work site at the end of each task or workday.

12. DAMAGES

CONTRACTOR shall:

A. Repair any damage, should it occur during the inspection and testing process using City of Gardena approved materials and procedures.

B. City of Gardena Project Coordinator or designee shall make final approval and acceptance of repairs to restore all facilities.

13. UNSATISFACTORY OR NON-PERFORMED WORK

CONTRACTOR shall:

A. Correct any work deemed unsatisfactory or non-performed work by the City of Gardena Project Coordinator and at CONTRACTOR’S expense.

B. Be given written notice of observed unsatisfactory or non-performed work either by email or by letter. The letter heading will state “Notice of Default”.

C. Have seventy-two (72) hours to re-perform unsatisfactory or non-performed work.

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Attachment B: Contractor’s Pricing

All-inclusive inspection rates, and a complete breakdown of the hourly cost billing rate.

I. Compensation: This is a Fixed Fee, time and materials CONTRACT between City of Gardena and CONTRACTOR for Video Policing System Service, Inspections, and Repair as set forth in the Scope of Work. CONTRACTOR agrees to accept the specified compensation as set forth in this CONTRACT as full remuneration for performing all services and furnishing all staffing, labor and materials required, insurance requirements, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by CONTRACTOR of all its duties and obligations hereunder. CONTRACTOR shall only be compensated as set forth herein below for work performed in accordance with the Scope of Work.

II. Fees and charges: City of Gardena will pay the following fixed fees in accordance with the provisions of this CONTRACT. CONTRACTOR shall perform t he requested services as described in Attachment A – Scope of Work.

Time: Labor hours shall be charged on the basis of actual time spent on each job, not on a portal-to- portal basis, and shall be computed to the nearest one quarter (1/4) hour.

List of Warranty Items:

Please see the enclosed spreadsheets.

Materials: CONTRACTOR must supply backup paperwork or evidence for all materials purchased. CONTRACTOR shall not mark-up the cost of any materials greater than 5%.

Cost Plus _________ % Mark-up
Cost Plus __________% Discount
Note: Applicable sales tax shall be billed when invoicing.

Preventative Maintenance:

Quarterly Camera Cleaning Service
Two (2) times a year

System Health Assessment
Six (6) times a year

III. Invoicing: Invoices are to be submitted in arrears, after services have been provided, to the address specified below. Payment will be Net 30 days after receipt of an invoice in a format acceptable to the City of Gardena and verified and approved by the agency/department and Page | 14

subject to routine processing requirements. City of Gardena’s Project Coordinator, or designee, is responsible for approval of invoices and subsequent submittal of invoices to the Accounts Payable Department for processing of payment. The responsibility for providing an acceptable invoice to the City of Gardena for payment rests with CONTRACTOR. Incomplete or incorrect invoices are not acceptable and will be returned to CONTRACTOR for correction. Billing shall cover services and/or goods not previously invoiced. CONTRACTOR shall reimburse the City of Gardena for any monies paid to CONTRACTOR for goods or services not provided or when goods or services do not meet the CONTRACT requirements.

Payments made by the City of Gardena shall not preclude the right of the City of Gardena from thereafter disputing any items or services involved or billed under this CONTRACT and shall not be construed as acceptance of any part of the goods or services.

1. CONTRACTOR’S name and address

2. CONTRACTOR’S remittance address (if different from above)

3. CONTRACTOR’S Federal I. D. number

4. City of Gardena PURCHASE ORDER number

5. Service date(s)

6. Service description

7. Breakdown of cost

8. Hourly rate

9. Copy of signed City of Gardena Time Sheet

10. List of Materials, Equipment, and/or Permits plus mark-up

11. Total
Upon satisfactory delivery of goods and services, CONTRACTOR shall submit an itemized invoice to:

City of Gardena
1718 West 162nd Street
Gardena, CA 90247
Attention: Video Policing System Project Coordinator

Agreement Administrator
[email protected]

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ATTACHMENT C: FORMS
(TO BE SUBMITTED WITH RFP

RESPONSE)

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ATTACHMENT C: CONTRACTOR’S PROPOSED PRICING

PREVENTATIVE MAINTENANCE PROGRAM FOR CITY OF GARDENA

Submitted By:___________________________________________(Contractor Name) Camera Cleaning (2 Times Per Year)
(includes labor, vehicles, tools and materials)
Cost Per Year
Camera Cleaning $

System Health Assessment (6 Times Per Year)
(IT Specialist who is certified in IndigoVision, networking, wireless, etc. will perform various health checks and corrective adjustments to VMS, storage, cameras, encoders, network, etc.)

Cost Per Year
System Health Assessment $

Service Calls: Time & Materials Basis
(includes vehicles and tools)

Technician $ /hour
IT Specialist $ /hour
Insert Any Additional Personnel $ /hour

New Installations: Time & Materials Basis
(includes vehicles and tools; quotes will be provided for specific materials)

Installers $ /hour
IT Specialist $ /hour
Project Manager $ /hour

Assessment of GTRANS camera locations

Please propose methodology and fees associated with a full-system assessment for camera locations, equipment, etc. This shall be proposed as a flat-fee cost.
$

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ATTACHMENT C: COMPANY PROFILE & REFERENCES

COMPANY PROFILE

Company Legal Name:

___________________________________________________________________________

Company Legal Status (Corporation, partnership, sole proprietor, etc.):

___________________________________________________________________________

Active licenses issued by the California State Contractor’s License Board:

___________________________________________________________________________ Business Address:

___________________________________________________________________________ Website Address:

___________________________________________________________________________

Telephone Number ( )__________________ Fax Number : ( ) _______________________

Email Address: ______________________________________________________________

Length of time the CONTRACTOR has been in business: _____________

Length of time at current location: _____________

Is your CONTRACTOR a sole proprietorship doing business under a different name:

_________Yes __________No

If yes, please indicate sole proprietor’s name and the name you are doing business under:

___________________________________________________________________________

Is your CONTRACTOR incorporated: _____________Yes _______________No

If yes, State of Incorporation:____________________________________________________

Federal Taxpayer ID Number:

___________________________________________________________________________

Regular Business Hours:______________________________________________________

Regular Holidays and hours when business is closed:

___________________________________________________________________________ Page | 18

Contact person in reference to this solicitation:

______________________________________________________________________________

Telephone Number: ( ) _______________ Fax Number: ( ) ___________________________

Email Address:

______________________________________________________________________________

Contact person for Accounts Payable:
__________________________________________________________________________________ Telephone Number: ( ) __________________ Facsimile Number: ( ) _________________________

Email Address:
__________________________________________________________________________________

Name of Project Manager:
__________________________________________________________________________________ Telephone Number: ( ) _____________________ Fax Number: ( )________________________

Email Address:

In the event of an emergency or declared disaster, the following information is required:

Name of contact during non-business hours:
_______________________________________________________________________________

Email Address: _________________________________ Cell Number: _________________________

Telephone Number: ( ) ___________________ Fax Number: ( ) ___________________________

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REFERENCES
Submit the company names, addresses, telephone numbers, contact names, and brief contract descriptions of at least three clients for whom comparable projects have been completed or submit letters from your references which include the requested information (attach additional sheets if necessary).

Name of Reference:
___________________________________________________________________________ Address:____________________________________________________________________ Contact Name: ________________________ Title: __________________________________ Telephone Number: ( ) ___________________________________ E-Mail Address: __________________________________
Contract Title/Number: ____________________ Contract Value: $______________________ Contract effective Dates: ___________________________________

Brief description of all required and related services performed/goods provided:

Name of
Reference:__________________________________________________________________ Address:____________________________________________________________________ Contact Name: ______________________________________
Title: __________________________________
Telephone Number: ( ) ___________________________________ E-Mail Address: __________________________________
Contract Title/Number: ________________ Contract Value: $__________________________ Contract effective Dates: ___________________________________

Brief description of all required and related services performed/goods provided:

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Name of Reference:
___________________________________________________________________________ Address:____________________________________________________________________ Contact Name: ________________________ Title: __________________________________ Telephone Number: ( ) ___________________________________ E-Mail Address: __________________________________
Contract Title/Number: _______________________ Contract Value: $___________________ Contract effective Dates: ___________________________________

Brief description of all required and related services performed/goods provided:

Name of
Reference:__________________________________________________________________ Address:____________________________________________________________________ Contact Name: ______________________________________
Title:__________________________________
Telephone Number: ( ) ___________________________________ E-Mail Address: __________________________________
Contract Title/Number: ________________ Contract Value: $__________________________ Contract effective Dates: ___________________________________

Brief description of all required and related services performed/goods provided:

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ATTACHMENT D: SAMPLE CONTRACT

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AGREEMENT BETWEEN THE

THE CITY OF GARDENA
AND
(CONTRACTOR)

FOR CONSULTING SERVICES

This contract, hereinafter referred to as Agreement, is entered into by and between THE CITY OF GARDENA (“City”) and ___________________ (“Consultant”), a consulting firm.

Based on the mutual promises and covenants contained herein, the Parties hereto agree as follows:

1. Recitals.

A. City is desirous of obtaining services necessary to design, sell, install, repair and maintain the Video Policing System.

B. Consultant is qualified by virtue of experience, training, education and expertise to provide these services.

C. City has determined that ______________ (CONTRACTOR) is the lowest responsible bidder for the execution of this Agreement.

2. Services.

A. The services to be performed by Consultant shall consist of the work as described in the Request for Proposals (RFP) for Video Policing System Professional Services.

B. The Services shall be performed in accordance with the RFP set forth in Exhibit A. Consultant shall not be liable for any failure or delay in furnishing proposed services resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualified personnel, failure by City to provide appropriate access to equipment or personnel, or other causes beyond Consultant’s reasonable control.

3. Additional Services. If City determines that additional services for installations and/or other services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for additional services in accordance with pricing as described in Exhibit A, and other Additional services in accordance with the amount agreed upon in writing by the Parties. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.

4. Agreement Administrator. For purposes of this Agreement, City designates Lieutenant Page | 23

Christopher Cuff as the Agreement Administrator who shall monitor Consultant’s performance under this Agreement. All notices, invoices or other documents shall be addressed to the Agreement Administrator, as well as all substantive issues relating to this contract. City reserves the right to change this designation upon written notice to Consultant.

5. Consultant’s Proposal. This Agreement shall include Consultant’s proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

6. Timing of Performance. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement as set forth in Exhibit A, attached hereto and incorporated herein by reference. City, in its sole discretion, may extend the time for performance of any Service.

7. Compensation. Compensation for the Services shall be billed as set forth in Exhibit A, attached hereto. The Compensation is inclusive of all costs that may be incurred by Consultant in performance of the Services, including but not limited to such items as travel, copies, delivery charges, phone charges, and facsimile charges.

8. Term of Agreement/Termination.

A. This Agreement shall be effective December 2022 and shall remain in effect until December 2024.

B. City may extend this agreement for one (1) additional year at its discretion.

C . City may terminate this Agreement without cause by providing written notice to Consultant thirty days prior to an effective termination date. City’s only obligation in the event of termination will be payment of fees and allowed expenses incurred up to and including the effective date of termination.

D . Unless for cause, Consultant may not terminate this Agreement.

E . Upon receipt of a termination notice, Consultant shall: (1) promptly discontinue all Services, unless the notice directs otherwise; and (2) within ten (10) days, deliver to City all files, data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the Services under this Agreement, whether completed or in progress. Consultant shall provide these documents by both hard copy and in electronic format if available. In the event of termination for other than cause attributable to Consultant, Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination and shall be deemed released from liability for any work assigned but not completed as of the effective date of termination.

9. Invoices and Payments.

A. Payment shall be made upon receipt and approval of invoices for Services rendered. In order for payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs, and be Page | 24

submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced.

B. The Agreement Administrator shall review the invoices to determine whether services performed and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or the Agreement Administrator shall provide Consultant with a written statement objecting to the charges and stating the reasons therefore.

C. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

10. Records/Audit.

A. Consultant shall be responsible for ensuring accuracy and propriety of all billings and shall maintain all supporting documentation for a minimum of three (3) years from the completion date of the Services under this agreement the following records:

1. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assure proper accounting for all funds;

2. Records which establish that Consultant and any subconsultant who renders Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations

3. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.

B. City shall have the right to audit Consultant’s invoices and all supporting documentation for purposes of compliance with this Agreement for a period of three years following the completion of Services under this Agreement.

C. Upon reasonable notice from City or any other governmental agency, Consultant shall cooperate fully with any audit of its billings conducted by, or of, City and shall permit access to its books, records and accounts as may be necessary to conduct such audits.

11. Successors and Assignment. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

12. Change in Name, Ownership or Control. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

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13. Key Personnel. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.

Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City.

14. Use of Materials.

A. City shall make available to Consultant such materials from its files as may be required by Consultant to perform Services under this Agreement. Such materials shall remain the property of City while in Consultant’s possession. Upon termination of this Agreement and payment of outstanding invoices of Consultant, or completion of work under this Agreement, Consultant shall return to City any property of City in its possession and any calculations, notes, reports, electronic files, or other materials prepared by Consultant in the course of performance of this Agreement.

B. City may utilize any material prepared or work performed by Consultant pursuant to this Agreement, including computer software, in any manner, which City deems proper without additional compensation to Consultant. Consultant shall have no responsibility or liability for any revisions, changes, or corrections made by City, or any use or reuse pursuant to this paragraph unless Consultant accepts such responsibility in writing.

15. Nonuse of Intellectual Property of Third Parties. Consultant shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Consultant has a license. Consultant shall indemnify and hold City harmless against all claims raised against City based upon allegations that Consultant has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Consultant pursuant to this Agreement.

16. Ownership of Work Product. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed work made for hire for City by Consultant and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination of this Agreement.

17. Legal Requirements.

A. Consultant shall secure and maintain all licenses or permits required by law, including a City business license, and shall comply with all ordinances, laws, orders, rules, and regulations pertaining to the work.

B. Consultant warrants it fully complies with all laws regarding employment of aliens and others, and that all of its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations.

Page | 26

C. Consultant covenants that there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry, or any other category forbidden by law in performance of this Agreement.

18. Conflict of Interest and Reporting.

A. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.

B. Consultant and its representatives shall refrain from lobbying City of Gardena officials, employees and representatives for the duration of this Agreement.

19. Guarantee and Warranty. Consultant warrants to City that the material, analysis, data, programs and SERVICES to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. Without waiver of City’s other rights or remedies, City may require Consultant to re-perform any of said services, which were not performed in accordance with these standards. Consultant shall perform the remedial services at its sole expense.

20. Insurance.

A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverage required in this Section. Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall be subject to all of the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.

B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-: VII, unless otherwise approved by City.

C. Coverage, Limits and Policy Requirements. Consultant shall maintain the types of coverage and limits indicated below:

1. Commercial General Liability Insurance - a policy for occurrence coverage for bodily injury, personal injury and property damage, including all coverage provided by and to the extent afforded by Insurance Services Office Form CG 2010 ed. 10/93 or 11/85, with no Page | 27

special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.

2. Commercial Auto Liability Insurance - a policy including all coverage provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.

3. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

a. The City, its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy.

b. The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.

c. For any claims with respect to the Services covered by this Agreement, Consultant’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its elected and appointed officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.

4. Worker’s Compensation and Employer’s Liability Insurance - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

D. Additional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.

E. Deductibles. Any deductible or self-insured retention over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense Page | 28

expenses.

Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.

G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.

21. Indemnity.

A. Consultant assumes all risk of injury to its employees, agents, and contractors, including loss or damage to property.

B. Consultant shall defend, indemnify, and hold harmless the City, including its officials, officers, employees, and agents from and against all claims, suits, or causes of action for injury to any person or damage to any property arising out of any intentional or negligent acts or errors or omissions to act by Consultant or its agents, officers, employees, subcontractors, or independent contractor, in the performance of its obligations pursuant to this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.

This indemnity shall not apply if the claim arises out of the sole negligence or willful misconduct of City, its officers, agents, employees or volunteers.

C. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.

22. Independent Contractor. Consultant agrees to furnish consulting services in the capacity of an independent contractor and neither Consultant nor any of its employees shall be considered to be an employee or agent of City.

23. Notices. Any notice or communication given under this Agreement shall be effective when deposited, postage prepaid, with the United States Postal Service and addressed to the contracting parties. Name, address, telephone and facsimile numbers of the parties are as follows:

Page | 29

City of Gardena:
1718 West 162nd Street
Gardena, California 90247-3732
Attn: Lt Christopher Cuff
Telephone Number: (310) 217-9636
E-mail: [email protected]

Consultant:

Attn:

Telephone Number:

Facsimile Number:

E-mail:

Either party may change the information to which notice or communication is to be sent by providing advance written notice to the other party.

24. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

25. Jurisdiction and Venue. This Agreement shall be deemed a contract under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws.

Both parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be Los Angeles County, California.

26. Waiver. No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof or of such Party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. To be valid a waiver shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.

27. Entire Agreement.

A. This writing contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties either written or oral relating to the subject matter hereof which are not set forth herein.

Except as provided herein, this Agreement may not be modified or altered without formal amendment thereto.

B. Notwithstanding the foregoing, and to realize the purpose of this Agreement, the Agreement Administrator may issue a written modification to the Scope of Work, if this modification will not require a change to any other term of this Agreement.

28. Joint Drafting. Both parties have participated in the drafting of this Agreement.

29. Public Record. This Agreement is a public record of the City.

Page | 30

30. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

31. Attorney’s Fees. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.

IN WITNESS WHEREOF, the parties have hereunto affixed their names as of the day and year written below.

CITY OF GARDENA

By_____________________________ Date____________________________ Tasha Cerda, Mayor

ACCEPTED:

CONTRACTOR

By_____________________________ Date____________________________ Name, Title

APPROVED AS TO FORM:

_______________________________
Carmen Vasquez, City Attorney

ATTEST:

_______________________________
Mina Semenza, City Clerk

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.A
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: December 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Award Construction Management and Inspection Services Contract for the Gardena Community Aquatic and Senior Center Project, JN 978, to Griffin Structures, Inc., in the amount of $895,000.

COUNCIL ACTION REQUIRED:

Staff Recommendation: Award Construction Management and Inspection Services Contract
RECOMMENDATION AND STAFF SUMMARY:

On September 28, 2021, City Council approved the design Architecture and Engineering services for the new Gardena Community Aquatic and Senior Center project to RJM Design Group. Thus far, various project phases have been accomplished:

December 2021 – State Award of $8.5M Proposition (Prop) 68 Grant March 2022 – City Council Approval of Conceptual Design April 2022 – Final SCE Application to Underground Existing Over Head Utilities May 2022 – City Council Approval of Demolition Construction Contract October 2022 – Completion of 75% Construction Documents October 2022 – Recordation of a Deed Restriction per Prop 68 Requirement November 2022 – Demolition Construction Completed

The project team is currently working towards final Construction Documents (CD) by Spring 2023 and construction will start in Summer 2023. Meanwhile, the overhead utility relocation design is to be completed by December 2022 and seek Council approval of the construction contract in February 2023.

Management of the construction by the City is a very important task. The Code compliance of the project will be performed by inspectors within the Community Development Department.

In addition to these typical building inspections, other tasks are required such as the management of schedules, review and approval of invoices, review and approval of submittals, labor compliance, review of change orders and substitutions, safety of the job site, and soils and materials testing. The City is unable to perform these services with existing staff and a an expert in these matters is needed.

On October 13, 2022, the Department of Public Works released a Request for Proposal (RFP), for Construction Management and Inspection (CMI) Services for the Project. On November 14, 2022, four (4) proposals were received. Two sealed envelopes were received from each firm, one with firm’s qualifications and the other with the firm’s fee. The fee proposals were not opened so that the evaluation would be evaluated based on qualifications.

The consultant that is awarded will be responsible for (CMI) services for the estimated fifteen (15) months construction period. All CMI services are to be billed hourly based on Not to Exceed proposed total amount. A Contract Change Order will be considered if the project scope expands or goes beyond 15 months.

Consultant’s responsibilities include, but are not limited to:

Attend all project related meetings
Lead all meetings during the construction from pre-construction to final closeout Provide a constructability review of the project plans, specifications, and engineer’s estimate
Maintain project files per City template
Provide and supervise construction observation/inspection Conduct day-to-day inspections and prepare daily reports Review and track the contractor’s construction schedule Provide soil and material testing services as needed
Assure contractor adheres to labor compliance requirements Issue a weekly working day statement
Coordinate with City’s Project Manager, utility companies, and other agencies Assist in acquiring all necessary permits with respective agencies Review and track submittal approvals
Provide public outreach as needed
Review and make recommendation(s) for contractor progress payments Review and make recommendation(s) regarding the contractor’s request for a contract change order
Maintain a set of “as-built” plans
Schedule the final walk-through inspection and prepare a “punch-list” Prepare documents as required by auditors (as needed)

Two Public Works staff, Allan Rigg and Kevin Kwak, evaluated the proposals for experience, expertise, training, project approach, schedule control, and compliance with RFP of the project. Independently each selected Griffin Structures as the clear top firm and decided that the interview process was not necessary.

Subsequently, the fee proposals were opened after selecting Griffin Structures. The fees for all four (4) firms ranged from $772,648 to $1,483,100. The fees for Griffin Structures were $895,000 which includes $143,000 allowance for soil material testing. As such, Griffin Structures technically submitted the lowest fee considering that they have budgeted $123,000 more soil testing allowance than the second low fee by KOA Corporation. Griffin Structure’s proposal and fees are exceptionally well prepared and determined to be the most qualified consultant.

Griffin Structures has been serving Construction Management and Inspection services for 41 years. They are uniquely qualified to deliver the project given their extensive community, senior, and aquatic center portfolio, local experience, demonstrated past and successful collaborations with City hired design consultant, RJM Design Group, and demonstrated team of aquatics and community facilities project experts. They have over fifty senior and aquatic community center representative projects with verified references. In addition, their simplified project approach is to designate a full-time Construction Manager to provide all-inclusive day- to-day services that includes onsite inspector roles as well, which will save cost, provide clear communications, and project commitment.

Staff respectfully recommends that the City Council award a Construction Management and Inspection Services Contract for the Gardena Community Aquatic and Senior Center Project, JN 978, to Griffin Structures, Inc., in the amount of $895,000.

FINANCIAL IMPACT/COST:

FY 2022-2023 Project Budget: $5,020,000 Bond Proceeds/Measure G, $8,500,000 Prop 68, and $1,400,000 Federal Earmark (Total $14,920,000)
ATTACHMENTS:

JN 978 Aquatic & Senior Center_CMI Services Consultant Agreement.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

Consultant Agreement with Griffin Structures, Inc. Page 1

CITY OF GARDENA

CONSULTANT AGREEMENT WITH
GRIFFIN STRUCTURES, INC.

This Agreement is entered into this 13 th day of December , 2022, by and between the City of Gardena, a municipal corporation (“City”) and Griffin Structures, Inc., a California Corporation (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.

1. RECITALS. This Agreement is made and entered into with respect to the following facts:

A. Whereas, City is desirous of obtaining Construction Management & Inspection (CMI) co nsultant services for the Gardena Community Aquatic and Senior Center Project, JN 978;

B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and

C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and

D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until completion, unless earlier terminated as provided below.

A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.

B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.

C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this A greement, whether completed or in progress. Consultant shall be entitled to reasonable compensation for the DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 2 services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant shall be deemed r eleased for liability for any work assigned but not completed as of the effective date of termination.

3. SERVICES. Consultant agrees to provide the services as specified in the City’s Request for Proposal (“RFP”), Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.

4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.

5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal or bid which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, it shall be resolved by giving precedence in the following order: (a) The Agreement (b) Exhibit A (c) Exhibit B.

6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.

7. PERFORMANCE BY CONSULTANT. Consultant shall maintain the level of competency pres ently maintained by other similar practiti oners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.

8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 3 this Agreement. City, in its sole discretion, may extend the time for performance of any Service.

9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the General Services Director/City Engineer.

Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a ti mely manner by the General Services Director/City Engineer.

Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the General Services Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the General Services Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, Ci ty may terminate this Agreement for cause as specified in Section 2 above.

10. COMPENSATION. Consultant shall be compensated as follows:

A. Am
o unt. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee proposal hereto and incorporated herein by reference. In no event shall compensation under this Agreement exceed eight hundred ninety -five t housand and 00 /00 ($895,000.00) without the prior written authorization of the City Council.

B. I
nvoices and Payment . Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the ser vices rendered, date(s) of service, direct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services p erformed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

C. E
xpenses . Consultant shall not be entitled to any additional compensation for expenses.

11. I
NSURANCE REQUIREMENTS.

A. C ommencement of Work . Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shal l comply with all items specified by this Agreement. Any subcontractors shall DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 4 be subject to all the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the s ubcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.

B. I nsurance Company Requiremen ts. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

C. C overages, Limits and Policy Requirements . Consultant shall maintain the types of coverages and limits indicated below:

1. C ommercial General Liability Insurance – a policy fo r occurrence coverage for bodily injury, personal injury and propert y damage, including all coverages provided by and to the extent afforded by Insurance Services Office Form CG 2010 ed. 10/93 or 11/85, with no special limitations affecting City. The limit for all coverages under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.

2. C
ommercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Of fice form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one mi llion dollars ($1,000,000.00) per accident.

3. W
orker’s Compensat ion and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, is mailed to City.

4. P
rofessional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 5

5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

a. A
dditional ins ureds: “The City Gardena and its elected and appointed boards, officers, officials, and employees, are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gardena, its officers, officials, and employees, . Any other insurance maintained by the City o f Gardena shall be excess and not contributing with the insurance provided by this policy.”

d. Any failure to comply with the reporting provisions of the policies shall n ot affect coverage provided to the City of Gardena, its officers, officials, and employees.

e. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

D. A
dditional Requirements. The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsemen ts with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.

E. D
eductibles . Any deductible or self -insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to Ci ty shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self- insured retentions with respect to City, its officers, and employees (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for paym ent of losses and related investigations, claim administration and defense expenses.

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 6

F. V erification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements eff ecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.

G. T
ermination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.

H. No
n -Limiting. Nothing in this Section shall be c onstrued as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

12. I
NDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply w ithout any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, and employees based upon the work performed by the Consultant, its employees, and/or authorized subconsultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subcon sultants are specifically named or otherwi se asserted to be liable. Notwithstanding the foregoi ng, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consult ant’s Proposal, which shall be of no force and effect.

13. COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 7 shall render any reasonable assistance and cooperation which City might require.

14. INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the rig ht to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

15. PERS ELIGIBILITY INDEMNIFICATION . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under thi s Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.

17. OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for pur poses of copyright law, be DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 8 deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or ex piration of this Agreement.

18. CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exem pt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types o f information. Consultant agrees to hold Confidential Information in s trictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as prov ided by law. Consultant agrees to release such information or material only to employees or Sub- consultants who have signed a nondisc losure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electr onic, and managerial safeguards to prevent unauthorized access to Confidential Information.

"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses , phone numbers, birth dates, and social securit y numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.

HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that ( 2) Consultant will perfo rm "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.

Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub- consultants agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.

Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 9 the Cit y harmless from and against all losses and damage s resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.

19. NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contract or pursuant to this Agreement.

20. WAIVER OR BRE ACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

21. COMPLIANCE WITH LAW S. Consultant represents that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, includ ing, but not limited t o, those laws related to minimum hours and wages; occupati onal health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of e very nature and desc ription including attorn eys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement
.

22. CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply w ith the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.

23. NON-DISCRIMINATION. Consultant covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.

24. FORCE MAJEURE. Consultant shall not be in default for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 10

25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this A greement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.

26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:

To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works

To Consultant: Griffin Structures, Inc.
1 Technology Drive, Bldg. 1, Suite 829
Irvine, California 92618
Attn: Jon Hughes
Execu tive Vice President

Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.

27. LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.

28. FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.

29. PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disc losure as required by the California Public R ecords Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 11 defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

30. MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) ye ars from the completion date of the Services under this Agreement, t he following records:

A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;

B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations;

C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.

D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.

31. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

32. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branc h of the Los Angeles County Municipal or Superior Court.

33. SECTION HEADINGS. The Section headings used in this Agreem ent are f or reference purposes only and shall have no binding effect.

34. AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

35. ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.

36. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 12 Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.

37. SEVERABILITY. If any term or portion o f this Agreement is held to be invalid, illegal, or otherwise unenf orceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

38. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an o riginal. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Ag reement and electronic signatures, facsimile si gnatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreem ent had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by t he signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party wi ll reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E- SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, emai l or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

Consultant Agreement with Griffin Structures, Inc. Page 13 IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.

CITY OF GARDENA CONSULTANT – GRIFFIN STRUCTURES

________________________________ _________________________________ Tasha Cerda, Mayor Name

ATTEST:

Sign:_____________________________
Title:

________________________________
Mina Semenza, City Clerk _________________________________ Name

APPROVED AS TO FORM:

Sign:_____________________________
Title:

Carmen Vasquez, City Attorney

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Dustin Alamo
Vice President
Executive Vice President
Jon Hughes

EXHIBIT A -

REQUEST FOR PROPOSAL
FOR

CMI SERVICES FOR THE GARDENA COMMUNITY AQUATIC &
SENIOR CENTER PROJECT, JN 978
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 1

CITY OF GARDENA

PUBLIC WORKS ENGINEERING

REQUEST FOR PROPOSAL
FOR

CONSTRUCTION MANAGEMENT AND INSPECTION (CMI)

SERVICES FOR THE GARDENA COMMUNITY AQUATIC AND
SENIOR CENTER PROJECT, JOB NUMBER (JN 978)

OCTOBER 2022

Memoranda:

Download the RFP & Appendix items here at https://cityofgardena.org/public-contracts/ DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 2

SUBMITTAL INFORMATION

All proposals must be received by the Public Work’s Office, at the City of Gardena, no later than:

Monday, November 14, 2022, at 4:00 p.m. in two (2) sealed envelopes – one shall be solely for the fee proposal . Proposals received after the time and date indicated above shall be deemed nonresponsive and returned unopened.

Consultants shall submit three (3) hard copies and one (1) PDF file on PC compatible USB drive for each sealed envelope.

Proposal for CMI Services for Gardena Community Aquatic and Senior Center Project (JN 978) Office of the Public Works Department
City of Gardena
1717 W. 162nd Street
Gardena, California 90247-3778

Contact Info: Kevin Kwak, Assistant Director of Public Works/City Engineer at [email protected] o r 310.217.9643

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 3

REQUEST FOR PROPOSAL
FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR

THE GARDENA COMMUNITY AQUATIC AND SENIOR CENTER PROJECT (JN 978)

OVERVIEW
The City of Gardena (City) is soliciting proposals from qualified c onsultant firms for C onstruction Management and I nspection (CMI) services for the Gardena Community Aquatic and Senior Center Project. Services include, but not limited to:

Providing constructability review of the plans, specifications and cost estimate (PS&E); oversee construction coordination meetings with the contractor and stakeholders; coordination of materials submittals; providing construction inspection and reporting; schedule tracking; review and recommend approval of contractor payment requests; oversight of contractors surveying, staking and assurance of monument preservation; review, negotiate, and recommend approval of contract change orders; coordination with utilities and other agencies; assure contractor labor compliance; records management; and assist in the required billing(s) for fund reimbursement. The project’s construction contract administration shall be in conformance to the APWA G reenbook, the City of Gardena’s local standards and the project specifications . The project will be constructed at the existing Primm Memorial Pool located at 1654 W. 160
th Street and the adjacent 16010 & 16004 S. Harvard B oulevard lots that will be vacant.

Qualified Consultant s are hereby notified that this project will be solely or partially funded with Proposition 68 and City General funds and shall adhere to all requirements under the program funding sources. This project is subject to local, and state regulations and procurement requirements.

The City makes no representation or guarantee as to, and shall not be responsible for, the accuracy, completeness, or pertinence of the Reference Documents, and, in addition shall not be responsible for any conclusions drawn therefrom. They are made available to the Proposer for the purpose of providing such information as is in the possession of the City, whether or not such information may be accurate, complete or pertinent, or of any value.

An electronic copy of this RFP is available for download at the City of Gardena Website https://cityofgardena.org/public-contracts/. Th
e City recognizes there may be questions or items
requiring discussion and/or clarification prior to each Firm’s preparation and submission of its proposal.

If questions do arise, direct all questions to Kevin Kwak via email at [email protected]. If necessary, clarifications, explanations, or instructions shall be sent in writing or electronically to all firms having requested this RFP and/or as an addendum posted on the City Website. Requests for Clarifications will not be accepted, nor responded to after 12:00 P.M. on Thursday , November 3, 2022 . Any interpretations or addenda issued by the City shall be incorporated into this RFP.

Proposers may not rely on any oral interpretations given by any City employee a nd may only rely upon officially issued, written addenda.

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 4

The City reserves the right to determine (in its sole discretion) if a formal pre -proposal session with candidate Firms will be required. The City's objective is to ensure an appropriate exchange of information prior to proposal preparation and submission to minimize both wasted effort by Firms and unnecessary follow-up by City personnel during the evaluation process.

The City currently anticipates conducting the selection process in accordance with the following schedule.

This schedule is subject to revision and the City reserves the right to modify the schedule as needed or necessary.

RFP released October 13, 2022
Deadline for questions, clarifications November 3, 2022 @ 12:00 p.m.

Proposal due November 14, 2022 @ 4:00 p.m.

Consultant interviews (if necessary) Week of November 28, 2022 Consultant selection and Council award December 13, 2022

PROJECT BACKGROUND
The existing Primm Memorial Pool, located at 1650 W. 160 th Street was built decades ago and has not been in operation since the summer of 2019 due to the state of the facilities . The facility has been red- tagged due to its deficiencies and did not meet the Health Department, Building Department, and Americans with Disabilities Act (ADA) requirements.

On September 28, 2021, the City Council approved the design Architecture and Engineering services for the project to RJM Design Group. The City also secured the project budget of $8.5M of Proposition 68 park grant and $6.5M Bond Proceed funds (General Funds) and $1.4M Federal Earmarks.

The existing pool facility is approximately 1,500 square feet and has shower s and locker rooms. The proposed new facility is 12,000 square feet. The community complex will be built on the acquired four - plex building that will be adjacent to the pool. The building will have amenities for the senior center and aquatic center. The senior center will have a reception/lobby, restroom, conference room, office, breakroom, storage room and kitchen/pantry. The aquatics center will have a ticket window, men/women’s locker room and family restroom.

The current Primm Pool is 25-yards with 6-lanes. The pool will be expanded to 8-lanes. There will be an aquatics center entrance, outdoor showers, bleacher seating, seat walls, shade structures, diving board, pool equipment/mechanical room and pool storage. The outdoor courtyard will have the exercise station, ADA accessible drinking fountain, picnic tables, barbecue grill and lawn area. There will also be ADA parking stalls.

The project is currently at 75% Construction Document (CD) phase and is scheduled to be completed by early 2023. In addition, the demolition of the existing pool, mechanical and facility buildings, and two four-plex buildings are currently underway as a separate construction phase. It is anticipated t o be completed by end of October 2022.

For reference only, City is additionally working with Southern California Edison to underground the existing Overhead (OH) utilities. All applications have been submitted to the utility companies; SCE, AT&T, and Charter’s design plans to be completed by November 2022 and anticipating a separate construction DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 5

in February 2023 prior to the community and aquatic center construction phase. This effort will be led by City and SCE.

The City intends to award the CMI contract to the chosen consultant before finalizing the CD phase to include constructability review in the scope and to enhance transition from design to construction phases.

SC OPE OF SERVICES TO BE PROVIDED
The City is seeking a qualified consultant firm to provide professional Construction Management and Inspection Services related to the proposed Gardena Community Aquatic and Senior Center Project including but not limited to: pool construction and its mechanical room, new community center building construction, earthwork and site grading, utilities, outdoor courtyard, ADA amenities and parking, landscape and irrigation installation, concrete slabs, walls, shade structures, and other pool and community center amenities.

The current 75% Construction Documents (CD) and the Conceptual Renderings are included in the Appendices. The project construction is anticipated to begin in Spring 2023 and will be completed by June 2024 to comply with Proposition 68, Park Grant funds. The probable Construction Cost at current phase is approximately $12.5M. In general, the City of Gardena uses the “Standard Specifications for Public Works Construction” (GREENBOOK), CSI Technical Specifications, and the City Standards Plans, as the basis of a project’s plans, specifications, and estimate. Other standard drawings used in the design are referenced on the plans and specifications. Additionally, the City Building permit will be acquired and it's plan check approval process.

The selected consultant shall provide one qualified Registered Civil Engineer serving in the capacity as Construction Manager responsible for Inspection and Contract Management for the construction of the project. Responsibilities include but not limited to:
• Attend all project related meetings
• Lead all meetings during the construction from pre-construction to final closeout • Provide a constructability review of the project plans, specifications, and engineer’s estimate • Maintain project files per City template
• Provide and supervise construction observation/inspection • Prepare construction inspector’s daily reports
• Review and track the contractor’s construction schedule • Assure contractor adheres to labor compliance requirements • Issue a weekly working day statement
• Coordinate with the City’s Project Manager, utility companies, and other agencies • Assist in acquiring all necessary permits with respective agencies • Review and track submittal approvals
• Provide public outreach as needed
• Review and make recommendation for contractor progress payments • Review and make recommendations regarding the contractor’s request for a contract change order
• Assure contractor to maintain a set of “as-built” plans • Schedule the final walk-through inspection and prepare a “punch-list” • Assure contractor to obtain all necessary permits and its approval DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 6

• Preparation of documents as required by auditors (as needed)

Task 1 – Meetings: The selected consultant will meet with City personnel for an initial kick-off meeting.

Once the contractor is awarded a contract the consultant will schedule a pre-construction conference inviting all of the Project’s stakeholders. In addition, the selected consultant shall conduct weekly coordination meetings with the contractor and stakeholders that will be involved with the following week’s work. The consultant shall prepare agendas and minutes for all meetings. The contractor will be required to provide a “look ahead” schedule at each weekly meeting that the selected consultant shall review and provide comment. These meetings may be held at the City Facility. However, the meeting location may be scheduled for an alternate site if agreed by the contractor and approved by the City.

Task 2 – Construction Management: The selected consultant must provide a qualified Registered Civil Engineer serving as a construction manager having at least 10 years of experience with similar projects and be responsible for the following tasks (City reserves the right to eliminate tasks as needed):

• Task 2a - Constructability Review: The construction manager shall be responsible for the review of the design plans, specifications, and engineer’s estimate at the 100% design milestone to advise on the constructability of the design and offer recommendations to improve construction efficiencies and/or reduce impacts to property owners, business and traveling public. These reviews shall take no longer than two (2) weeks to complete. The consultant shall meet with the Project Manager and City to discuss the recommendation.

• Task 2b – Provide Daily Construction Inspections: The construction manager shall supervise or provide him/herself the work of the project construction inspections . Review or prepare inspector’s daily reports and submit copies to the City on a weekly basis.

• Task 2c – Construction Schedule: The construction manager shall review the contractor’s project schedule and confirm that tasks are scheduled within appropriate timeframes with the least impact to the public. On a weekly basis , the construction manager shall review the contractor’s weekly look ahead schedule to confirm it is in compliance with the original schedule and that coordination with utility companies and agencies has been performed. If the weekly look ahead schedule is not in compliance with the original schedule, direct the contractor to make suitable adjustments.

• Task 2d – 3 Week Look Ahead Work Schedule: The construction manager shall prepare, maintain, and update a 3 week look ahead schedule and issue to the contractor and to the City weekly.

• Task 2e – Coordination: The construction manager shall be the City’s representative to assure contractor coordination with the design team, utility companies, other agencies, and City personnel.

As part of this task , the construction manager shall review and track all submittals by the contractor. A t a minimum, the tracking log shall be prepared to document: The date the submittal was delivered; who the submittal was transmitted to for comment/approval; and when DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 7

the submittal was returned with comment or approval.

• Task 2f – Review Contractor Payment and Contract Change Order Requests: The construction manager shall review all contractor payment requests and reconcile item quantities with field measurements. Once the reconciliation is complete and the contractor agrees the construction manager shall provide a written recommendation to the City for payment. The construction manager’s recommendation process shall take no longer than one (1) work week. If the contractor’s payment request is in error, the construction manager shall reject the request in writing stating the reason for rejection.

The construction manager shall review all contractor contract change order requests to confirm it is a valid request not covered by the plans and specifications. The construction manager shall also forward all requests to the design engineer for their input to the requests validity and cost.

If the request is valid and a reasonable cost established the construction manager shall forward the change order request to the City recommending approval.

• Task 2g – Review on Contract Claims: The construction manager shall be responsible in working with the contractor and resolving any issues prior to claims. The construction manager shall assist with City personnel in recommending the best solution to resolve disputed claims. Resolution of disputed claims shall be approved by the City Engineer or its designee.

• Task 2h – Final Walk Through and “Punch- List”: The construction manager shall arrange for a final walk-through inspection with the contractor and prepare a “punch -list” of items needed to be addressed to complete the work.

• Task 2i – “As-Built” Plans: The construction manager shall maintain a set of “as-built” plans.

These plans shall be submitted to the City once the project is completed.

• Task 2j – Public Outreach: The construction manager shall be responsible to keep the adjacent residents and property owners appraised of the progress of the construction. This task may include but is not limited to the: Distributing City approved flyers to the properties along the project route describing the proposed wor k and assuring the contractor informs residents/businesses of localized work that may impact their property; and responding to complaints.

• Task 2k – Survey – The selected consultant shall monitor all activities related to the contractor’s survey work including, but not limited to verification of field work, survey records, monumentation, etc. as required/needed for this project.

Task 3 – Construction Inspection and Reporting: The selected consultant shall provide experienced construction observation/inspection as required to assure compliance with the plans and specificat ions as needed/during all times the contractor is working, and such work requires inspection. Construction inspector shall have the full knowledge in the day -to-day operations and activities, coordination of all construction methods required for construction of the improvements included in the Gardena Community DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 8

Aquatic and Senior Center Plans and Specifications. It is anticipated/expected most of the work will occur during the day. The consultant shall report the daily progress of the work on forms approved by the City, produced by the consultant documenting the same information. The consultant shall document all personnel and equipment used for the day. The construction inspector’s report will need to incorporate photos including before, during and after construction. The format of the inspector’s daily report will need to be approved by the City. Copies of these completed forms shall be submitted to the City on a weekly basis.

Task 4 – Labor Compliance: The selected consultant shall enforce the contractor’s submittal of monthly certified payroll from both the prime contractor and all subcontractors. The consultant shall review the payroll to confirm the contractor is meeting contract and project requirements. The prime contractor shall be responsible to assure corrections of any payroll that does not meet contract or State requirements including making additional payments to employees, if necessary. All correspondence and corrections with and by the contractor shall be documented and forwarded to the City. Consultant will need to inform the City as soon as the consultant discovers the discrepancies or labor compliance violations. The consultant shall submit a monthly labor compliance report to the City. The report shall include certified payroll, correspondence corrections and consultant letter certifying the review and labor compliance in accordance to the State regulations.

Task 5 – Geotechnical and Materials Testing: The selected consultant shall provide geotechnical and materials testing to assure the contractor’s construction methods and materials meet the requirements of the plans and specifications.

RFP SUBMITTAL REQUIREMENTS
The City requires the proposer to submit a concise proposal clearly addressing all of the requirements outlined in this RFP. The proposal shall be signed by someone authorized by the proposer to execute a contract between the City and proposer. Proposal must include, at a minimum, the following sections; however, the proposer is encouraged to expand on the scope to fully address the project issues and deliver the completed improvements:

1. Cover Letter – Maximum one (1) page cover letter signed by an officer of the firm, binding the proposer to all of the commitments made in the submittal. The letter shall include, name, address and phone number of the person authorized to represent the proposer.

2. Methodology, Project Understanding, and Scope of Work – Maximum five (5) page description which enables the City of Gardena to assess the proposer’s experience and capability to perform the services as outlined in the Scope of Work in a structured and efficient fashion. Details with specific task descriptions to demonstrate that the proper has considered all aspects of the project and that the proper will cover them thoroughly. A list of the City’s responsibilities, if any, shall be included.

3. Personnel Qualifications/Experience – Maximum four (4 ) page summary of the relevant experience, work history, training, education and special certifications of the proposer’s personnel who will be performing the professional services contemplated under this RFP on the DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 9

proposer’s behalf. Briefly discuss the Consultant team's qualifications and experience with projects of a similar magnitude and nature. Proposers shall provide identical information for all sub-consultant’s performing any of the tasks or services contemplated under this RFP on the proposer’s behalf. Indicate whether your firm is a corporation, joint venture, partnership or sole proprietorship or a DBE. Indicate the name(s) of the owner(s) of your firm and number of years in business. An organization chart identifying the proposed team members shall also be included.

Resumes of the individual(s) and sub-consultants assigned to the project shall be provided as an attachment to the proposal.

The summary shall also include the office location of key personnel proposed to work on this contract. Relevant experience can include proposer’s overall experience, experience with similar projects and the experience of individuals on the proposed team. Show how the proposer’s experience relates to the demands of this project.

4. Quality Assurance/Quality Control Procedures - Maximum one (1) page brief description of the consultant’s approach to implement a Project-specific Quality Control Plan. Describe the major elements and steps of the quality assurance / quality control (QA/QC) program and procedures that will be followed for each deliverable (i.e. engineering discipline review, coordination review, constructability review, QA/QC control review, etc.).

5. Representative Project Descriptions and Client Reference – Maximum five (5) page to p rovide up to five examples of similar projects, including a respective brief description of proposer’s role(s) and responsibilities for each within the last five years. Additionally, each example shall include the client’s contact name and telephone number. Phone number shall be current, or the proposer will not receive credit for the reference.

6. Comments Regarding Contract (if any) – Submit comments, if any, to any clause(s) in the agreement that proposer objects to. Ensure that insurance and contract agreements can be met.

7. Hourly Breakdown by Task – The proposal shall provide a table that identifies each subtask and the number o f hours assigned to each team member for this task. This provides the City with information on the consultant’s understanding of the level of effort needed for the project. The consultant will not be held to the allocation of hours by subtask as the project moves forward but, will be held to the not to exceed amount identified in the cost estimate of consulting fee.

8. S
chedule Control – Time is of the essence. It is critical the proposer describe methods that can be used to keep the construction on sched ule within maximum of two (2) pages. The proposer shall illustrate methods they have used to assist a contractor to meet their proposed schedule.

Discuss previous projects where the consultant was able to avert a potential delay by implementing project management techniques.

9. C
ost Estimates of Consulting Fee – Each proposal shall include project specific fees. The costs are to be broken down by tasks and subtasks listed in the Scope of Work and shall indicate the proposed level of effort by staff, sub -consultants, and other overhead costs. A fee schedule DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 10

outlining hourly rates of the staff levels shall also be included. Consultant estimates shall be placed in a separate sealed envelope.

10. As applicable, submit a list of lawsuits filed within the past (5) five years against the firm’s Professional Liability Insurance policy (errors and omissions), if any. Accompanying each list shall be a declaration by a principal of the firm indicating careful review of such lists and adding appropriate information concerning the status or disposition of the lawsuits or cl aims. This information may be submitted separately and confidentially if so desired.

QUALIFICATIONS
The City intends to select the most qualified consultant available for this assignment that demonstrates a thorough understanding of the City’s needs and the ability to deliver the project in a reasonable timeframe and for a reasonable fee. It is imperative the Consultant’s proposal fully addresses all aspects of the RFP.

The proposal must clearly articulate the Consultant’s understanding of the project and the City’s specific requirements.

The City intends to rank the consultants based on the following factors (not necessarily listed in the order of importance):
• Expertise, Experience & Training Plus Prior Contracting History (50%) – The expertise, experience and training of the proposer and its key personnel, previous and recent experience with similar work/similar fields and qualifications on Senior and/or Aquatic Improvement Projects and depth of the staff that will perform the work on this project. This factor includes evaluation of the proposer’s prior contracting history, including the review of the proposer’s certifications relating to false claims, debarment and civil litigation.

• Project Approach (30%) – The proposer’s responsiveness in developing a comprehensive plan while meeting regulatory requirements and the City’s specific needs.

• Schedule Control (10%) – Proposal for completing the project in a timely manner, inclusive of the proposer’s ability to identify critical paths for the timely and competent completion of all work contemplated by the Project and documented previous similar project experience where projects were completed on or ahead of schedule.

• Compliance with RFP (10%) – The ability of the proposer to comply with all instructions set forth under this RFP as well as the proposer’s ability to agree to all of the terms and conditions of the attached PSA without modification, particularly as relates to indemnification, insurance requirements and standards of care.

The City will check the references of the top-ranked consultants for such things as record in accomplishing work in a timely manner for similar projects within budget, quality of work completed for the City or other public agencies, ability to work with City staff and the public, as well as any outstanding litigation.

The City shall negotiate an agreement with the most qualified consultant. If negotiations with such consultant are unsuccessful, the City will negotiate with the second most qualified firm. The selection DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 11

process will be complete once a contract is executed. When the City has reached an agreement with a consultant, all firms submitting a proposal will be notified of the results in writing.

Per City policy, the determination of the most qualified consultant shall be on the basis of demonstrated competence and qualifications for the type of services required. The fee proposal will remain confidential in the initial selection process and will not be used as the sole determining factor in consultant selection, but will be one determining factor if more than one firm is deemed qualified to perform the work required on the project.

The evaluation panel may, if it deems necessary, select certain proposers for oral interviews and/or presentations. Interviews apply only to the top finalist(s), as determined by the evaluation panel. The oral interviews will allow finalists to demonstrate their understanding of the project objectives and to articulate their capability to meet or exceed the requirements of this RFP.

GENERAL T

ERMS & CONDITIONS
By submitting a Proposal, the Consultant represent s that they have thoroughly examined and become familiar with the requirements of this RFP and can perform quality work to achieve the objectives of the City.

The City reserves t he right to withdraw the RFP at any time without prior notice. The City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City reserves the right to extend the deadline for Proposals, postpone reviewing the Proposals for its own convenience, reject any and all Proposals without indicating any reasons for such rejection(s), and negotiate with any qualified consultant. The City does not guarantee successful firms will be provided any projects.

The successful consultant(s) and sub-consultants are required to obtain and maintain a City of Gardena business license and insurance. The license and insurance shall be maintained for the duration of the Agreement. A current business license is not a prerequisite for submittal of the proposal.

The City is not liable for any costs incurred by the Proposers before entering into a formal agreement.

Costs for developing the Proposal or any other such expenses incurred by the Proposer in responding to this RFP and entirely the responsibility of the Proposer and shall not be reimbursed by the City.

The City is not responsible for Proposals which are delinquent, lost, incorrectly marked, sent to the wrong address, or sent by mail or courier service and not signed for by the City.

AGREEMENT & INSURANCE
The City’s Standard Consultant Services Agreement is included in Attachment A. The Consultant will be expected to enter into the Agreement without substantive changes. Any changes will require approval by the City Attorney.

The City’s standard insurance requirements is included as part of the St andard Consultant Services Agreement included in Attachment A.

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 12

ATTACHMENTS
Attachment A – Standard Consultant Services Agreement
Attachment B – 75% Construction Document Plans
Attachment C – Conceptual Rendering

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 13

ATTCHAMENT A

Standard Consultant Services Agreement
(Download available at https://cityofgardena.org/public-contracts/)

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 14

ATTCHAMENT B

75% Completed Construction Document Plans
(Download available at https://cityofgardena.org/public-contracts/)

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Page | 15

ATTCHAMENT C

Conceptual Renderings
(Download available at https://cityofgardena.org/public-contracts/)

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

REQUEST FOR PROPOSAL
CONSTRUCTION MANAGEMENT AND INSPECTION (CMI) SERVICES FOR THE GARDENA COMMUNITY AQUATIC AND SENIOR CENTER PROJECT, (JN 978)

ADDENDUM NO. 1

TO: ALL RFP HOLDERS
ADDENDUM NO. 1, AS DECRIBED BELOW, IS FOR USE OF FIRMS/COMPANIES SUBMITTING PROPOSALS FOR THIS PROJECT RFP. ALL PROPOSERS SHALL INDICATE ON THE BID PROPOSAL THAT THEY HAVE RECEIVED THIS ADDENDUM NO. 1

REVISIONS/CLARIFICATIONS TO THE REQUEST FOR PROPOSAL:

1. The construction period is estimated to start in Spring 2023 and to be completed by Jun 2024 as specified in the RFP. Assume that the construction period and the project close out to take 15 months, however all CMI services to be billed hourly based on Not to Ex ceed proposed total amount. The Contract Change Order will be considered if the project scope expands or goes beyond 15 months.

2. A Registered Civil Engineer as the lead Construction Manager will not be mandatory, however shall be a Certified Construction Manager from the Construction Management Association of America (CMAA) or equivalent at mi
nimum.

3. The CMI consultant shall provide day‐to‐day inspection services, however the formal authority and the final inspections are to be conducted by the City of Gardena Community Development Department and the L.A. County Health Department.

Additionally, any special/deputy inspections are to be provided by the Contractor per City di rection, however soil and material testing services shall be provided by the CMI consultant. The CMI consultant shall allocate a separate allowance amount for as‐needed soil and material testing and inspection services and City will consider a change order if additional hours are necessary.

END OF ADDENDUM NO. 1
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

EXHIBIT B -

GRIFFIN STRUCTURES' PROPOSAL & FEES
FOR

CMI SERVICES FOR THE GARDENA COMMUNITY AQUATIC &
SENIOR CENTER PROJECT, JN 978
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

CITY OF GARDENA
Construction Management & Inspection Services for the
Gardena Community Aquatic & Senior Center Project
JN 978
NOVEMBER 14, 2022
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 1 TECHNOLOGY DRIVE, BUILDING I, SUITE 829 | IRVINE, CA | 949.497.9000 | GRIFFINSTRUCTURES.COM November 14, 2022
City of Gardena
Kevin Kwak, Assistant Director of Public Works / City Engineer 1717 W. 162nd Street, Gardena, CA 90247-3778
RE: Proposal for Construction Management & Inspection Services for the Gardena Community Aquatic & Senior Center Project Dear Mr. Kwak & Evaluation Team,
As Griffin Structures celebrates 41 years of providing award-winning Program and Construction Management (PMCM) services, we are pleased to submit our proposal to the City of Gardena for the Community Aquatic & Senior Center. As you will discover within our proposal, we are uniquely qualified to deliver this project given our extensive community, senior, and aquatic center portfolio, local experience, demonstrated past and successful collaborations with RJM Design Group, deep public sector roots, and demonstrated team of aquatics and community facilities project experts.

INNOVATIONS + STRATEGIC CONSIDERATIONS
Within section 7 of our proposal, we have included, not only innovative approaches to achieve successful completion for this project, but critical considerations pertaining to aquatic facility improvements and proactive scheduling strategies. At Griffin Structures, it is our pledge to provide Excellence in Project Delivery. A testament to this core principle includes our completion of a variety of community, senior and aquatic centers, delivered both on-and-under budget and schedule, including the APWA national award-winning Newport Beach Marina Park Community & Sailing Center, and several additional high-profile projects.

TEAM OF COMMUNITY + SENIOR + AQUATICS EXPERTS
Our team will be led by Tim Shaw, Construction Manager for the Marguerite Aquatics Complex, Vista Hermosa Aquatic Center & Sports Park, and several additional community and aquatic center projects. Formally trained in landscape architecture with over 20 years providing Construction Management and Inspection for public projects, Tim will be supported by our seasoned leadership team, who have led the completion over 30+ community and senior centers in California, including the $52M Santa Clarita Canyon Country Community Center, Laguna Beach Community & Susi-Q Senior Center, Huntington Beach Senior Center, and countless additional, nationally recognized projects. Additionally, we have direct experience with the City’s selected design consultant, RJM Design Group, having delivered the Marguerite Aquatics Complex, as well as the $52M Lake Forest Sports Park & Recreation Center, and $20M Esencia Sports Park.

We have also partnered with Ninyo & Moore to provide Geotechnical & Materials Testing and The Solis Group to provide Labor Compliance Monitoring, as well as offer the supportive resources of Circlepoint for enhanced Community Outreach Services, and Bill Carr Surveys for Surveying Quality Assurance, should the City wish to utilize their services as well.

EXCELLENCE IN PROJECT DELIVERY
Griffin Structures takes great pride in providing both competitive pricing and highly qualified personnel and goes to great measures to ask, “What is our true value-added proposition to the City of Gardena?”. The answer to this question is our people.

We bring a higher caliber of Program and Construction Manager to our clients - one that is trained as an architect and builder but thinks like an owner. Our people offer creative delivery options, solutions-based recommendations, and a true perspective of ownership that our competitors do not possess. For this reason, we can provide a single point-of-contact that can deliver enhanced services at a competitive rate. This is our differentiator, and the meaning behind the Griffin Structures pledge to provide excellence in project delivery. We hereby acknowledge the receipt of all addenda.

We look forward to serving you,
Jon Hughes, Principal-In-Charge & Executive Vice President of Operations P: (949) 444-1615 | E: [email protected]
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

CONFIDENTIAL
California Civil Code § 3426.1 (d); California Evidence Code section 1040 and 1060; California Government Code section 6254(k); Freedom of Information Act, 5 U.S.C. § 552(b)(4) DO NOT RELEASE WITHOUT GRIFFIN STRUCTURES’ CONSENT &

REDACTIONS

TABLE OF CONTENTS

1. Methodology, Project Understanding & Scope of Work 1

2. Personnel Qualifications / Experience 5

3. Quality Assurance / Quality Control Procedures 9

4. Representative Project Descriptions & Client Reference 1 0

5. Comments Regarding Contract 1 5

6. Hourly Breakdown by Task 1 6

7. Schedule Control & Additional Innovations 1 8

8. Appendix 2 0
WHY GRIFFIN STRUCTURES?
Trained as builders but
think like owners, offering
thorough technical review &
daily project oversight.
40 years of Southern CA
public works Construction
Management & Inspection
experience.

Team of aquatics experts,
including aquatic facility
renovations & nationally
recognized olympic training
sites.

Vast community & senior
center experience, including
the recently delivered
$52M Santa Clarita Canyon
Country Community Center.

Prior & demonstrated
aquatics & community
center experience with RJM
Design Group.

Extensive experience with
Prop 68 fund allocation,
management & reporting.

DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

PIEDMONT AQUATIC
CENTER
$25,000,000 | 22,000 SF
Aquatic Center; Community Facilities
Methodology, Project
Understanding &
Scope of Work
SECTION NO.01
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Methodology, Project Understanding & Scope of Work

PROJECT UNDERSTANDING
We understand the importance the Gardena Community Aquatic and Senior Center project has for the City and the community, especially due to the fact that the current facility has been in disrepair for some time, and shuddered since 2019. In response to this challenge, the City has embarked on an ambitious plan to renovate the facility and expand it into neighboring properties to allow for a larger facility that can deliver an expanded program to the community.

This new facility will include a new 12,000 SF community complex that will include a Senior Center with a conference room, restrooms, reception lobby, offices, breakroom, storage and kitchen. Additionally, the facility will include an Aquatic Center with a ticket window, locker rooms, and family restroom. The new facility will also expand the pool from 6 lanes to 8 and provide all new site amenities including shade structures, diving board, pool and equipment room, an outdoor exercise station, picnic tables, barbecues and a lawn.

Griffin Structures is very familiar with renovating aged Aquatic Centers, as evidenced by our experience managing the City of Mission Viejo’s Marguerite Aquatics Complex, Rengstorff Pool for the City of Mountain View, and the Roberts Pool Renovation for the East Bay Regional Parks District. In each of these cases we have successfully managed, or are currently managing the renovation of an existing aged facility that presents unique challenges related to tight site conditions, unforeseen conditions, neighborhood relations, unique aquatic design challenges, and environmental concerns. In each case we have developed solutions to deliver these projects on time and on budget, and we will bring those solution to the City of Gardena on this ambitious project.

GRIFFIN STRUCTURES1. M E THODOLOGY , P R OJECT U N DERSTANDING & S C OPE OF W O RK 1 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

METHODOLOGY & SCOPE OF WORK
Griffin Structures approaches each project with the
perspective of an Owner and the insight of a Contractor.

Based on our unique blend of experience as both public
agency construction managers and at-risk fee developers, Griffin has the unique ability to provide enhanced services to its clients. Like an Owner, we approach every project with the perspective that it is our money, our schedule, and our facility that is being developed. Like a Contractor, we have the extensive field experience to understand the mindset of a Contractor, the often-hidden decision-making process, and an in-depth understanding of the technical issues
faced by a Contractor. With these two key components,
Griffin Structures provides construction management
services to ensure a successful project of the highest quality.

Specifically, regarding the critical aspects of this project, Griffin will employ the following approach.

1. Initial Assessment: Griffin Structures begins every project with a comprehensive Initial Assessment. This assessment provides the City with a fresh perspective on all aspects of the project and allows Griffin to assess the priorities for executing our services strategically. This assessment seeks to establishing the project schedule and project budget.

2. Identify Project Objectives: Once this initial assessment and resolution effort are achieved, Griffin will then move toward establishing a standard protocol for the project team as a whole.. Specifically, we will establish communication channels and policies, oversee document strategies,
specifically how the information will be communicated to the field, identify key challenges to the project, establish and formalize action items for respective team members, identify and reinforce key project objectives. With this two-part approach, Griffin will effectively execute a comprehensive project assessment that will serve as the guiding principles for the project moving forward. From there, will then provide the following tasks as listed in the RFP
Task 1: Meetings
At Griffin we have a robust approach to managing meetings.

We recognize that all construction projects succeed or fail based on the efficiency of communication among project
team members, and that clear and comprehensive meeting
agendas and minutes are key to that effort. In this way we will schedule, and host both a pre-construction meeting with the Contractor and project team, as well as schedule and host all weekly progress meetings. At minimum, these meetings will address the following; safety, 4 week look ahead, change order status, weekly statement of working days, submittal status, RFI status, public outreach concerns, old business, new business, utility coordination if any, SWPPP, field reports, and corrective measures.

Key to the success of both the pre-construction meeting and the regular weekly meetings will be close coordination with the City, which often takes the form of a separate preliminary meeting with just the owner to touch on any issues that are likely to arise and to ensure we are aligned with the City’s expectations.

Task 2: Construction Management
We take great pride in our unique approach to construction management, and have a robust construction management
protocol that is exhaustive and under continual
improvement. This approach will be manifested in each of the scope items listed in the RFP, and more. Specifically, we will employ the following methodology.

Constructability Review
Griffin will perform a comprehensive constructability review, in Bluebeam format, and will review the comments with
the design team to achieve clear and concise construction documents. This review will evaluate site staging, phasing, interconnectedness of trades, utilities, consistency between plans and specifications, Special Provisions and their
relation to the Division 01 specifications, clash detection, points of connection, and general clarity of the drawings for biddability and constructability.

GRIFFIN STRUCTURES

1. M E THODOLOGY , P R OJECT U N DERSTANDING & S C OPE OF W O RK 2 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Daily Construction Inspections
Our construction managers perform field walks of the
site multiple times per day. These inspections will include, SWPPP, safety, installations underway, material deliveries, field challenges, equipment count, manpower, weather
conditions, and any issues that may be occurring on the project. This will result in a daily report that will be filed with the Contractor’s daily report on a weekly basis.

Construction Schedule
After issuing the Notice to Proceed, we will proactively engage with the Contractor, including the proposed
scheduler, in a Pre-construction Scheduling Conference
to discuss the development of the baseline schedule. At the conference, we will review the construction schedule specifications, discuss any coordination requirements,
clarify any questions for the schedule development, and review and discuss the methodology for the schedule and sequence of construction.

During the construction phase, we will review and evaluate the baseline for conformance to specifications and ensure they identify the full scope of work and all specification requirements. We will review the narrative describing how the schedule was developed, WBS, activity durations, logic and sequencing of work, and all challenges to scheduling the work. The schedule review will include all tasks required with appropriate activities, durations, and sequencing
(i.e., predecessor/successor logic) for mobilization, critical submittals, procurement and delivery, construction and field activities, testing, inspection, commissioning, certification, start-up, and close-out activities.
3-Week Look-Ahead Schedule
At each progress meeting, the Contractor will be required to produce and present a 3 week look ahead schedule
which will break down the tasks listed in the baseline
schedule in more detail. During that review, we will evaluate the progress in the field compared to the progress in the schedule and alert the team if shortcomings arise.

Coordination
Griffin will function as the primary coordinator for the project as it relates to outside agencies, staff, and project team members. To coordinate and document this effort
Griffin uses our cloud based document call “Submittal
Exchange”. By utilizing this cloud based format, Griffin Structures is able to establish a single document portal that saves and manages all project documents including
submittals, RFIs, daily reports, change orders, plan changes, photographs, and any other project related data.. Utilizing this cloud based system as a single source of document
control provides clear and consistent communication to
the field, ensures comprehensive document coordination, protects against claims, accelerates the construction
schedule by streamlining communications, and ultimately saves the entire project significant costs by eliminating printing and shipping, and improves efficiency. For further information on Submittal Exchange see: http://www2.
submittalexchange.com/public
Contractor Invoices & Change Orders
Griffin is keenly aware of the importance of maintaining financial controls over the invoicing process. Accordingly, we will establish a methodical approach to reviewing
invoices specifically by establishing a very detailed
Schedule of Values, review all invoices for consistency with improvements installed in the field, investigate the Contractors payment policies to subcontractors to avoid issues of non-payment, evaluate subcontractor performance to anticipate potential bankruptcies of subcontractors who are not adequately solvent to perform on the job.

Construction projects are inherently iterative operations.

With multiple efforts, and coordination of tasks and efforts underway concurrently, managing the discovery and correct identification of changes is particularly challenging. To that end, we go to great lengths to manage a process that does not lend itself to changes, by managing the submittal and RFI process carefully. Nonetheless, when a legitimate change occurs, we will review and address all possible
changes in work to confirm there is merit, there is back up to the charges, proper mark up’s are used, and that
the hours and rates for labor are consistent with contract requirements.

GRIFFIN STRUCTURES

1. M E THODOLOGY , P R OJECT U N DERSTANDING & S C OPE OF W O RK 3 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Contract Claims
Claims are to be avoided at all costs, which means all change orders and field issues need to be managed expeditiously to avoid the making of a claim. That being said, when a claim arises, we strive to establish clarity of the issue, clear documentation, fair review of issues, and recommendations to the City for resolution. Thankfully, we rarely find claims on our projects, and when they do arise, they are often resolved quickly.

Final Walk Through & Punch List
Griffin will host a final walk through and oversee the
production of a punch list which will be attached to the notice of substantial completion. We will then work with the City and the contractor to arrange for the correction of the remaining items in a manner that minimizes disruption to the facility if operational.

As-Built Plans
Griffin will collect all As-Built plans continuously throughout the project to ensure all changes and/or elements installed by means and methods are properly accounted for. We then recommend having these as-builts converted into a final As Built plan set by the Architect of Record.

Public Outreach
At Griffin we feel strongly that a project is only as successful as it is perceived as successful by the public. To this end we use multiple tools for maintaining a positive public opinion including, establishing a 24 hour hotline, monthly community flyers, neighborhood tours, and content for City staff to upload to any website or communication portal.

Additionally, should the City wish to enhance these services, we have included Circlepoint as an ADD ALTERNATE.

Circlepoint is a leader in public sector communications, and we would be happy to discuss any enhancements the City
may need.

Survey
Typically, we will enforce survey staking requirements by requesting the Contractor provide all stake reports and then performing periodic inspections and measurements in the field. However, in this case we have included Bill Carr Survey as an ADD ALTERNATE to perform peer review surveying of key elements in the field.

Task 3: Construction Inspection and Testing
Griffin will coordinate all special inspections and testing in close collaboration with the Contractor. This will include those being performed by our subconsultant Ninyo & More, as well as those under contract directly with the City. We will also work closely with the City’s building department to ensure all inspections are scheduled and performed
appropriately.

Task 4: Labor Compliance
For Labor Compliance we have teamed with the Solis
Group who is a leader in this industry and has a wealth of experience performing labor compliance. Accordingly, they will oversee payment of prevailing wages, fringe Benefit Statement submittal, use of apprenticeships, required
submittals (Certified Payroll Records and related documents, apprenticeship program participation forms (DAS-140 and CAC-2), and all other state labor requirements.

Task 5: Geotechnical & Materials Testing
Griffin has teamed with Ninyo and Moore to provide
geotechnical inspections and materials testing. Ninyo
will evaluate subgrade conditions, footing bottoms, pre- saturation conditions, and perform the required break
tests for all concrete pours. We will go to great lengths to coordinate our scope on concert with the City’s special inspections firm to assure the is no overlap of scope.

GRIFFIN STRUCTURES

1. M E THODOLOGY , P R OJECT U N DERSTANDING & S C OPE OF W O RK 4 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

NEWPORT BEACH MARINA

PARK COMMUNITY &

SAILING CENTER
$36,000,000 | 24,000 SF
Community Facilities; Delivered Under
Budget & Ahead of Schedule; APWA
National Project of the Year
Personnel
Qualifications /
Experience
SECTION NO.02
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 THE PROJECT TEAM WILL BE MANAGED BY:

Our team will be comprised of the following individuals:

Jon Hughes, Principal-In-Charge, and Robert Godfrey,
Project Executive, providing oversight to;
Tim Shaw, Construction Manager, with vast aquatics and
community facilities experience. Tim has also worked with RJM Design Group for the Marguerite Aquatics Complex
and is a registered landscape architect with over 22 years of Southern California public works construction experience.

Tim will be supported by;
Ninyo & Moore, to provide Geotechnical & Materials Testing services
The Solis Group, to provide Labor Compliance Monitoring services
Circlepoint to provide enhanced Community Outreach
Bill Carr Surveys, to provide Surveying Quality Assurance services

ORGANIZATION TYPE
Griffin Structures is a California S-Corporation

LEADERSHIP
Griffin Structures leadership team is comprised of:

Chief Executive Officer, Roger Torriero
Chief Operations / Financial Officer, Mark Hoglund
Executive Vice President of Operations, Jon Hughes
Executive Vice Pres. of Project Development, Kelly Boyle Vice President, Dustin Alamo

YEARS IN BUSINESS
41 Robert Godfrey
CCM
Project Executive
Tim Shaw
RLA
Construction Manager
Jon Hughes

CCM, DBIA
Principal-In-Charge

PROJECT SUPPORT
Bill Carr Surveys
Surveying Quality
Assurance
Ninyo & Moore
Geotechnical &
Materials Testing
Circlepoint
Outreach
Specialist
The Solis Group
Labor Compliance
Monitoring
* Subconsultant resumes can be found in the appendix
GRIFFIN STRUCTURES2. P ER SONNEL Q U ALIFICATIONS / Ex P ERIENCE 5 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Jon Hughes

CCM, DBIA
Principal-In-Charge

EDUCATION
Bachelor of Science, Philosophy and History,
Westmont College

CERTIFICATION
Certified Construction Manager (CCM\
Design Build of America Institute (DBIA)
Associate

AFFILIATIONS
NAVFAC and US Army Corps Construction
Quality Management (CQM) Program

YEARS OF EXPERIENCE
29 YEARS WITH GRIFFIN
12 (started 2008)

QUALIFICATIONS
Jon Hughes’ career spans the region’s most prestigious properties in California. His experience and skills with program and construction management tools and processes have enabled him to deliver winning results on every project. Jon’s resume highlights include newly constructed, expanded, and renovated parks, trails, and significant open space projects. Jon’s construction management experience includes pre-construction services, bid review, contract negotiations, safety protocols, site evaluation, quality control, budgetary controls, change order review, supply chain management, schedule review and enforcement, site staging, off-sites and grading, inter-contractor coordination, punch list, and turnover.

REPRESENTATIVE EXPERIENCE
Laguna Beach Susi-Q Senior Center, CA
Huntington Beach Senior Center, CA
Mountain View Rengstorff Park Aquatic Center, CA
Piedmont Aquatic Center, CA
San Bruno Recreation & Aquatics Center, CA
Great Park Ice & FivePoint Arena, Irvine, CA
Newport Beach Marina Park Community & Sailing Center, CA East Bay Regional Parks District, Aquatic Center, Oakland, CA Marguerite Aquatics Complex, Mission Viejo, CA *RJM Project Burlingame Community Center & Washington Park, CA
Santa Clarita Canyon Country Community Center, CA
Yorba Linda Library & Cultural Arts Center, CA
Salinas Hebbron Family Center, CA
Rancho Palos Verdes, Ladera Linda Community Center & Park, CA Quail Hill Community Center, CA
Carlsbad Pine Avenue Community Center & Gardens, CA
Fullerton Multigenerational Community Center, CA
Vernola Park Expansion & Community Center, Jurupa Valley, CA El Gabilian Branch Library, Salinas, CA
Skyview Event Ctr, Jurupa Valley, CA *RJM Project
Santa Cruz Downtown Library, Housing, Mixed-Use Project, CA Half Moon Bay Library, CA
County of Los Angeles, Quartz Hill Library, CA
Esencia Sports Park, Rancho Mission Viejo, CA *RJM Project Yorba Linda Adventure Playground, CA *RJM Project

GRIFFIN STRUCTURES

2. P ER SONNEL Q U ALIFICATIONS / Ex P ERIENCE 6
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Robert Godfrey
CCM
Project Executive

EDUCATION
Bachelor of Science, Management, The Georgia
Institute of Technology, Atlanta

CERTIFICATIONS
Certified Construction Manager (CCM)

AFFILIATIONS
Construction Management Association of
America, Member

YEARS OF EXPERIENCE
21 QUALIFICATIONS
Robert Godfrey brings more than 16 years of combined experience in construction management and planning. As a construction manager, he has been involved during all phases of development and construction. His responsibilities as a project/construction manager have entailed pre-construction services, public and stakeholder outreach, managing entitlement and plan check processes, obtaining building permits and coordinating inspections, and generating punch lists and overseeing project closeout.

Robert has a proven record of project management involving effective communication with design team members, coordinating consultants, vendors and contractors - all to assure the client’s goals and objectives are achieved.

REPRESENTATIVE EXPERIENCE:

Rancho Palos Verdes, Ladera Linda Community Center & Park Santa Clarita Canyon Country Community Center, CA
Vernola Park Expansion & Community Center, Jurupa Valley, CA Rancho Palos Verdes Civic Center (Community Center, Plaza, EOC/ Maintenance Yard, Sheriff Substation, Council Chambers), CA Quail Hill Community Center, Irvine, CA
Lawndale Community Center, CA
Skyview Event Ctr, Jurupa Valley, CA *RJM Project
Rancho Cucamonga Sports Center, CA
South Gate Urban Orchard, CA
LANLT, Wishing Tree Park
Heal the Bay Inell Woods Park, Los Angeles, CA
Trust for Public Land (TPL), Proposition 84 Funded Park Program & Green Alleys, Various Locations, Los Angeles, CA
Rudolph Park, Lawndale, CA
Carlton Way Pocket Park, Hollywood, CA
Maywood Avenue Park, Los Angeles, CA
Monitor Avenue Park, Los Angeles, CA
Patton St. Pocket Park & Garden, Echo Park, CA
Bicentennial Park, Hawthorne, CA
Avalon Green Alleys, Los Angeles, CA
Madison Park, Los Angeles, CA
South Victoria Park, Los Angeles, CA
Zamora Park, El Monte, CA
Multiple Green Alleys, Los Angeles, CA

GRIFFIN STRUCTURES

2. P ER SONNEL Q U ALIFICATIONS / Ex P ERIENCE 7
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Tim Shaw
RLA
Construction Manager

EDUCATION
Master of Landscape Architecture, Ball State
University
Bachelor of Science, Geography/ Geology
Minor, Indiana State University

CERTIFICATION
Registered Landscape Architect, RLA #5075
Certified Pool Operation Course & Certificate

AFFILIATIONS
San Clemente Beaches, Parks & Recreation
Commission
Orange County Regional Recreational Trail
Advisory Committee

YEARS OF EXPERIENCE
22 QUALIFICATIONS
Timothy Shaw is an accomplished program and construction manager as well as a registered landscape architect. His specialized expertise encompasses professional design and technical oversight for the management of public park and recreation lands and facilities. As program and construction manager, he ensures that costs remain within budget and projects are completed on schedule. Tim’s all-inclusive role includes oversight of plans and specifications for park construction projects, coordination of bidding, and monitoring the construction. Other areas of expertise include park improvement concept designs, feasibility studies, cost analysis, and securing grants for capital improvement projects.

REPRESENTATIVE EXPERIENCE
Marguerite Aquatics Complex, Mission Viejo, CA *RJM Project Vista Hermosa Aquatic Center & Sports Park, CA
San Bruno Recreation & Aquatics Center, CA
Mountain View Rengstorff Park Aquatic Center, CA
East Bay Regional Parks District, Aquatic Center, Oakland, CA Aliso & Wood Canyons Wilderness Park, Laguna Niguel, CA Tustin Peppertree Park, CA
San Clemente Aquatics Center & Vista, CA
Pier Bowl Upgrades, San Clemente, CA
San Gorgonio Park Renovation, San Clemente, CA
Steed Park Renovation, San Clemente, CA
Santa Ana River Trail Park, Southern CA
Irvine Regional Park, CA
Courtney’s Sandcastle Sensory Garden, San Clemente, CA
Capistrano Villas Park & Playgrounds, San Juan Capistrano, CA San Clemente Beaches, New Construction & Renovations, CA Indianapolis Indy Park, CA

ADDITIONAL REFERENCE
City of San Bruno
Ann Mottola
Community Services Director
(650) 616-7181
[email protected]

GRIFFIN STRUCTURES

2. P ER SONNEL Q U ALIFICATIONS / Ex P ERIENCE 8
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

BURLINGAME

COMMUNITY CENTER
$52,000,000 | 37,000 SF
Community Center
Quality Assurance /
Quality Control
Procedures
SECTION NO.03
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Quality Assurance / Quality
Control Procedures
Quality Assurance and Quality Control Procedures are critical to a successful project Griffin construction managers are inherently construction inspectors. By utilizing our keen understanding of all aspects of construction, our construction manager will perform regular inspections of all aspects of the project on a daily basis. We will review material deliveries, material types, installation methods, finished installations in comparison to contract documents, and construction code adherence.

Additionally, we will coordinate the timely execution of all specialty inspections including but limited to: geotechnical, building dept., special inspections, and materials testing, to insure the City receives the highest level of quality and consistency with the plans and specifications as well as all standards and practices.

Photography & Technology
Griffin employs the use of multiple forms of photography and technology to enforce the quality of the construction process. Accordingly, we will perform the following:

Record Existing Conditions: Before a contractor begins construction, we will perform a detailed video surveillance of the entire site and the surrounding site to insure there is not any damage to the existing infrastructure, as well as mitigate against any potential future claims.

Daily Photography: Griffin will photograph the progress of the job on a daily basis. This will serve as a record of the project throughout the duration of the job, as well as serve as a vehicle for resolving issues.

Bluebeam Technology: Griffin employs the use of Bluebeam technology to facilitate in the communication of challenges in the field for their quick resolution and documentation.

Field Observation Reports
On a weekly basis, we will employ the use of our Field Observation Report.

Typically updated and presented at the weekly meeting, we will track all issues, and observations, identified by the CM as well as the project team as a whole (design team, City, operations staff etc.) and track them on this log. The log will identify the issue, the date it was observed, a photograph of the issue, and a resolution description once the item has been closed. In effect this log serves as a running punch list of all issues identified, and thereby addresses these issues in a timely manner.

Though not exhaustive, this is a basic summary of our approach to the management of this project. A more detailed description of the scope identified in the RFP is listed in the scope of work section of our response. Nonetheless, we hope we have adequately articulated our general approach to construction management.

GRIFFIN STRUCTURES3. Q U ALITY A S SURANCE / Q U ALITY C O NTROL P R OCEDURES 9 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

YORBA LINDA LIBRARY &

CULTURAL ARTS CENTER
$52,000,000 | 59,000 SF
Community Center
Representative Project
Descriptions & Client
Reference
SECTION NO.04
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 “Griffin was instrumental in keeping the project running efficiently and should be commended for professionalism, expertise, patience, and efforts in managing the site.” City of Mission Viejo
Marguerite Aquatics Complex

MISSION VIEJO, CA
Griffin Structures is providing Program and
Construction Management for the design
and construction of a new dive tower, pool,
and complete site renovation of the iconic
Marguerite Aquatics Complex in Mission
Viejo. The aquatics complex and the
competitive programs that operate here
have produced several Olympic swimmers
and divers, many of which went onto to
medal in their respective events.

The project consists of the complete
demolition of most site elements and
taking the existing pools down to their
concrete shells; the demolition of an
existing dive tower which by its own merits
was an iconic symbol for the Nadadore’s
Diving Program. A new Dive Tower, which
will be enclosed with the Mission Viejo
signature stone veneer, and will have
multiple platforms is a focal point for
project.

Other elements being constructed include
two new mechanical buildings for the
Activity and Dive Pools; pre-fab, office
and storage buildings; multiple shade
structures; bleachers and a Grand Stand;
Dry-land training pits for the dive program;
and a warming pool/spa.

This project managed by Tim Shaw, also
included RJM Design Group.

VALUE + SIZE
<$20M | 2 Acres
CLIENT + CONTACT
Keith Rattay
Assistant City Manager /
Director of Public Services
(949) 470-3018
krattay@cityofmissionviejo.
org

RELEVANCE
Tim Shaw Project; RJM
Design Group Project;
Aquatic Center
GRIFFIN STRUCTURES4. R E PRESENTATIVE P R OJECT D E SCRIPTIONS & C L IENT R E FERENCE 10 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 The pre-engineered metal building design for this project resulted in materials and construction labor savings of more than $900,000.

Vista Hermosa Sports Park & Aquatics Center

SAN CLEMENTE, CA
The Vista Hermosa Sports Park and
Aquatics Center features include two
swimming pools and a water play area
along with several ball fields, and a large
children’s play area.

Specific work included sewer, storm drain,
gas, power, potable and recycled water
lines, telephone, grading, curb and gutter,
parking lots, asphalt paving, roadway
widening, aquatics complex with 50-meter
competition pool and 25-yard activity pool
with water play feature and zero-depth
entry, pool house, mechanical building,
landscaping and hardscaping, 2 soccer
fields, and a football / La Crosse field with
synthetic turf.

VALUE + SIZE
$27M | 46 Acres
CLIENT + CONTACT
City of Anaheim
Sean Nicholas
Principal Planner
(714) 765-4968
[email protected]

RELEVANCE
Tim Shaw Project; Aquatic
Center; Community Facilities

GRIFFIN STRUCTURES

4. R E PRESENTATIVE P R OJECT D E SCRIPTIONS & C L IENT R E FERENCE 11 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 The 30-acre site features amenities to support team sports as well as recreational and family activities.

Esencia Sports Park

RANCHO MISSION VIEJO, CA
Designed to fit into a tiered landscape
concept, Esencia Sports Park is a 30-acre
multi athletic park site in one of Rancho
Mission Viejo’s newest communities.

The lower park site encompasses two
lighted baseball fields and one lighted
softball field with supporting amenities,
including covered dugouts, attached
bullpens and soft toss cages, tiered
concrete spectator seating, batting cages
and scoreboards. A lighted multi-use
soccer field with tiered concrete spectator
seating and a 1,500 SF concession/
restroom building support the team sports
uses.

The lower park also includes a children’s
tot lot and play features. The upper park
site encompasses two lighted tennis
courts, two lighted pickleball courts,
a swimming pool with three swim
lanes, splash pad, and a 1,500 SF pool
building. The pool area amenities include
community barbecues and fire pits as
well as cabanas surrounding the pool for
comfort.

This sports park was envisioned as a
center for sports and family activities with
connections to Esencia’s network of trails.

VALUE + SIZE
$20M | 30 Acres
CLIENT + CONTACT
Rancho Mission Viejo Co
Bill Sadler, Construction Mgr
(562) 221-9779
[email protected]
RJM Design Group
Larry Ryan, Principal
(949) 374-4435
[email protected]

RELEVANCE
Tim Shaw Project; Aquatic
Center; Community Facilities

GRIFFIN STRUCTURES

4. R E PRESENTATIVE P R OJECT D E SCRIPTIONS & C L IENT R E FERENCE 12 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 This project was completed on schedule and with $180,000 returned savings to the client.

Laguna Beach Community & Susi-Q Senior Center

LAGUNA BEACH, CA
This project began with detailed
programming and planning for the
Laguna Beach Senior Center, but evolved
into turn-key program management for
the Laguna Beach Senior Center, the City
of Laguna Beach Community Center, and
an associated underground common
parking garage.

Flexibility is a hallmark of the Susi Q.

Although each room has a primary
purpose, most serve multiple functions.

The multipurpose room or great room
serves as a lunchroom, a large group
activities room, as well a community
gathering spot for as many as 100 people.

The entire project sits above a 71-space
garage, which includes handicap spaces as
well as room for small buses to enter and
discharge passengers next to a wheelchair-
accessible elevator. This lower lobby area
also can be reached via a walkway from
the street.

VALUE + SIZE
$12M | 20,500 SF
CLIENT + CONTACT
Ken Frank. Retired City
Manager
(949) 497-1815
[email protected]

RELEVANCE
Senior / Multi-generational
Community Center; Public
Project

GRIFFIN STRUCTURES

4. R E PRESENTATIVE P R OJECT D E SCRIPTIONS & C L IENT R E FERENCE 13 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Santa Clarita Canyon Country Community Center

SANTA CLARITA, CA
Our team is currently providing
construction management services for
the development of a new 27,780 SF
community center and accompanying
outdoor recreational facilities on a 16.5-
acre project site in the City of Santa
Clarita. Phase I includes improvements
to Mint Canyon Channel, from an open
channel to a double reinforced concrete
box with drainage improvements and
an underground stormwater infiltration
system. Phase II will consist of precise
grading, architecture/building, and offsite
improvements.

Outdoor improvements include open play
areas, outdoor market/mercado, an event
stage area, a basketball half-court, an
events garden, shade structures, outdoor
restroom building, and a perimeter trail.

Indoor spaces will include a multipurpose
room, gymnasium, classrooms, catering
and teaching kitchen, fitness room, staff
offices, reception lobby, and supporting
uses such as restrooms and storage
areas. The Mint Canyon Channel has
been improved from an open channel
to a double reinforced concrete box,
drainage improvements, and underground
stormwater infiltration system.

VALUE + SIZE
$58M | 28,000 SF
CLIENT + CONTACT
City of Santa Clarita
Wayne Weber
Retired Parks Planning
Manager
(661) 255-4961
[email protected]

RELEVANCE
Multi-generational
Community Center
AWARDS
APWA BEST Project; Peninsula
Clean Energy Award
“The Griffin team helped maintain positive relationships with the project team, utilizing a strong background in inspection to delivery this fairly complex project successfully.” City of Santa Clarita

GRIFFIN STRUCTURES

4. R E PRESENTATIVE P R OJECT D E SCRIPTIONS & C L IENT R E FERENCE 14 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

LAGUNA BEACH

COMMUNITY & SUSI-Q

SENIOR CENTER
$17,000,000 | 21,000 SF
Community & Senior Center
Comments
Regarding
Contract
SECTION NO.05
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

EXCEPTIONS
We have reviewed the Agreement of Services for the City of Gardena and have included the proposed exceptions and deviations below.
• At 7, first line, delete “or exceed”
• At 11 C 3, last line, delete “return receipt requested” • At 11 C 4, second sentence. In our role as Construction Managers, it is our understanding that this sentence wouldn’t apply to us.
• At 11 C 5 a, delete “agents” and “and volunteers”
• At 11 C 5 b, delete “be suspended or voided” and “nor the coverage or limits reduced”. • At 11 C 5 c, delete “agents” and “and volunteers.”
• At 11 C 5 d, delete “agents” and “and volunteers.”
• At 11 D, delete the first sentence.
• At 11 E, delete “agents and volunteers.”
• At 12, delete “defend” (1st line), “agents” and “and volunteers” (2nd line), “agents” and “and volunteers” (5th line), “shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants” (7th, 8th, 9th lines), “agents” and “and volunteers” (13th line).
• At 12, delete the sentence beginning with the word “Notwithstanding” starting on the 19th deleted in its entirety and replaced with: “Consultant has no obligation to pay for any of the indemnitees’ defense related costs prior to a final determination of liability or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of the Consultant.”
• At 21, first line, delete the word “warrants” and replace with “represents”.

We respectfully request, and welcome, the opportunity to review and discuss the above comments with the City and its legal counsel.

Thank you.

LITIGATION
Griffin Structures does not have any alleged, significant prior or ongoing, contract failures, civil or criminal litigation or investigation pending which involves Griffin Structures being judged guilty or liable.

GRIFFIN STRUCTURES5. C O MMENTS R E GARDING C O NTRACT 15 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

FULLERTON

MULTIGENERATIONAL

COMMUNITY & AQUATIC
CENTER
$28,000,000 | 60,000 SF
Multi-Generational Community Center;
Aquatic Center
Hourly
Breakdown
by Task
SECTION NO.06
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Resource Allocation Schedule
PROJECT PHASE 2023

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

PRE-CONSTRUCTION
Constructability Review
A/E Incorporate Comments
Contractor Bidding & Award

CONSTRUCTION
Construction
Plant Establishment and Closeout

JAN FEB MAR APR MAY JUN JUL

CONSTRUCTION
Construction
Plant Establishment and Closeout

MONTHLY STAFFING HOURS TOTALS
Principal In Charge - Jon Hughes 4 4 4 4 4 4 - 68
Project Executive - Robert Godfrey 10 10 10 10 10 10 4 174 Construction Manager - Tim Shaw 172 172 172 172 172 172 90 2,648 PROP 68
Griffin Structures is inherently familiar with the
California State Parks, Statewide Park Grants due
to a variety of our clients which utilize this crucial
funding source. We understand that Proposition
68 awards a net Allocation, Enacted Appropriation,
and Specific Approved Outyear Commitments,
offering assistance in monitoring these grant fund
expenditures allocated to the City.

RJM DESIGN GROUP
Griffin Structures has completed several projects in coordination with RJM Design Group. Together, we have overseen the delivery of the following projects:

Marguerite Aquatics Complex [ incl Tim Shaw, proposed CM ] Esencia Sports Park, Rancho Mission Viejo Company
Sky View Event Center, Jurupa Area Recreation & Park District Lake Forest Sports Park & Recreation Center

ANTICIPATED CITY INVOLVEMENT
At Griffin Structures, we truly see ourselves as an extension of staff. As such, we will take a leadership role in all project coordination and communication efforts and work closely with the City staff to do so in a consistent manner with your protocols. Nonetheless, some tasks will need to be performed by the City, specifically as it relates to items that only City staff employees can perform. These would include assistance and support from City departments, financial matters that only the City can execute, procurement processes, and staff dependent, decision-making, and final selection. In essence, Griffin Structures will lead the entire process and manage all team efforts, but we will also need the City to coordinate with us as it relates to these and other functions for which we do not have the authority or execute. And of course, the key to this success will be a single point of contact with the City to whom we will report.

GRIFFIN STRUCTURES6. H O URLY B R EAKDOWN BY T A SK 16 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

SANTA CLARITA CANYON

COUNTRY COMMUNITY
CENTER
$58,000,000 | 28,000 SF
Community Center; Channel
Improvements
Schedule Control
& Additional
Innovations
SECTION NO.07
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Schedule Control + Additional Innovations
Given the current supply chain issues impacting the construction industry, how will the construction manage implement a strategy that mitigates potential delays due to long lead procurements? Our Construction Manager will work closely with the successful Contractor to identify key long lead items at the very beginning of the project. This list may include, steel, design build shade structures, single ply roofing, any oil-based products (HDPE, polyethylene, PVC, mastics, etc.) and high-performance coatings, mechanical units, sheet metal, and/or rebar. All of these materials have lately demonstrated a vulnerability to supply chain issues. By identifying and prioritizing these materials this will allow the team to focus all submittals, shop drawings, and their approvals to manifest their acceleration.

How might the Construction Manager implement a strategy to expedite deferred submittals? As in many complex projects there are deferred submittals that have a large impact on the progress of a project. Similar to long lead items, any deferred submittals will be prioritized at the beginning of the project to ensure that sufficient time is accounted for the incorporate all the stages of the process. This process will include, subcontractor engineering, subcontractor engineering and architectural coordination, architectural review acceleration, and building department review acceleration.

We accomplish this goal by engaging in a cohesive communications effort that involves early engagement of all parties, including preliminary building department engagement. By taking these steps we can ensure the deferred submittal process does not derail the project and construction can continue uninterrupted.

How might the project documentation be managed in such a way that avoids delays due to issues in the field and RFIs?
The speed with which the flow of information is conveyed is key to keeping a project on schedule. Additionally, the accuracy of the information provided, and confirming it is actionable and answers the question, is key to avoiding redundant RFIs and delays in the field. Using our cloud-based document management system allows for all parties to know which items are prioritized, in whose court the current effort resides, allowing all answers to be reviewed by the Construction Manager prior to release, and ensures the answers do in fact answer the question. In addition to the ways this system facilitates schedule controls, it also mitigates change orders that arise from RFIs the result in scope increases and places the primary focus on activities in the field rather than background documentation.

Maintaining proper schedule controls for a project is essential, especially as it relates to complex project like this one. Griffin Structures has a wealth of experience managing schedules and coming up with solutions to maintain the schedule. To convey these strategies, we list below a series of questions which allow us to describe some of those strategies.

GRIFFIN STRUCTURES7. S CHEDULE C O NTROL & A D DITIONAL I N NOVATIONS 18 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 What schedule recovery solutions might the Construction Manager bring to bear to overcome delays? The Contractor is ultimately responsible for the means and methods of their process, and the construction schedule is a direct result of that core responsibility. Nonetheless, schedule delays do occur and Griffin has become adept at implementing creative solutions to schedule issues that will aid the Contractor and the City. Some of those solutions include; reorganizing critical path tasks to occur simultaneously, reorienting the site staging areas to allow more work to occur in more areas, establishing a more rigorous field issues protocol that allows for real time answers with formal RFI documentation at a later date, and of course, enforcement of the contractual language which typically requires the Contractor produce a recovery schedule that is realistic, represents a true critical path, and achieves the schedule gains needed. We have also established some creative solutions that involve early turnover of critical areas, while other areas experiencing delays can be mitigated, the freezing of new scope requests, and the implementation of heavier labor forces should they be needed. Each of the strategies listed above will be coordinated closely with City staff and executed in a manner that does not introduce excessive costs (to all parties), while also enforcing the terms of the contract to the City’s benefit.

How might the Construction Manager’s quality assurance protocol and experience mitigate potential delays?
One of the primary ways in which projects are delayed relates to the replacement of substandard work. For an Aquatics facility, given the unique nature of a pool and its equipment, it will be critical that the Construction Manager have a deep understanding of how pools and their related appurtenances are assembled. The digging of the pool, the fixing of the coping edge within 1/16” of an inch, the concrete or shotcrete installation, grounding, pool pump room, washout pit, secondary electrical systems, and adjacent landscape installations; all of these elements are interrelated and if done improperly could have a significant impact on a pool project. Griffin has the acumen to not only understand how aquatic facilities are built, but also to know when they are being built wrong. This in turn will play a major role in mitigating potential delays. By helping the Contractor avoid mistakes, ensuring the work put in place is to the exacting standards of an aquatic facility, and the ability to create a work environment where there is a team effort to maintain progress in the field, we are able to avoid delays before they occur.

What jurisdictional concerns should the Construction Manager be aware of when building an aquatic facility?
Many aquatic facilities experience delays at the very end of the project due to jurisdictional concerns related to opening the park. The Health Department will have concerns about fencing, grades under fencing, climbable toe holds, signage, coved restroom tile, hot water, chemical balancing, and all necessary pool equipment. Similarly, the fire department will have concerns about gate signage, egress, Knox keys and key switches, occupancy signage, door hardware and automatic closers, to name a few. These have derailed project schedules in the past and having an understanding of what those requirements are will be critical maintaining the schedule, and avoid late breaking jurisdictional changes.

GRIFFIN STRUCTURES

7. S CHEDULE C O NTROL & A D DITIONAL I N NOVATIONS 19 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

MOUNTAIN VIEW

RENGSTORFF PARK

AQUATIC CENTER
$23,000,000 | 8,000 SF
Aquatic Center; Community Facilities
Appendix
SECTION NO.08
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

INTRODUCTION
Griffin Structures, Inc. (Griffin) is a California
corporation and a diversified Project and Construction
Management (Owner’s Representative) firm serving
the public and private sector. We have built in excess
of $2B in public sector facilities, the scope of these
projects ranging from $1M to over $1.5B.

A unique aspect of our firm is our
unparalleled multi-generational
community center, senior center,
and aquatic center experience.

Our team also offers shared past collaborations,
including an aquatics facility, with RJM Design Group,
and vast Prop 68 knowledge to protect the City's
interests from inception to completion of the project.

Needs Assessment
Program Management
Space Planning
Site Selection
Project Budgeting
Design Management
Constructability Review
Scheduling
Value Engineering
Total Project Budgeting
Bid Management

PRE-CONSTRUCTION SERVICES
Construction Mgmt
Owner’s Representative
Budget Management
Contractor Oversight
Document Control
Quality Assurance
Sustainability Mgmt
Safety Management
RFI & CO Management
FF&E Procure. / Coord.

Commissioning
Closeout

CONSTRUCTION SERVICES
40 WE ALSO OFFER
Management of multiple projects simultaneously
for building programs valued in excess of $1.5B.

Project stewardship and representation from
“concept to keys”, offering oversight as early as
pre-programming to construction completion and
turnover.

Constructability review and recommendations,
scheduling and cost controls, and keen insight into
critical design and construction considerations
(historical renovations, tight urban sites, relocations, active sites, etc.)
Robust Architect & Contractor prequalification,
bidding and procurement processes to select the
very best at the greatest value.

Direct experience with high-profile community
and aquatic facilities, offering management and
stewardship throughout the entire process.

Proactive engagement with all consultant types,
from Architects, Contractors, Environmental
Consultants, Labor Compliance Monitors, Inspection
and Testing Agencies, Commissioning Agents, and
applicable stakeholders.
+
+
+
+
+
+
GRIFFIN STRUCTURES8. A PPE NDI x 20
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

REPRESENTATIVE EXPERIENCE
Community + Senior Centers

1. Eastvale Civic Center, Senior & Community Center *includes senior ctr

2. Santa Clarita Canyon Country Community Center

3. Burlingame Community Center

4. Lake Forest Sports Park & Recreation Center

5. Yorba Linda Library & Cultural Arts Center

6. Newport Beach Marina Park Community & Sailing Center

7. Fullerton Multigenerational Community Center

8. Half Moon Bay Library

9. Huntington Beach Senior Center *includes senior center

10. Salinas El Gabilan Branch Library

11. Rancho Santa Margarita Civic Center & Community Center

12. Laguna Beach Community & Susi-Q Senior Center *includes senior ctr

13. Rancho Palos Verdes Ladera Linda Community Center & Park

14. Rancho Palos Verdes Civic Center & Community Center

15. Northeast Stockton Library & Community Center

16. San Dimas Community Center Expansion

17. Vernola Community Center & Park, Jurupa Valley *includes RJM

18. Carlsbad Pine Avenue Community Center & Gardens

19. Lawndale Community Center

20. Salinas Hebbron Family Center Revitalization Project

21. Quail Hill Community Center, Irvine

22. San Marino Community Center

23. Cypress Community Center Renovation / Expansion

24. Delhi Community Center & Community Park, Santa Ana

25. Buena Park Community Center

26. Terra Lago Community Recreation Center, Indio

27. West Hollywood Plummer Park Community Center
Aquatic Centers

28. East Bay Regional Park District Aquatic Center

29. Piedmont Aquatic Center

30. Mountain View Rengstorff Park Aquatic Center

31. San Bruno Rec. & Aquatics Center & Natatorium

32. Fullerton Multigenerational Community Ctr. & Natatorium

33. Castiglion del Bosco Resort & Aquatic Facilities

34. College Park Aquatic & Recreation Center

35. Crystal Cove Club & Aquatic Facilities

36. Esencia Sports Park, Recreation Center & Aquatic Facilities *incl's RJM

37. Laguna Beach Community Center & Aquatic Facilities

38. Long Beach Belmont Aquatic Facilities

39. Manhattan Beach Begg Aquatic Facilities

40. Marguerite Aquatics Complex *includes RJM

41. Pelican Hill Rec. Facilities & Aquatic Facilities

42. Placer Valley Sports Complex

43. Seal Beach Aquatics Center

44. Silverlakes Sports & Equestrian Park

45. Summerwind Sports Park

46. Terra Lago Community Center & Aquatic Facilities

47. Vista Hermosa Aquatic Center & Sports Park

48. Wild Rivers Water Park

49. Woodbury Recreation Center & Aquatic Facilities

50. Yorba Linda Adventure Playground & Aquatic Facilities 2 29
19 GRIFFIN STRUCTURES

8. A PPE NDI x 21
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Originally constructed in 1954, the existing pool was in need of significant upgrades, resulting in the development of a state-of-the-art aquatic center.

East Bay Regional Parks District, Aquatic Center
Replacement (Roberts Pool)

OAKLAND, CA
The East Bay Regional Park District
(District) is in need of professional services
for the Roberts Pool Renovation project.

Construction Management (CM) scope of
services will include construction contract,
contract administration, submittal review,
material testing, source inspection, and
project closeout.

This project will include the construction
of a 5,620 SF pool with a new pool deck,
a 2,515 SF pool house with chaning
rooms, restrooms, offices and lifeguard
break room, and a 1,450 SF pump house
mechanical building with pump room,
storage spaces, and equipment rooms.

In addition, upgrades will need to be
made for the existing septic system. Site
improvements will include retaining walls,
landscaping, pool lighting, ticket kiosk, and
perimeter fencing. This project will also
bring accessible parking and path of travel
from the parking lot to the pool facilities
up to current code.

The selected CM consultant will also
coordinate with the City of Oakland,
the Alameda County Department of
Environmental Health, EBMUD, and PG&E.

It is noted that plans are currently being
developed by the selected Architect, and
the District plans to put the project out to
bid in December 2020.

VALUE + SIZE
$7M | 9,585 SF
START + END DATE
2020 - 2023
CLIENT + CONTACT
East Bay Regional Park
District
Toby Perry
Project Manager
(510) 544-2317
[email protected]

ADDITIONAL PROJECT REFERENCE

GRIFFIN STRUCTURES

8. A PPE NDI x 22
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 This project is currently in the construction phase and is scheduled for timely completion on budget and schedule.

San Bruno Recreation & Aquatics Center

SAN BRUNO, CA
We are currently assisting the City of San
Bruno with managing the design and
construction phases of the new $49.5M
Recreation & Aquatics Center project.

The development of the conceptual
design included several components,
which included: program alternatives,
site analysis and alternatives, building
alternatives, project budget and operating
strategies, analysis and evaluation of
identified alternatives, recommended
alternative, conceptual design package
and budget, and public engagement.

The new Recreation & Aquatics Center
will include the following amenities:
a natatorium for year-round aquatics,
an outdoor pool with splash pad, a
gymnasium, a fitness/wellness center, a
community hall, a game room, conference
rooms, and several multi-purpose
classrooms.

VALUE + SIZE
$50M | 40,000 SF
START + END DATE
2021 - 2023
CLIENT + CONTACT
City of San Bruno
Ann Mattola
Director of Parks &
Recreation
(650) 763-6395
[email protected]
AWARDS
Projected LEED Silver

ADDITIONAL PROJECT REFERENCE

GRIFFIN STRUCTURES

8. A PPE NDI x 23
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 The Solís Group (TSG), established in 1992, is a multi- disciplined consulting company providing construction
program/project management support services for large-
scale infrastructure programs across the United States.

In addition to educating Contractors on labor requirements and establishing parameters pertaining to the primary
go-between for project stakeholders, we ensure proper
effort is focused on meeting the City’s hire targets. This includes certifying workers and connecting them with the opportunities that best match their skills, as well as PLA administration, labor compliance, outreach, and M/W/SBE tracking.

SMALL BUSINESS ENTERPRISE
Prevailing Wage
Construction Job
Opportunities in
Downtown LA

If you’re an interested party and want
more information, please contact
Elizabeth Solís or visit:

PHONE: (626) 685-6989
EMAIL: [email protected]

WEB: www.teamrcc.com

Job Description:

The Regional Connector Constructors Joint
Venture is currently recruiting construction
workers for the
federally funded five
year Regional Connector Transit Corridor
project. This 1.9 mile underground rail
construction project will extend from Little
Tokyo/Arts District Station to the 7th St.

Metro Center in downtown Los Angeles
.

Have you always wanted to
work with your hands?

Get In Touch with The Solís Group to
help you find a Certified
Apprenticeship Program to start your
path to success with high paying
careers and the ability to grow within
your business
situaciones.

Already a part of the
CCoonnssttrruuccttiioonn TTrraaddeess?

Let us know so we can get you a
spot on this
5 Year Long

project.

Prevailing Wage
Positions
Available for the Project:

• Operating
Engineers
• Laborers
• Ironworkers
• Electricians
• Carpenters
• Teamsters

• Cement Masons

• Elevator
Constructors
• Pipefitters
• Sheet Metal

• Terrazzo
• Plus additional
crafts
Project Goals:

Those who are in disadvantaged situations
such as bbeeiinngg hhoommeelleessss, aa ccuussttooddiiaall parent, chronically unemployed
,
public assistance
, emancipated
from
the foster care system, an
Iraq or
Afghanistan War veteran
, in the
criminal
justice system or
no high
school diploma
are highly encouraged to
apply.

Work on the
LA Metro
Regional Connect
or
Transit Corridor Project

The Regional Connector Constructors Joint Venture is currently recruiting construction workers for the
federally funded five year

Regional Connector Transit Corridor project. This 1.9 mile underground rail construction project will extend from Little Tokyo/Arts District Station to the 7th St. Metro Center in downtown Los Angeles.

Workers who meet these criteria are needed on the
project. A list of Targeted Zip Codes can be found at
:
http://www.metro.net/interactives/datatables/deod/

Disadvantaged workers must meet
two or more
of the
following criteria
:

 Homeless
 Custodial Single Parent
 Receiving Public Assistance
 Do not have High School
Diploma or GED
 Criminal Justice Record
 Unemployed for at least last
27 weeks  Veteran of Iraq or
Afghanistan
 Apprentice with less than
15% of Journeyman hours

For more information please contact
Elizabeth Solís or visit:

PHONE: 626-685-6989 EMAIL: [email protected]

WEB: www.teamrcc.com

The project is subject to a PLA requiring apprent
ices, workers
from Targeted Zip Codes, and “Disadvantaged” workers who face barriers to employment.

The Solis Group will provide services as-needed for this project.

LABOR COMPLIANCE
Bill Carr Surveys, Inc. (BCS) is a Professional Land Survey Service Company providing construction surveying
(Professional Measuring) services to the Southern California Construction Industry, specifically on complex development projects such as, port infrastructure construction, marine construction, high-rise construction, large residential construction, and specialty services such as drone and pile driving services.

Survey staff is able to support the construction
management team to perform QA construction survey
services for the duration of construction.

Bill Carr Surveys will provide services as-needed for this project.

QUALITY ASSURANCE SURVEYING

GRIFFIN STRUCTURES

8. A PPE NDI x 24
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Ninyo & Moore's geotechnical professionals are proficient in field instrumentation and monitoring, foundation design, liquefaction evaluation, pavement design, evaluation of retaining structures including shoring, seismic design
including site-specific ground motion study, time history, spectral matching, and slope stability analyses.

Ninyo & Moore's laboratories can perform full-service
testing on the following materials:

Ninyo & Moore will provide services as-needed for this project.

GEOTECHNICAL +

MATERIALS TESTING
Circlepoint provides community-based planning and
visioning, striving to create a network of healthier, more livable facilities and communities - planning, revitalization, and community engagement.

Tools include:

Circlepoint will provide services as-needed for this project.

OUTREACH SPECIALIST
Soils
Aggregates
Bituminous materials/
asphalt concrete
Masonry
Portland cement concrete
Structural steel
Reinforcing steel
High strength bolts
Roof tiles
Fireproofing
Community Design
Workshops
Stakeholder Meetings &
Presentations
Pop-Up Events
Youth Outreach
Site Tours
Online Engagement
Social Media Posts
Project Newsletter
E-Blast Updates
Fact Sheet
Website Content
Press Releases
Internal/External Updates
Project Milestone Events
Media Coordination
24-Hour Neighbor Hotline

GRIFFIN STRUCTURES

8. A PPE NDI x 25
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Years of Experience: 23
Education: Santiago Canyon College, Surveying/Mapping
Certificates/Licenses/Affiliations: CA Professional Land Surveyor 8671, California Land Surveyor Association Member, Professional Land Surveyor Organization, National Society of Professional Surveyors Mr. Clark is responsible for the supervision of field crews for topographic, boundary, construction, and as-built surveys; preparation of office calculations and cut sheets for field crews; prepare drawings for topographic, boundary, architectural, construction, and as-builts surveys using AutoCAD; preparation and filing of records of survey and corner records with county surveyors: submit bids for public and private works and manage project budgets.

JEFF CLARK , PLS

SURVEYING PRINCIPAL
Representative Experience:

1. California State University, Fullerton, $50M
Competition Pool, Fullerton, CA

2. Los Angeles Rams Owner / Chairman E
Stanley Kroenke, Los Angeles Stadium
(SoFi Stadium), Inglewood, CA

3. Port of Long Beach, Middle Harbor
Terminal Redevelopment, Long Beach, CA

4. SchoolsFirst Federal Credit Union
Headquarters, Tustin, CA

5. The Irvine Company, Spectrum Terrace
Phase 1 & 2, Irvine, CA

6. University of Southern California, HSC
Beautification Project, Los Angeles, CA
Years of Experience: 27
Education: Master of Environmental Planning, Arizona State University; Bachelor of Architectural & Environmental Studies, Univ. of Kansas Certificates/Licenses: American Institute of Certified Planners; Certified Main Street Manager; Professional Certificate in Neighborhood Revitalization, NeighborWorks America; Certificate in Dialogue, Deliberation and Public Engagement; LEED Accredited Professional; Congress for the New Urbanism, CNU-A
Susan Harden has a broad background in community development, engagement, and planning. She has built her career around community-based planning and visioning, striving to create a network of healthier, more livable communities. Susan is the co-author of “Placemaking on a Budget”, designed as a handbook for community members to enhance sense of place. A leader in public outreach and community engagements on behalf of public sector clients, Susan will serve to ensure stakeholder buy-in and support throughout the duration of construction.

Representative Experience:

1. Communications & Graphic Design, Long
Beach Water, Long Beach, CA

2. Cupertino Library Expansion, CA*

3. Santa Cruz Downtown Library, Housing &
Mixed-Use Project, CA*

4. Yorba Linda Library & Cultural Arts Center,
CA*

5. Laguna Beach Village Entrance, CA*

6. Shoreline Park Master Plan - Monarch
Bay Shoreline Development Project, San
Leandro, CA*

7. North Downtown Area Neighborhood
Vision Plan, Lancaster, CA
* Griffin Structures project

SUSAN HARDEN , FAICP, CNU-A, LEED AP

OUTREACH SPECIALIST

GRIFFIN STRUCTURES

8. A PPE NDI x 26
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Years of Experience: 20+
Education: MBA, University of California Davis; M.S., Geotechnical Engineering, University of California Berkeley; B.S., Civil Engineering, University of California Berkeley
Certificates/Licenses/Affiliations: PE 49665; GE 2509; Nuclear Gauge Operator Certification
As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, airports, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; provides supervision and technical support to staff level engineers and geologists; performs project administration and management; and provides forensic evaluation of distressed pavement, residential and commercial structures.

GARRETH SAIKI, PE, GE

PRINCIPAL ENGINEER
Representative Experience:

1. Los Angeles Unified School District,
Amestoy Elementary School Classroom
Replacement, Gardena, CA

2. Van Ness Avenue at 139th Street
Improvements, Gardena, CA

3. County of Los Angeles, El Cariso
Community Regional Park General
Improvements, Sylmar, CA

4. Ontario Civic Center Community
Conservation Park, Ontario, CA

5. New Library, Artesia, CA

6. City of Los Angeles, Hollywood
Multipurpose Intergenerational Center,
Los Angeles, CA

7. County of Los Angeles, San Fernando
Valley Family Support Center, Van Nuys,
CA

8. Huntington Beach Senior Center, CA

9. James and Rosemary Nix Nature Center,
Laguna Beach, CA

10. Norwalk Transportation Center, CA

11. California State Prison Correctional
Treatment Facilities, San Quentin,
Frontera, Imperial, and Vacaville, CA

GRIFFIN STRUCTURES

8. A PPE NDI x 27
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

SOUTHERN CALIFORNIA OFFICE
1 TECHNOLOGY DRIVE
BUILDING I SUITE 829
IRVINE, CA 92618
949 497 9000

NORTHERN CALIFORNIA OFFICE
1850 WARBURTON AVENUE
SUITE 120
SANTA CLARA, CA 95050
408 955 0431
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Gardena Community Aquatic & Senior Center

CITY OF GARDENA
November 14, 2022
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to perform Construction Management and Inspection Services for the Gardena Community Aquatic and Senior Center Project. For these requisite services, Griffin Structures proposes the following Not to Exceed Fee:

Construction Management Services: $ 667,800
Reimbursable Expenses: $ 227,200
TOTAL $895,000
Add Alternate 01: Enhanced Public Outreach (Circlepoint): $ 5 5,000 Add Alternate 02: Survey Staking (Bill Carr Survey): $ 40,000 All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time-period. We reserve the right to reallocate hours between staff members and tasks to accomplish the overall objectives and requirements of the project.

Services are based on the attached Fee Schedule which provides detail on the allocation of hours. Any extension of the schedule or services may result in an additional fee, in good faith negotiation with the City.

APPROACH TO PROJECT SCHEDULE
This proposal assumes the following schedule as described in the RFP and as illustrated in the Resource Allocation Schedule attached:

1. P reconstruction: January 2023 through April 2023 (4 Months)

2. C onstruction: May 2023 through May 2024 (13 Months)

3. P lant Establishment and Closeout: June 2024 through July 2024 (2 Months)

GRIFFIN STRUCTURES
C OS T E S TIMATES OF C O NSULTING F E E 1
GRIFFIN STRUCTURESC OS T E S TIMATES OF C O NSULTING F E E 1 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

APPROACH TO STAFFING & PROJECT TEAM
To bring value to the City and to perform all tasks listed in the RFP, Griffin Structures proposes the following staffing allocation:

To bring the highest level of staffing continuity and value to the City, Griffin Structures has assembled the following team in accordance with the scope of work described in the RFP:

Jon Hughes will serve as the Principal In Charge for the duration of the project and will provide as-needed leadership to the team to ensure a successful delivery. Specifically, Jon will bring insight into the unique challenges related to construction Aquatic facilities in the public sector. For this level of service, we have allocated a total of 68 hours of Jon’s time.

Robert Godfrey will serve as Project Executive for the duration of the project. In that role Robert will participate in the constructability review, bring guidance to the team due to his extensive Community Center experience, and support Tim on a regular basis as needed. For this level of service, we have allocated a total of 174 hours of Robert’s time.

Tim Shaw will serve as the Construction Manager for the duration of the project. Based on the project schedule described above, and the scope of work described in the RFP, Tim’s anticipated hours are as follows:

Preconstruction: During this phase of the project will take the lead in performing the constructability review, reviewing comments with the design team, and supporting the City as needed for Contractor mobilization. For this phase of the project, we have allocated 150 hours of Tim’s time.

Construction: Once construction begins Tim will be deployed full time to the project, providing continuous services to the City for the duration of the project. Once the project is complete and the plant establishment and closeout phase is underway, Tim’s hours will decrease as needed. For this level of service, we have allocated 2498 hours of Tim’s time.

Ninyo & Moore will provide the Geotechnical Inspections and Materials Testing for the project. For this level of service, we have included an allowance of $143,000 based on the scope of work described in the RFP.

Solis Group will provide Labor Compliance services. This effort will be charged at a fixed fee of $4,000 per month and assumes a 13-month construction duration + 1 month of punch list and closeout.

Circlepoint is offered herein as an Add Alternate to provide enhanced Public Outreach services. Should the City wish to engage Circlepoint for this effort, we will engage in good faith negotiations to establish an appropriate scope and fee.

Bill Carr Surveys is offered herein as an Add Alternate to provide Survey Staking verification. Should the City wish to engage Bill Carr Surveys for this effort, we will engage in good faith negotiations to establish an appropriate scope and fee.

GRIFFIN STRUCTURES
C OS T E S TIMATES OF C O NSULTING F E E 2
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Qualifications & Exclusions

1. Hourly rates are valid through December 31st, 2024 and will escalate by CPI annually thereafter.

2. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.

3. All subconsultant costs include cost of service plus a 15% mark up.

4. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded.

We assume that offices will be provided as part of the construction site trailer(s) being provided by the City’s contractor.

5. Costs for all permits required for the project are excluded. It is assumed that the City will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction of the project. We have not included any permit related fees within our fee proposal.

6. At no cost to the Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax deductions to construction manager (Griffin Structures) as may be relevant to ‘public entity’ projects.

7. Costs for surveying, construction staking, environmental and hazardous materials surveys, and all remediation costs are excluded.

8. Software licenses or user fees for specific project management software being required by either the Client or their contractor(s) is excluded.

9. The cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.

10. Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.

11. Commissioning requirements required by Cal Green (Title 24) are excluded. Griffin will manage the commissioning process, but we have not included a commissioning agent, nor development of commissioning specifications.

12. No FF&E or OS&E is included in this proposal

13. 24-hour surveillance is excluded.

14. Construction Manager will review all RFIs, Submittals, and Substitutions for completeness, approvals to be executed by the designer of record.

15. For document tracking control, Griffin has included the use of “Submittal Exchange” for managing construction documentation, and based the hours allocated in this proposal accordingly. The cost of “Submittal Exchange” is included here as a reimbursable expense.

16. This proposal does not include a formal independent Inspector of Record (IOR). All City Building Dept. Permit Inspections are assumed to be performed by the City Building Dept.

17. Construction Cost Estimates, when provided, are based on standard industry practice, professional experience and knowledge of market conditions. Griffin has no control over material and labor costs, or contractor’s methods of establishing prices or the market and bidding conditions at the time of bid. Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate provided.

18. CASp review and inspection services are excluded.

GRIFFIN STRUCTURES
C OS T E S TIMATES OF C O NSULTING F E E 3
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6

PROJECT PHASE
Principal-In-Charge Project Executive Construction Mgr
TOTAL COSTJon Hughes
$250 / hr
Robert Godfrey
$240 / hr
Tim Shaw
$230 / hr
PHASE 1: PRECONSTRUCTION SERVICES 12 30 150 $44,700
Kick Off Meeting Incl Incl Incl Incl
Constructability Review Incl Incl Incl Incl
Page Turn with A/E & City Incl Incl Incl Incl
Mobilization Support Incl Incl Incl Incl
Pre-Construction Meeting Incl Incl Incl Incl
PHASE 2: CONSTRUCTION MGMT SVCS 56 144 2498 $623,100
Weekly Project Meetings Incl Incl Incl Incl
Daily Construction Inspections Incl Incl Incl Incl
Construction Schedule Oversight & Enforcement Incl Incl Incl Incl 3 Week Look-Ahead Oversight & Enforcement Incl Incl Incl Incl Coordination with City, Design Team, Utilities & Agencies Incl Incl Incl Incl Submittal Tracking and Oversight Incl Incl Incl Incl
RFI Tracking and Oversight Incl Incl Incl Incl
Contractor Invoicing Review & Recommendations Incl Incl Incl Incl Contractor Change Order Review & Recommendations Incl Incl Incl Incl Review Contract Claims Incl Incl Incl Incl
Final Walk Through & Punch List Incl Incl Incl Incl
As-Built Plans Incl Incl Incl Incl
Public Outreach Incl Incl Incl Incl
Survey Compliance Incl Incl Incl Incl
Construction Inspection & Reporting Incl Incl Incl Incl Labor Compliance Incl Incl Incl Incl
Geotechnical & Materials Testing Incl Incl Incl Incl
Total Hours 68 174 2648
Subtotals $17,000 $41,760 $609,040
PROJECT / CONSTRUCTION MGMT TOTAL $667,800
REIMBURSABLE COSTS $227,200
Cloud-Based Document Management System (Submittal Exchange) $15,000 Insurance $8,200
Misc. Office Supplies $5,000
Geotechnical & Materials Testing (Ninyo & Moore) ALLOWANCE $143,000 Labor Compliance (Solis Group) $4,000 per month @ 14 Months $56,000 GRAND TOTAL: $895,000

ADD ALTERNATES
Enhanced Public Outreach (Circlepoint) $55,000
Survey Staking (Bill Carr Surveys) $40,000

GRIFFIN STRUCTURES
C OS T E S TIMATES OF C O NSULTING F E E 4
DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 Resource Allocation Schedule
PROJECT PHASE 2023

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

PRE-CONSTRUCTION
Constructability Review
A/E Incorporate Comments
Contractor Bidding & Award

CONSTRUCTION
Construction
Plant Establishment and Closeout

MONTHLY STAFFING HOURS
Principal In Charge - Jon Hughes 4 4 - 4 4 4 4 4 4 4 4 4 Project Executive - Robert Godfrey 10 10 - 10 10 10 10 10 10 10 10 10 Construction Manager - Tim Shaw 30 30 - 90 172 172 172 172 172 172 172 172 Principal In Charge - Jon Hughes $1,000 $1,000 $- $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 Project Executive - Robert Godfrey $2,400 $2,400 $- $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 Construction Manager - Tim Shaw $6,900 $6,900 $- $20,700 $39,560 $39,560 $39,560 $39,560 $39,560 $39,560 $39,560 $39,560 $10,300 $10,300 $- $24,100 $42,960 $42,960 $42,960 $42,960 $42,960 $42,960 $42,960 $42,960 PROJECT PHASE 2024

JAN FEB MAR APR MAY JUN JUL

CONSTRUCTION
Construction
Plant Establishment and Closeout

MONTHLY STAFFING HOURS TOTALS
Principal In Charge - Jon Hughes 4 4 4 4 4 4 - 68
Project Executive - Robert Godfrey 10 10 10 10 10 10 4 174 Construction Manager - Tim Shaw 172 172 172 172 172 172 90 2,648 Principal In Charge - Jon Hughes $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $- $17,000 Project Executive - Robert Godfrey $2,400 $2,400 $2,400 $2,400 $2,400 $2,400 $960 $41,760 Construction Manager - Tim Shaw $39,560 $39,560 $39,560 $39,560 $39,560 $39,560 $20,700 $609,040 $42,960 $42,960 $42,960 $42,960 $42,960 $42,960 $21,660 $667,800 GRIFFIN STRUCTURESC OS T E S TIMATES OF C O NSULTING F E E 5 DocuSign Envelope ID: FD12C3D5-CED3-46B7-BDCC-43AA4E9CFCC6 City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 16.B
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: December 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Award Construction Contract for the New Marked Crosswalk with Pedestrian Hybrid Beacon on Vermont Avenue and 133rd Street, JN 972 to California Professional Engineering, Inc. in the amount of $314,488. Approve the Project Plans & Specifications, Approve Budget Appropriation of $250,000 funds, and Declare California Environmental Quality Act (CEQA) Exemption.

COUNCIL ACTION REQUIRED:

Staff Recommendations:

Award Construction Contract
Approve Project Plans and Specifications
Approve Budget Appropriation and Contingency
Declare CEQA Exemption
RECOMMENDATION AND STAFF SUMMARY:

In July 2018, Public Works Staff conducted a city-wide pedestrian safety survey based on the federal data base Transportation Injury Mapping System (TIMS). The survey showed the stretch of Vermont Avenue between El Segundo Boulevard and 135th Street to have the highest pedestrian-to-vehicle accident rate in the city. The following month, an application for grant funding was submitted to the Federal Highway Administration for Highway Safety Improvement Program (HSIP) funds to address the situation and on February 2019, the City of Gardena was granted $167,800 for the installation of a new pedestrian crosswalk with a Pedestrian Hybrid Beacon (PHB) located just north of 133rd St.

In November 2019, the city contracted the services of Iteris, Inc. to conduct a study to determine if a pedestrian crosswalk is warranted in a mid-block, high-speed, high-volume location. Study showed that such a crosswalk is warranted in combination with a PHB. On May 12, 2020, the City Council approved the award of the Professional Design Engineering Services to Iteris. A continental striped crosswalk was designed complete with ADA ramps on both sides and on the 65-foot wide median. A walkway along the median also had to be made and the design engineers recommended using the High-Intensity Activated Crosswalk (HAWK) as the PHB for the crosswalk. The HAWK is a pedestrian traffic signal system complete with signal heads, post/mast arms on north and south bound lanes with its own controllers and battery backed up power supply.

The city of LA issued a permit for the pedestrian ramp to be constructed on their side in May 2022 and on July 14, 2022, Caltrans authorized the release of the HSIP funds to the city of Gardena. The project was advertised for construction in CR Planwell, Gardena Valley News, and the city website in October 2022.

The following five (5) bids were received on November 8, 2022:

1. California Professional Engineering, Inc.

La Puente
$314,488

2. Select Electric, Inc.

Vista
$347,500

3. Crosstown Electrical & Data, Inc.

Irwindale
$361,412

4. DBX, Inc.

Temecula
$374,135

5. Comet Electric, Inc.

Chatsworth
$421,440

California Professional Engineering, Inc. is the lowest responsible bidder. They have an A (General Contractor) and C-10 (Electrical Contractor) license and are in good standing with the California State Licensing Board. They have good, verified records of construction projects from other local municipalities and have done satisfactory work for the city as a sub-contractor for major Capital Improvement Projects (CIP) where they installed the in-pavement lighted crosswalks. California Professional Engineering, Inc. will also be required to meet all bonding and financial standards. It is projected that the crosswalk would be fully operational by the 2nd quarter of 2023.

Staff respectfully recommends the City Council award the construction contract for the New Marked Crosswalk with Pedestrian Hybrid Beacon on Vermont Avenue and 133rd Street, JN 972, to California Professional Engineering, Inc. in the amount of $314,488 and additionally:
1 .

Approve the Project Plans and Specifications.
2 .

Approve Budget Appropriation of $250,000 Prop C funds to supplement the existing budget and 25% construction contingency.
3 .

Declare this project to be categorically exempt under the CEQA, Class 1, Section 15301, as rehabilitation of existing facilities.

FINANCIAL IMPACT/COST:

Source of Funds
Measure M Local
$
55,000
Federal HSIP Grant
$167,800
Requested Budget Appropriation (from
Prop C funds)
$250,000
Total
$472,800

Estimated Expenditures
Design Phase Expenditures
$42,686
Construction Managmeent & Inspection
$35,000
Construction Contract Award
$314,488
25% Construction Contingency
$79,000
Total
$471,174

ATTACHMENTS:

JN972 Location Map.pdf
JN972 New Crosswalk with HAWK Signal system Project Plans.pdf JN972 Contract Doc and Specifications 5276(033).pdf
JN972 California Professional Engineering, Inc. Bid 11-8-2022.pdf JN972 CEQA Notice of Exemption.pdf
JN 972_PHB HWAK Exhibit.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
New Pedestrian Crosswalk with Hawk Signal System Project - JN 972

P.W.P.D.

C.H.

F.S.
110

INTERSTATE
91 VERMONT AVE

NORMANDIE AVE

WESTERN AVE

VAN NESS AVE

CRENSHAW BLVD

MARINE AVE

ROSECRANS AVE
135TH ST

EL SEGUNDO BLVD
120TH ST
133RD ST
133RD ST

BUDLONG AVE
162ND AVE

GARDENA BLVD

ARTESIA BLVD

REDONDO BEACH
BLVD

CITY OF GARDENA

NEW PEDESTRIAN CROSSWALK WITH HAWK SIGNAL

SYSTEM INSTALLATION PROJECT
VERMONT AVENUE AT 133RD STREET
JOB NO. 972
FEDERAL PROJECT HSIPL-5276 (033)

DRAWING TITLE
SHEET # DESCRIPTION

UTILITY COMPANY CONTACTS
SERVICES CONTACT TELEPHONE NO.

PROJECT LOCATION MAP

CITY OF GARDENA
No. 72982
1700 Carnegie Avenue, Suite 100
Santa Ana, CA 92705-5551
Phone: (949)270-9480
Fax: (949) 270-9481
PLANS PREPARED BY:

VERMONT AVENUE AT 133RD STREET HAWK SIGNAL INSTALLATION HSIPL-5276(033) JN 972

VERMONT AVENUE
133rd STREET
132nd STREETCITY OF LOS ANGELESCITY OF GARDENA
133rd STREET
132nd STREET
CONSTRUCTION NOTES (THIS SHEET ONLY):

CROSSWALKSTOPON REDAHEADSTOPHERE ONREDSTOPHERE ONREDBIKE LANE MAINTENANCE COST SHARINGMAINTAINED BY THE CITY OF GARDENACITY OF LOS ANGELES50%CITY OF GARDENA50%CITY OF GARDENA WILL BEAR THE ENTIRECOST OF THIS PROJECT.ONEWAYONEWAYONLYDO NOTENTERWRONGWAYSTOP

CITY OF GARDENA
No. 729821700 Carnegie Avenue, Suite 100Santa Ana, CA 92705-5551Phone: (949)270-9480Fax: (949) 270-9481 PLANS PREPARED BY:VERMONT AVENUE AT 133RD STREET HAWK SIGNAL INSTALLATIONHSIPL-5276(033)JN 972

CITY OF GARDENA

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

NEW PEDESTRIAN CROSSWALK WITH HAWK SIGNAL SYSTEM
VERMONT AVENUE AND 133RD STREET, JN972
FEDERAL AID PROJECT NO. HSIPL – 5276 (033)
2&72%(5 2022

CITY OF GARDENA

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

NEW PEDESTRIAN CROSSWALK WITH HAWK

SIGNAL SYSTEM VERMONT AVENUE
AND 133RD STREET, JN 972
FEDERAL PROJECT No. HSIPL – 5276 (033)
Plans & Specifications prepared by:
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CITY OF GARDENA

NOTICE INVITING BIDS
FOR

NEW PEDESTRIAN CROSSWALK HAWK SIGNAL SYSTEM
VERMONT AVENUE AND 133RD STREET, JN972
FEDERAL PROJECT NO. HSIPL – 5276 (033)
Plans and Specifications are available through ARC Document Solutions. Please be advised that there is an additional charge for delivery. Upon payment of the purchase price, they become the property of the purchaser and may not be returned for refund.

You may access the plans through the following website under Public Planroom:
www.crplanwell.com
For help accessing and ordering, please contact a Planwell Administrator at 562.436.9761.

Notice is hereby given that the City of Gardena wi ll receive sealed bids at the office of the City Clerk, City Hall, 1700 W. 162 nd Street, Gardena, California, until 3:00PM on November 8,2022 , and shortly thereafter on this same day, they will be publicly opened and read in the City Clerk’s Office in-person and via ZOOM.

The information to join the bid opening via ZOOM is the following:

Topic: Bid Opening
Time: 3:00 PM on November 8, 2022 (Shortly thereafter the deadline) Join ZOOM Meeting
[Https://XVZHE]RRPXVM ]
Meeting ID:
Dial by phone: +1

US
Should you have any questions or concern in delivering a bid or joining the ZOOM Meeting, please contact City Clerk’s office at (310) 217-9565 or via email at [email protected].

All bids must be in writing, must be seal ed, and must be plainly marked on the outside: "BID ON PROJECT NO. JN972. Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned unopened to the bidder.

Bids are required for the entire work as described below:

Construction of a new pedestrian crosswalk on Vermont Avenue at 133 rd Street to include all necessary labor, tools, equipment, and material s for installation of HAWK flashing signal system, construction of new ADA curb ra mps and enhancement of signing, signaling and striping as required for a complete crosswalk system in compliance with ADA requirements.

ENGINEER’S ESTIMATE: $184,978
The time of completion of contract shall be 30 working days as defined in the latest Standard Specifications for Public Works (“Greenbook”). Liquidated Damages, as defined in Section 6-9, shall be $00 per each consecutive calendar day.

Each bidder must submit a proposal to the City, c/o City Clerk in accordance with the Plans and Specifications. Said proposal is to be accomp anied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Gardena, in an amount not less than 10 percent of the total bid submitted.

The envelope enclosing the proposal shall be sealed and addressed to the City of Gardena c/o City Clerk, and delivered or mailed to the City at 1700 W. 162 nd Street, Gardena, California 90247-3778. The envelope shall be plainly marked in the upper left-hand corner as follows:

ATTENTION: CITY, c/o CITY CLERK
(Bidder's Name and Address)
(Number and title of this project) ________________________ The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney.

The contractor shall have an active Class “A” license from the Contractor’s State License Board at the time of submitting bid.

Pursuant to Public Contract Code Section 22300, t he Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the City to insured performance under the contract unless applicable federal regulations or policies do not allow such substitution. Such security shall be deposited with the City, or a state or federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City Attorney.

The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive responsible bidder.

Bidders are advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Accordingly, the bidder awarded the Contract and all subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, and otherwise comply with the provisions of Section 1770 et seq. of the California Labor Code, California Code of Regulations, Title 8, Sectio n 16000 et seq., and any other applicable laws, rules and regulations adopted with respect thereto (“California Prevailing Wage Laws”). Copies of such prevailing rates of per diem wages are on file at the Gardena City Clerk’s office and the office of the City Engineer, and copies shall be made available to any interested party on request. The prevailing rates of per diem wages re ferred to herein are hereby made a part of this Notice by reference.

Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any Subcontractor under it.

Contractor and any Subcontractor under if shall comply with the requirements of said sections in the employment of apprentices.

The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly.

As of January 1, 2016 , the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing.

Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR-approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.

These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.

The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).

Award of Contract: The following are conditions to the award of the contract:

I. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract was awarded):
and
II. No contractor or subcontractor may be awar ded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 17265.5.

Notwithstanding the above, Bidders are further advised that this is a federally assisted construction contract and Federal Labor standar ds, including David-Bacon requirements will be enforced. These requirements include submission to the City weekly, for each week in which any contract work is performed, a copy of payrolls in accordance with 29 CFR 5.5(a)(3)(1) and (ii). Failure to timely provide accurate and complete payroll reports shall constitute grounds for returning a payment request pursuant to Public Contracts Code section 20104.50. If Federal and State wage prevailing rates are applicable, then the higher of the two shall prevail.

THIS PROJECT IS SUBJECT TO THE “BUY AMERICA” PROVISIONS OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 AS AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991.

Bidders are advised that, as required by federal law, the State has established a statewide overall DBE goal. This City of Gardena Federal-Aid contract is considered to be part of the statewide overall DBE goal. The City of Gardena is required to report to Caltrans on DBE participation for all Federal-Aid contract each year so that attainment efforts maybe evaluated.

Any questions regarding this bid package may be referred to William Mendoza, Associate Engineer, Public Works Engineering Division at 310.217.9608.

T A B L E O F C O N T E N T S

NEW PEDESTRIAN CROSSWALK WITH HAWK SIGNAL
SYSTEM VERMONT AVENUE AND 133RD STREET, JN972
FEDERAL PROJECT No. HSIPL – 5276 (033)

DESCRIPTION PAGE DESCRIPTION PAGE i
Title Page ....................................................................

Notice Inviting Bids ......................................................

Location Map ...............................................................

Table of Contents ........................................................ i Instructions to Bidders ................................................. ii-iv BID PROPOSAL (To Be Submitted with Proposal)
Bid Schedule ............................................................... BP-2 Acknowledgement of Addenda Received ..................... BP-5 Bidder’s Declaration..................................................... BP-6 Non-collision Affidavit .................................................. BP-8 Declaration of Eligibility to Contract.............................. BP-9 Bid Bond ...................................................................... BP-10 Designation of Subcontractors ..................................... BP-11 Construction Project Reference ................................... BP-12 Certificate of Non-Discrimination by Contractors .......... BP-13 Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion –
Primary Covered Transition .................................... BP-14 CONTRACT DOCUMENTS (To Be Submitted after Award)
Agreement ................................................................... CD-2 Faithful Performance Bond .......................................... CD-4 Payment Bond ............................................................. CD-6 Workers’ Compensation Insurance Certificate ............. CD-8 Indemnification and Hold Harmless Agreement
Of Subrogation and Contribution .............................. CD-9 Insurance..................................................................... CD- 10 GENERAL PROVISIONS
PART 1 – SPECIAL PROVISIONS .............................. SP-i Section 1 – Definitions ............................................ SP-1 Section 2 – Scope of Control of the Work................ SP-2 Section 3 – Changes in Work .................................. SP-6 Section 6 – Prosecution, Progress and Acceptance
of the Work .......................................................... SP-7

TECHNICAL PROVISIONS
Section 1 – Specifications ................................... TP-1 Section 2 – Working Hours and Days .................. TP-1 Section 2 – Working Hours and Days .................. TP-1 Section 3 – Progress Schedule ........................... TP-1 Section 4 – Notification of Property Owners ........ TP-1 Section 5 – Extra Work ....................................... TP-1 Section 6 – Construction Staging ........................ TP-2 Section 7 – Property Site Maintenance ............... TP-2 Section 8 – Existing Facilities .............................. TP-3 Section 9 – Access to Private Property ................ TP-3 Section 10 – Traffic Control ................................... TP-3 Section 11 – Excavation ........................................ TP-5 Section 12 – Asphalt Pavement Removal .............. TP-5 Section 13 – Concrete Removal ............................ TP-5 Section 14 – Crushed Miscellaneous Base ............ TP-6 Section 15 – Portland Concrete Cement ................ TP-6 Section 16 – Concrete sidewalks ........................... TP-7 Section 17 – Concrete Curb and Gutter ................. TP-7 Section 18 – Concrete Curb Ramp ........................ TP-7 Section 19 – Concrete Ramps (Modified) .............. TP-9 Section 20 – Survey and Monumentation .............. TP-9 Section 21 – Driveways, Approach. Alley Intersection, Spandrels, and Cross Gutters ........... TP-10
Section 22 – Cold Milling ....................................... TP-10 Section 23 – Crack Seal & Pavement Preparation . TP-10 Section 24 – Prime Coat ........................................ TP-11 Section 25 – Asphalt Tack Coat ............................ TP-11 Section 26 – Asphalt Concrete Pavement (AC) ..... TP-12 Section 27 – Asphalt Rubber Hot Mix (AHRM) ...... TP-12 Section 28 – Pavement Compaction ...................... TP-13 Section 29 – Traffic Access and Rock Dust Blotter TP-14 Section 30 – Adjust Utility Access Openings.......... TP-14 Section 31 – Traffic Markings & Raised Markers ... TP-14 Section 32 – Fire Hydrant Marking ........................ TP-14 Section 33 – Splicing ............................................. TP-15 Section 34 – Loop Detectors & Lead-in Cable ....... TP-15 Section 35 – Tree Removal ................................... TP-15 Section 36 – Tree Planting .................................... TP-15 Section 37 – Maintenance and Guarantee ............. TP-15 Section 38 – Incidental Work ................................. TP-16 Section 39 – Inspectors ......................................... TP-16 Section 40 – Asphalt Tracking and Mitigation ........ TP-16 Section 41 – Estimated Quantities ......................... TP-16 Section 42 – Submittals ......................................... TP-17 Section 43 – Construction Water ........................... TP-17 Section 44 – Utilities Location ................................ TP-17 Section 45 – Conduit ............................................. TP-17 Section 46 – Pull Boxes......................................... TP-21 Section 47 – Traffic Signals ................................... TP-23

APPENDIX
AP PEN D I X A: FEDERAL-AID CONTRACT PROVISIONS APPENDIX B: FEDERAL WAGE RATES
APPENDIX C: CITY STANDARD PLANS

INSTRUCTIONS TO BIDDERS

FORM OF PROPOSAL

The Proposal shall be fully executed and submitte d on the forms in the project specifications and shall be enclosed in a sealed envelope marked and addressed as directed in the Notice Inviting Bids.

PRPOSAL / BID DOCUMENTS

All Proposals shall include the following executed documents to be submitted with each bid:

Bidding Schedule

Acknowledgement of Addenda Received

Bidder's Declaration

Non-Collusion Affidavit

Declaration of Eligibility of Contract

Bid Bond

Designation of Subcontractors

Construction Project Reference

Certificate of Non-Discrimination by Contractors

Certification of Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Primary Covered Transitions

Federal Bid Forms
x Exhibit 12-X
x Exhibit 15-X…

DELIVERY OF PROPOSAL

The Proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that its Proposal is received as stipulated. Any Proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened.

WITHDRAWAL OF PROPOSAL

The Proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or its properly authorized representative. Such written request must be delivered to the

iii

place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals. No Proposal may be withdrawn after the hour fixed for opening bids.

MODIFICATIONS AND ALTERNATIVE PROPOSALS

Unauthorized conditions, limitations, or provisions attached to the Proposal will render it informal and may be grounds for its rejection as non-responsive. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. Oral, telegraphic, or telephonic proposals or modifications will not be considered.

DISCREPANCIES IN PROPOSALS

In the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so will render the Proposal informal and may be grounds for its rejection as non-responsive. The bidder shall state in words and figures the unit prices or the specific sums as the ca se may be, for which it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract. The total amount of each item bid and the total amount of the bid shall be stated in words and figures.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto.

PROPOSAL GUARANTEE – BIDDER’S SECURITY

Each bidder shall submit with his Proposal cash, an unconditional certified or cashier's check, or a bidder's bond, in the sum of the percentage of the bid stated in the Notice Inviting Bids, payable to the City as a guarantee that the bidder will, if its Proposal is accepted, execute the Contract and furnish a satisfactory Faithful Performance Bond, a satisfactory Payment Bond and insurance certificates as specified herein.

If a bidder to whom an award is made, fails or refuses to sign the Contract or furnish the required bonds and certificates, all within the time stated in Section 2-1.5 of the Special Provisions herein, the funds represented by said cash, check or bidder's bond shall be forfeited and become and remain the property of the City; the amount thereof being agreed to by the bidder and the surety as a bid bond forfeiture due the City because of the delay in the execution of the Contract and in the performance of work thereunder, resulting from such failure or refusal, except that if the City awards the contract to the next lowest responsive responsible bidder, only that portion of the bidder's security equal to the difference between the two bids will be forfeited.

A Bid Bond must be obtained from a corporate surety authorized to do business as such in the State of California as an “admitted surety insurer” and shall be on the form furnished by the City or one substantially in conformance with it. Ce rtified or cashier's checks must be drawn on a solvent state or nationally chartered bank or branch thereof in the State of California. The liability of the City in connection with the checks shall be limited to the return of the checks (without interest) as provided in Section 2-1.6 of the Special Provisions bound herein.

DISQUALIFICATION OF BIDDERS

A person, firm, or corporation shall NOT be allowed to make or file, or to be interested in, more than one bid, except an alternative bid when specifically requested; provided, however, a person, firm, or corporation who has submitted a sub-proposal to a bidder submitting a Proposal, or who has quoted prices on materials to such bidders, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals, or from submitting a Proposal as a prime contractor. Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, as further described in the Notice Inviting Bids, will disqualify a bidder.

ADDITIONAL REQUIREMENTS

The bidder's attention is directed to the S pecial Provisions and Technical Provisions bound herein for additional requirements of the Proposal and Contract Documents.

CONTRACT DOCUMENTS

Contract Documents are to be submitted within twenty-one (21) calendar days AFTER award of contract. Unless extended by agreement of the City, failure to timely submit executed Contract Documents may be grounds for rejecting the bid award and forfeiture of the bid security. See enclosed documents commencing on page CD-1.

TO BE SUBMITTED WITH PROPOSAL
BP-1

BID PROPOSAL (BP)

NEW PEDESTRIAN CROSSWALK WITH HAWK SYSNAL SYSTEM
VERMONT AVENUE AND 133RD STREET

PROJECT NO. JN972

FEDERAL PRAJECT No. HSIPL – 5276 (033)

C o n t r a c t o r :

A d d r e s s :

P h o n e :

F a x :

L i c e n s e N o . :

D.I.R. No.

E m a i l :

To Be Submitted

WITH

Bid Package

TO BE SUBMITTED WITH PROPOSAL
BP-2

BID PROPOSAL

PROJECT NO. JN972

FEDERAL PROJECT No. 5276 (033)

BID SCHEDULE

The undersigned, having examined the proposed Contract Documents titled:

NEW PEDESTRIAN CROSSWALK WITH HAWK SIGNAL SYSTEM
VERMONT AVENUE AND 133RD STREET

and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said proposed Contract Documents and itemized bid schedule below. All work shall be completed within 25 Working Days from the date the Notice of Proceed is issued by the Engineer.

Item
No.

Item Description

Unit
Approx.

Quantity
Unit Price
in Figures

Item Total
1 Mobilization/De-Mobilization (not to
exceed 5% of total bid) LS 1
$

$
2 Traffic Control LS 1
$

$
3 Furnish and Install New 3" Conduit LF 650
$

$
4 Furnish and Install New 4" Conduit LF 50
$

$
5 Furnish and Install New #5 Pull Box EA 3
$

$
6 Furnish and Install New #6 Pull Box EA 5
$

$
7 Furnish and Install New #6E Pull Box EA 1
$

$
8 Furnish and Install New 332 Cabinet on
New Foundation EA 1
$

$
9 Furnish and Install New 2070 Controller EA 1
$

$
10 Furnish and Install New Type III-BF Service
Cabinet with Breakers EA 1
$

$
11 Furnish and Install New Type 1A Traffic
Signal Pole on New Foundation EA 2
$

$
12 Furnish and Install New Type 15TS Traffic
Signal Pole on New Foundation EA 1
$

$
13 Furnish and Install New Type 24-4-100
Traffic Signal Pole on New Foundation EA 1
$

TO BE SUBMITTED WITH PROPOSAL
BP-3

14 Furnish and Install New Type 26-4-100
Traffic Signal Pole on New Foundation EA 1
$

$
15 Furnish and Install New 12" HAWK Vehicle
Head on Traffic Signal Pole/Mast Arm EA 6
$

$
16 Furnish and Install New Pedestrian
Countdown on Pole EA 4
$

$
17 Furnish and Install New APS Pedestrian
Push Button EA 4
$

$
18 Furnish and Install New Internally
Illuminated Street Name Sign (IISNS) EA 2
$

$
19 Furnish and Install New LED Luminaire EA 3
$

$
20 Wire Intersection LS 1
$

$
21 Furnish and Install New Retroflective Sign
on Mast Arm with New Bracket EA 2
$

$
22 Furnish and Install New Retroflective Sign
on New Signal Pole EA 11
$

$
23 Furnish and Install New Retroflective Sign
on Existing Signpost EA 8
$

$
24 Furnish and Install New Retroflective Sign
on New Signpost EA 14
$

$
25 Furnish and Install New Retroflective Sign
on Luminaire Pole EA 2
$

$
26 Sawcut and Remove Portion of Existing
Ramp to Install Required Truncated
Domes

EA 2
$

$
27 Construct New Case F Curb Ramp EA 2
$

$
28 Construct New 6' Sidewalk EA 1
$

$
29 Construct New Type G Curb Ramp and
Curb Extension EA 1
$

$
30 Remove Existing Conflicting Lane line
Striping by Grinding LF 110
$

$
31 Install New 12" White Limit Line LF 120
$

$
32 Install New 4" Solid Lane Lines LF 200
$

TO BE SUBMITTED WITH PROPOSAL
BP-4

33 Install New Continental Crosswalk SqFt 550
$

$
34 Install New Thermoplastic Pavement
Marking SqFt 256
$

$
35 Install New Thermoplastic Red Curb
Marking LF 45
$

BID SCHEDULE (Continued)

TOTAL CONTRACT BID:

( F i g u r e s ) $

( W o r d s ) _ _ _ _ _ _

* In case of error in extension of price into the total price column, the unit price will govern.

All work required and shown on the construction plans and this specification for which no price or item is listed on this proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance or direct payment of any kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will paid therefor.

If the City determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the City, the bid will be replaced as non-responsive.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto.

Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of _______________________________________________________________________Dollar s, said amount being not less than 10 percent of the amount bid. Pursuant to Public Contract Code Sections 20172 and 20174, it is agreed a portion equal to the difference between the low bid and second low bid shall be retained as a bid bond forfeiture by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Name of Bidder

Signature of Bidder

TO BE SUBMITTED WITH PROPOSAL
BP-5

BID PROPSOAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

ACKNOWLEDGEMENT OF ADDENDA RECEIVED

The Bidder shall acknowledge the receipt of addenda by number and date each addendum received.

Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________

Addenda will be issued only through the ARC Document Solutions and access under their Public Planroom ( www.crplanwell.com). It is the Bidder’s sole responsibility to visit the Planroom to obtain and administer any Addendum related to this bid. An Addendum must be acknowledged above by a bidder in its submitted form of Proposal.

If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected.

____________________________________ _____________________________ Bidder’s Signature Date

TO BE SUBMITTED WITH PROPOSAL
BP-6

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

BIDDER'S DECLARATION

It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specificat ions, the Special Provisions, and the Technical Provisions.

2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.

4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.

The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.

The undersigned will begin work after award of C ontract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.

5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder.

6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the City after evaluation of the bids as submitted. The undersigned agrees that the City shall recover or retain as a bid bond forfeiture an amount equal to the difference between the low bid and amount of the bid of the bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contract Code Sections 20172 and 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.

TO BE SUBMITTED WITH PROPOSAL
BP-7

BIDDER'S DECLARATION (Continued)

7. The undersigned bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.

Respectfully submitted,

_______________________________ ______________________________________ Contractor's Business Name Contractor (Print) Title

________________________________ ______________________________________ Business Address: Street Signature Title

________________________________ ______________________________________ City State Zip Contractor's License No. and Classification

________________________________ ______________________________________ Business Phone Number Business Fax Number

Date

________________________________ ______________________________________ Name Title Residence: Street

________________________________ ______________________________________ City State Zip Residence Phone Number

Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co- partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each partner (general and/or limited) must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.

TO BE SUBMITTED WITH PROPOSAL
BP-8

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)

State of California

County of Los Angeles

being first duly sworn, deposes and
says that he or she is of
the party making the foregoing bid, that the bid is not made in the interest of, or on the behalf of, any undiscl osed person, partnership, company, association, organization, or corporation; that the bid is g enuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bi dder, or to fix any overhead, profit, or cost element of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid.

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)

TO BE SUBMITTED WITH PROPOSAL
BP-9

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]

The undersigned, a duly authorized representative of the contractor, certifies and declares that:

1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The undersigned contractor is not ineligib le to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.

3. The undersigned contractor is aware of Ca lifornia Public Contract Code Section 6109, which states:

“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777 .1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.”

“(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”

4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and has determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ______ day of _________, 20 _, at _________ _______ ________ (place of execution) ,
California__________.

Signature: ____________________________ Name: _________________________________

Title: ________________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
BP-10

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

T H A T , a s P r i n c i p a l ,
and , as Surety,
are held firmly bound unto the City of Gardena in the sum of $ ;

D O L L A R S ,
(not less than ten percent of total amount of bid)
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a bid to the City to perform all work required under the following:

PROJECT: NEW PEDSETRIAN CROSSWALK WITH HAWK SIGNAL SYSTEM VERMONT AVENUE AND 133 RD STREET, JN972

NOW, THEREFORE, if said Principal is awarded a Contract by the City and, within the time and in the manner required in the Specifications for sa id project, enters into the written form of Contract bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys’ fee to be fixed by the court. Surety hereby waives the provisions of California Civil Code §2845.

SIGNED AND SEALED, this day of , 20 .

(SEAL) (SEAL)
Principal Surety

BY: BY:

Signature Signature

Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney–in-fact must be attached.

TO BE SUBMITTED WITH PROPOSAL
BP-11

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

DESIGNATION OF SUBCONTRACTORS

In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100- 4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. On ly one subcontractor for each such portion shall be listed.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City.

Portion
of Work
% Subcontractor's Name & Address
Type of
Work
State
License
Number Class
D.I.R.

Number

Not more than _____%.

TO BE SUBMITTED WITH PROPOSAL
BP-12

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

CONSTRUCTION PROJECT REFERENCE

In order to more fully evaluate your background and experience for the project herein proposed, please submit a list of Public Works and/or si milar construction projects completed or in progress within the last three (3) years. Failure to provide this information may constitute grounds for rejection of your bid as non-responsive.

Number of years as a contractor in construction work of this type:

Three projects of this type recently completed:

1. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

2. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Pro ject:

Pro ject Location:

Date of Completion: Contract Amount: $

3. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Pro ject:

Pro ject Location:

Date of Completion: Contract Amount: $

NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition.

Bidder's Signature

TO BE SUBMITTED WITH PROPOSAL
BP-13

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS

As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

F I R M

TITLE OF PERSON SIGNING

S I G N A T U R E

D A T E

Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

TO BE SUBMITTED WITH PROPOSAL
BP-14

BID PROPOSAL

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)

The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of the Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of th e Project, the Contractor shall immediately notify the City.

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

b. Have not within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense 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 statement, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and

d. Have not within a 5-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Signature: ____________________________ Name: _________________________________

Title: ________________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
BP-15

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(Continued)

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

CD-1

CONTRACT DOCUMENTS (CD)

NEW PEDESTRIAN CROSSWALK WITH HAWK SYSNAL SYSTEM
VERMONT AVENUE AND 133RD STREET

PROJECT NO. JN972

FEDERAL PRAJECT No. HSIPL – 5276 (033)

To be Submitted
within twenty-one (21) calendar days

AFTER
Award of Contract

CD-2

CONTRACT DOCUMENT

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

AGREEMENT

THIS AGREEMENT, made and entered into this day of , 20 , by and between CITY OF GARDENA in the State of California, hereinafter referred to as “CITY” and , hereinafter referred to as “CONTRACTOR.”

The City and the Contractor mutually agree as follows:

ARTICLE I.

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees to perform and complete in a good and workmanlike manner all work required by the Contract Documents for City Project No. JN , which is described as follows:

Title: NEW PEDSETRIAN CROSSWALK WITH HAWK SIGNAL SYSTEM VERMONT AVENUE AND 133 RD STREET, JN972

Said work shall be performed in accordance with the Plans, Specifications and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such l abor, materials, equipment and services as are provided in the Contract Documents to be furnished by City.

ARTICLE II.

CONTRACT SUM AND PAYMENT
For performing and completing the work in accor dance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

ARTICLE III.

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire agreement between the City and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bidding Schedule, Bidder's Declaration, Designation of Subcontractors, Bidder's Assurance, and Fair Employment Practices documents; this Agreement; Standard Specifications; Special Provis ions; Technical Provisions; Dr awings; Plans; and all addenda issued prior to and all modifications issued afte r the execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

CD-3
ARTICLE IV.

EFFECTIVE DATE
This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether City or Contractor, executes said Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized.

CITY CONTRACTOR
By: By:

MAYOR (Sign) Sign / Title
Date: Date:

SEAL
Attest: Attest: (Contractor)
By:

CITY CLERK (Sign) By:

Sign / Title
Date: Date:

APPROVED AS TO FORM:

By:

CITY ATTORNEY (Sign)
Date:

VEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEED DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD ASASAASASASASASAAAAAAAAAAAASAAASAAASAAAAAAAAAAAASASASAAAAAAAAAAAAAASASAAASASASAAAAAAASAAAAASASASAAAASASASASAASSASAASSASAASSSSAAASSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS TO F

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12-06-2022

CD-4

CONTRACT DOCUMENT

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

FAITHFUL PERFORMANCE BOND

WHEREAS, the City of Gardena has awarded to ___ _____, hereinafter designated as the "Principal", a Contract for:

PROJECT: NEW PEDSETRIAN CROSSWALK WITH HAWK SIGNAL SYSTEM VERMONT AVENUE AND 133RD STREET, JN972

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;

N O W , T H E R E F O R E , w e ,
as Principal, and
as Surety, are held and firmly bound unto the City in the sum of

Dollars ($ ), this amount being not
less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

In case suit is brought upon this bond, the Surety will pay all court costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors , or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.

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This bond shall remain in full force and effect for a warranty period of one full year after acceptance of the job by the City.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and

Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

CD-6

CONTRACT DOCUMENT

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

PAYMENT BOND

WHEREAS, the City of Gardena has awarded to , as Contractor, a contract for the work described as follows:

PROJECT: NEW PEDSETRIAN CROSSWALK WITH HAWK SIGNAL SYSTEM VERMONT AVENUE AND 133RD STREET, JN972

AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law;

NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of ,
Dollars ($ _____ ) this amount being not less than one hundred percent (100%) of the total Contract price, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, or any other amounts due to persons under any applicable project contract or law, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

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This bond shall remain in full force and effect for six full months after the period in which verified claims may be filed as provided for in Section 3184 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2 0 .

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

CD-8

CONTRACT DOCUMENT

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

WORKER'S COMPENSATION INSURANCE CERTIFICATE

The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.

D A T E D :

CONTRACTOR

B y
Signature

T i t l e

ATTEST:

B y
Signature

T i t l e

CD-9

CONTRACT DOCUMENT

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

AND WAIVER OF SUBROGATION AND CONTRIBUTION

NEW PEDSETRIAN CROSSWALK WITH HAWK SIGNAL SYSTEM
VERMONT AVENUE AND 133RD STREET, JN972

To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Gardena and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.

“Indemnitor”

C o m p a n y / C o n t r a c t o r

N a m e & T i t l e

S i g n a t u r e & D a t e

CD-10

CONTRACT DOCUMENT

PROJECT NO. 972

FEDERAL PROJECT No. 5276 (033)

INSURANCE

CERTIFICATION OF INSURANCE (COI) SHALL BE SUBMITTED BY THE CONTRACTOR

1. COMMENCEMENT OF WORK . Contractor shall not be authorized to commence Work under this Contract until it has obtained approved insurance. Before beginning Work hereunder, during the entire period of this Contract, for any extensions hereto, and for periods after the end of this Contract as may be indicated below, Contractor must have and maintain in place not less than the insurance coverages required in this Section at his sole cost and expense. Contractor’s insurance sh all comply with all items specified by this Contract. Any subcontractors shall be subject to all of the requirements of this Section and Contractor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Contractor’s insurance may cover all subcontractors. The insurance requirements are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Contract.

2. INSURANCE COMPANY REQUIREMENTS. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

3. COVERAGES, LIMITS AND POLICY REQUIREMENTS . Contractor shall maintain the types of coverages indicated below:

4. COMPREHENSIVE GENERAL LIABILITY INSURANCE. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate.

5. COMMERCIAL AUTO LIABILITY INSURANCE . A policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The minimum auto insurance coverage shall be one million dollars ($1,000,000) combined single limit per accident.

6. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE . A policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars ($1,000,000) per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is directed to the requirement that in accordance with the provisions of section 3700 of the California Labor Code, Contractor and every subcontractor will be required to secure the payment of compensation of his or her employees, or obtain a certificate of

CD-11

consent to self-insurance by the Director of Industrial Relations in accordance with the requirements of Section 3700 of the California Labor Code.

In accordance with the provisions of section 1861 of the California Labor Code, Contractor shall sign and file with the awarding body the following certification prior to performing any work on the Project:

"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

7. POLICY REQUIREMENTS. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

(i) City and its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract.

(ii) The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancella tion, non-renewal or material change in coverage.

(iii) For any claims with respect to the Project covered by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City and its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City and its elected and appointed officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not contribute with it.

(iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

8. COURSE OF CONSTRUCTION INSURANCE. Contractor shall provide course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The City shall be named as a loss payee and the insurer shall waive all rights of subrogation against the City. This policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to the City. Course of Construction Insurance may be provided for each separate Phase.

9. ADDITIONAL REQUIREMENTS. The procuring of required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract. City shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.

10. DEDUCTIBLES. Any deductible or self-insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option of the City, either: the insurer shall eliminate or reduce such deducti bles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Contractor); or Contractor shall provide satisfactory financial guarantee for payment

CD-12

of losses and related investigations, claim administration and defense expenses in the amount of any deductibles or self-insured retentions.

11. VERIFICATION OF COMPLIANCE. Contractor shall furnish City with the required endorsements attached hereto. All documents are to be received and approved by City before Work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Contract, Contractor shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.

12. TERMINATION FOR LACK OF REQUIRED COVERAGE. If Contractor, for any reason, fails to have in place, at all times during the term of this Contract, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Contractor’s expense and/or terminate this Contract. Contractor shall indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents and volunteers from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.

13. EQUIPMENT COVERAGE . Any policy or policies of insurance Contractor or his subcontractors elect to carry as insurance against loss or damage to construction equipment and tools or other personal property shall include a provision waiving the insurer’s right of subrogation against City.

SP-i

NEW PEDESTRIAN CROSSWALK WITH HAWK

SIGNAL SYSTEM PROJECT VERMONT AVENUE
AND 133RD STREET, JN 972

FEDERAL PROJECT No. HSIPL – 5276 (033)

SPECIAL PROVISIONS

The following Special Provisions supplement and am end the "Standard Specifications for Public Works Construction", Latest Edition. As a refere nce they have been arranged into a sequence, which parallels the arrangement of the Standard Specifications.

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SPECIAL PROVISIONS

TABLE OF CONTENTS
P a g e N o .

PREFACE: STANDARD SPECIFICATIONS AND
STANDARD DRAWINGS SP-1

Section 1: Definitions SP-1

Section 2: Scope of Control o f t h e W o r k S P - 2

2-1 Award and Execution of Contract SP-2
2-1.1 Proposal SP-2
2-1.2 Examination of Plans, Specification SP-2
and Project Site
2-1.3 Interpretation of Drawings and Documents SP-3
2-1.4 Award of Contract SP-3
2-1.5 Execution of Contract SP-4
2-1.6 Return of Proposal and Guarantee SP-4
2-5.2 Precedence of Contract Documents SP-5
2-9.1 Permanent Survey Markers SP-5
2-9.2 Survey Service SP-6

Section 3: Changes in Work SP-6

3-5 Disputed Work SP-6
3-5.1 Retention of Imperfect Work SP-6

Section 6: Prosecution, Progress and Acceptance of the Work SP-7

6-1 Construction Schedule and SP-7
Commencement of Work
6-7.2 Working Day SP-8
6-8 Completion and Acceptance SP-8
6-9 Liquidated Damages SP-9

Section 7: Responsibilities of the Contractor SP-9

7-1 Contractor’s Equipment and Facilities SP-9
7-1.1 Contractor’s Responsibility for Work SP-9
7-1.2 Notice and Service Thereof SP-9
7-1.3 Warranty of Title SP-10
SP- iii
7-2 Labor SP-10

7-2 Labor SP-10
7-2.2 Laws SP-10
Additional Federal Preva iling Wage Requirements SP-11
Certificate of Eligibility SP-11
Non-Lobbying Certification SP-11
7-3 Liability Insurance SP-12
7-5 Permits SP-13
7-6 The Contractor’s Representative SP-13
7-10 Public Convenience and Safety SP-14
7-10.1 Traffic and Access SP-14
7-10.3 Street Closures, Det ours, Barricades SP-14
7-10.4.4 Edison Energized Conductors SP-15
7-10.4.5 Emergency Provisions SP-16
7-10.4.6 Hazardous Substances SP-16
7-14 Antitrust Claims SP-16

Section 9 Measurement and Payment SP-17

9-3.2 Partial and Fi nal Payment SP-17
9-3.5 Work Performed Without Direct Payment SP-17

Section 10 Dispute Resolution SP-17

10-1 Request for Contract Adjustments and Relief SP-17 10-1.1 SP-17
10-2 Dispute Avoidance and Resolution SP-18
10-2.1 SP-18
10-2.2 SP-18
10-2.3 SP-18
10-2.4 SP-18
10-3 Arbitration SP-18
10-3.1 SP-18
10-4 Claims Disputes SP-18-19

TABLE OF CONTENTS – continued Page No.

SP- 1

SPECIAL PROVISIONS
PROJECT NO. JN 972

PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS

The Standard Specifications for Public Works Construction (“Greenbook”) written and promulgated by the Southern California Chapter of the American Pu blic Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the City. All work shall conform to the latest edition, including supplements, of the Standard Specifications, these Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the City (defined herein as “Agency”) available at the time bids are opened unless otherwise specified in the Contract Documents.

The above referenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract Documents.

For the convenience of the Contractor, the section and subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications.

Section 1 Terms, Definitions, Abbreviations and Symbols

Section 1.2 Definitions

Whenever in the Standard Specification the following terms are used, they shall be understood to mean and refer to the following:

(a) AGENCY The City of Gardena, a California municipal corporation.

(b) BOARD The City Council of the City of Gardena

(c) CONTRACT Documents including but not limited to the proposal forms, DOCUMENTS Standard “Greenbook” Specifications, Special Provisions, Technical Provisions, Notice Inviting Bids, Instructions to Bidders, Bonds, Insurance, Contract and all Addenda setting forth any modifications of the documents.

(d) ENGINEER The City of Gardena Director of Public Works/City Engineer or his authorized representative.

(e) BIDDER An individual, co-partner ship, association or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

(f) LEGAL ADDRESS The legal address of the Contractor to be the address given OF CONTRACTOR on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered.

(g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract.

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Section 2 Scope and Control of the Work

Section 2-1 Award and Execution of Contract

Section 2-1.1 Proposal

The following is in addition to the provision of Section 2-1:

The proposal shall be fully executed and submitted on the forms provided by the Agency and shall be enclosed in a sealed envelope marked and addressed as directed in the “Notice Inviting Bids”.

If the proposal is made by an individual, it sha ll be signed and his or he r full name and address shall be given; if it is made by a firm it sha ll be signed with co-partn ership name by a general partner thereof, who shall also sign his or her known name, and the name and address of each member of such co-partnership shall be give n; if made by a corpor ation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal.

Bidders are warned against making erasures or alterations of any kind on their Proposal.

Proposals which contain omissions, erasures, alte rations, conditions or a dditions not called for may be rejected.

At the time the Contract is awarded by the Agen cy, the Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Bu siness and Professions C ode of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract.

Section 2-1.2 Examination of Plans, Specifications and Project Site

The following is in addition to the provisions of Section 2-1:

Bidders shall read the specifications, review the drawings and examine the existing facilities to fully understand the project in order to plan fo r the improvements as shown in the contract, including local condition, uncertainty of weather and all other contingencies.

Bidders shall satisfy themselves by personal examination of the proposed work sites, and by such other means as they may choose as to actual co nditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, drawings, or from the Engin eer/Architect of the record , shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the Agency.

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Section 2-1.3 Interpretation of Drawings and Documents

The following is in addition to the provisions of Section 2-1:

If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discove rs discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a correction thereof. Interpretations or co rrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, or delivered to each person receiving a set of the Contract Document s whose address is known to the Engineer and such addendum shall be considered a part of and incorporated in the Contract Documents.

Section 2-1.4 Award of Contract

The following is in addition to the provisions of Section 2-1:

After the Proposals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.

The Agency reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the so le judge of the merits of the respective bids received.

Bids subsequently shown to be mathematically unbalanced would be rejected as nonresponsive.

A mathematically unbalanced bid is one contai ning lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which he/she anticipates for the performance of the items in question.

“A bid is mathematically unbalanced if the bid is structured on the basis of nominal prices for some work and inflated prices for other work; that is, each element of the bid must carry its proportionate share of the total cost of the work plus profits.”

“A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting the mathematically unbalanced bi d will result in the lowest ultimate cost to the Government.

Consequently, a materially unbalanced bid may not be accepted.”

Award of the Contract, if it be awarded, will ordinarily be made by the Agency within 30 days after opening of the bids. Award will be made to the lowest responsive responsible bidder.

In selecting the lowest responsive responsible bi dder, consideration will be given to the general competency of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder ma y be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the Agency that he or his associat es are competent to manage the proposed undertaking and to carry it forward to a successful conc lusion. Professional integrity a nd honesty of purpose shall be SP- 4
essential requirements. A showing of adequate financial resources may be required, but will not alone determine whether a bidder is competent to undertake the proposed work.

Only manufacturers or contractors of established reputation, or th eir duly authorized dealers or agency, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award.

Section 2-1.5 Execution of Contract

The following is in addition to the provisions of Section 2-1:

A bidder whose proposal is accepted shall properl y sign a written contract with the Agency on the form attached hereto and return said c ontract together with good and approved bonds and insurance certificates as required by the Contract Documents within twenty-one (21) calendar days from the date of the mailing of a notice from the Agency to the bidder, according to the address given by him, of acceptance of his pr oposal. Contract bonds and certificates of insurance, if required, shall be filed in all inst ances before delivering a ny equipment, materials, or performing any work under the contract; also be fore any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.

If a bidder whose proposal is accepted fails or refuse s to enter into a contract as herein provided, or to conform to any stipulated requirement in connection ther ewith, the money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the Agency enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the Agency, an award may be made to the bidder whose proposal is next most acceptable to the Agency, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made.

A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California and of the authority of the officer signing the contract and bonds for the corporation to so sign.

Section 2-1.6 Return of Proposal and Guarantee

The following is in addition to the provisions of Section 2-1:

The check or bond of a bidder to whom the contr act has been awarded will be returned to him after all of the acts, for the performance of whic h said security is requ ired, have been fully performed. The checks or bid bonds of the sec ond and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Check or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids.

SP- 5
Section 2-5.2 Precedence of Contract Documents

The following supersedes the provisions of Section 2-5.2:

The order of precedence of contract documents shall be:

FIRST Requirements of law, including the Code and Ordinances of the City of Gardena.

SECOND Permits from other agencies as may be required by law.

THIRD Permits from City of Gardena Departments as may be required by law or ordinance.

FOURTH The Contract.

FIFTH The Bid Proposal.

SIXTH Addenda.

SEVENTH Notice Inviting Bids.

EIGHTH Instructions to Bidders.

NINTH Technical Provisions.

TENTH Plans.

ELEVENTH Special Provisions of the Standard Specifications.

TWELFTH Standard Plans.

THIRTEENTH Standard Specifications for Public Works Construction (current edition).

FOURTEENTH Caltrans Standard Plans and Specifications.

FIFTEENTH Reference Specifications.

Change orders, supplemental agreements and approved revisions to Plans and Specifications will take precedence over documents listed above , except those listed as FIRST, SECOND and THIRD. Detailed plans shall have precedence over general plans.

Section 2-9.1 Permanent Survey Markers

The following supersedes the provisions of Section 2-9.1:

The Contractor is required to locate and tie out survey monuments in the project area prior to construction involving street and highways, or City public right of way and to file with the County Surveyor a Corner Record of any such wor k. Prior to final payment and the issuance of a completion certificate, the Contractor is required to file a Corner Record for survey SP- 6
monumentation that is replaced. All such survey work shall be performed under the supervision of a California licensed Land Surveyor or a Civil Engineer authorized to perform such work.

The Contractor shall provide the Agency a copy of the offi ce calculations and documents submitted to the County for filing in connection with the aforementioned work.

The payment for surveying, relate d professional services, office ca lculation, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, a nd no additional compensation will be allowed therefor.

Section 2-9.2 Survey Service

The following supersedes the provisions of Section 2-9.2:

Unless otherwise provided in the Technical Pr ovisions, establishing lines and grades for construction shall be the responsibility of the Contractor, with the following provisions:

All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, an d for the control of c onstruction, shall be the responsibility of the Contractor. All such su rveys, including construction staking, shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved.

The Contractor shall provide a c opy of the office calculations a nd grade sheets to the Agency’s Inspector. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking.

Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calc ulations, furnishing all labor, ma terials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor.

Section 3 Changes in Work

Section 3-5 Disputed Work

Section 3-5.1 Retention of Imperfect Work

The following is in addition to the provisions of Section 3-5:

If any portion of the work done or materials furn ished under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the E ngineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructe d, but he shall make deductions therefor in the payment of the cont ract item due Contractor as may be just and reasonable.

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Section 6 Prosecution, Progress and Acceptance of the Work Section 6-1&onstruction Schedule
The Contractor’s proposed construction schedule shall be submitted to the Engineer within IRXUtHen (1 ) working days after the date of the contract execution. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered.
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FRQWUDFW H[HFXWLRQ Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures.

The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the P ublic Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.

The Contractor shall also notify the City of Gardena and the owners of all utilities and substructures within the Project area not less than 48 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct:
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Los Angeles County Fire Dept.

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Waste Resources of Gardena
Golden State Water Co.

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Joseph Salcido
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The Contractor shall submit periodic Progress reports to the Engineer by the tenth day of each month. The report shall include an updated Cons truction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

Section 6-7.2 Working Day
The following is in addition to the provisions of Section 6-7:

The Contractor’s working hours shall be limited to the hours between 9:00 A.M. and 3:30 P.M., Monday through Friday except holidays. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection.

Contractor hereby acknowledges and shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to thos e sections, eight (8) hours of labor shall constitute a legal day’s work. Contractor shall pay to the Agency a penalty of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar da y or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor.

Section 6-8 Completion and Acceptance
The following is in addition to the provision of Section 6-8:

In addition to the guarantees as required in Se ction 2-4 of the Standa rd Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the Agency to insure that defects, which may appear within said period, will be repaired, replaced, or corrected by the Contractor, at his own cost and expense, to the satisfaction of the Engineer within thirty (30) days after written notice thereof by the Agency.

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Section 6-9 Li quidated Damages
The following is in addition to the provisions of Section 6-9:

The amount of liquidated dama ges is hereby amended to $3,000 for each consecutive calendar day.

Section 7 Responsibilities of the Contractor
Section 7-1 Contractor’s Equipment and Facilities
Section 7-1.1 Contractor’s Responsibility For Work
The following is in addition to the provisions of Section 7-1:

Until the formal acceptance of the work by the Ag ency, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished in accordance with 7-3 hereof, bear the risk of accident , loss or damage to any part ther eof by action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work.

The Contractor shall rebuild, repa ir, restore and otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance.

In case of suspension of work from any cause wh atever, the Contractor shall be responsible for all materials and the proper temporary storage thereof.

Section 7-1.2 Notice and Service Thereof
Any notice required or given by one party to the other under the contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be ef fective for any purpose whatever unless served in the following manner:

Notice shall be given to the Agency by personal delivery thereof to the City of Gardena Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to:

Public Works Department
City of Gardena
1717 W. 162
nd Street
Gardena, CA 90247-3778
Notice shall be given to the Cont ractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered.

Notice shall be given to the Surety, or any othe r person, by personal delivery to said Surety or other person, or by depositing the same in the Unite d States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered.

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Section 7-1.3 Warranty of Title
No materials, supplies or equipment for the work under this Contract shal l be purchased subject to any chattel mortgage or und er a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all material s, supplies and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises , together with all improvements and appurtenances constructed or placed thereon by him to the Agency free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm or corporation furnishing a ny material or labor for work c overed by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from inst alling metering devices or other equipment of utility companies the title of which is commo nly retained by the utility company. Nothing contained in this section, howev er, shall defeat or impair the ri ght of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Agency. The provisions of this section shall be inserted in all subc ontractor’s and material contracts, and notice of its provi sions shall be given to all pers ons furnishing materials for the work when no formal contract is entered into regarding such materials.

Section 7-2 Labor
Section 7-2.2 Laws
The following is in addition to the provisions of Section 7-2.2:

Each bidder must submit with the Bid Proposal a fully executed Certificate of Non- Discrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate.

After the opening of bids and the determination of the low bidder, said low bidder shall submit to the Public Works Department, no later than 5:00 P.M. on the third working day following the bid opening, a completed “Fair Employm ent Practices Contractor Co mpliance Report”. (Applicable for Federal Funded Projects).

Contractor is advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wa ges. Accordingly, Contractor and all Subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of I ndustrial Relations, and otherwise comply with the provisions of Section 1770 et seq. of the Californi a Labor Code and any applicable laws, rules and regul ations adopted with respect th ereto (“California Prevailing Wage Laws”). Copies of such prevailing rates or pe r diem wages are on file at the office of the Gardena City Clerk and the office of the City En gineer, and copies shall be made available to any interested party on request. Contractor shall post a copy of the rates at the Project site.

Contractor shall, as a penalty to the Agency, forfeit Fifty Dollars ($50.00) (or any higher rate established by the California Prevailing Wage Laws ) for each calendar day, or portion thereof, for each worker that Contractor or its Subcontractors pay at less than the prevailing rates, as determined by the Director, for such work or cr aft in which such worker is employed for any public work done under the Contract.

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Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by C ontractor or any Subc ontractor under it.

Contractor and any Subcontractor under it shall comp ly with the requirements of said sections in the employment of apprentices.

In accordance with the requirements of the Ca lifornia Prevailing Wage Laws, Contractor and each Subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time, and overtime hour s worked each day and week, and the actual per diem wages paid to e ach journeyman, apprentice, worker, or other employee employed by it in connection with th e work done under the Contract. The payroll records shall be certified and made available for inspection at all reasonable hours in accordance with the California Prevailing Wage Laws. Contractor shall be subject to, and fully comply with, all California Prevailing Wage Laws, including, but not limited to, those pertaining to the maintenance and inspection of certified payroll records.

The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

In addition, the Contractor and any subcontract ors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no le ss than monthly as follows: Any project that was being monitored by the DIR’s Compliance Monitoring Unit/Labor Commissioner as of June 20, 2014 will continue to be monitored by the Labor Commissioner and the contractors on those projects must continue to furnish certified payroll records to the Labor Commissioner until the project is complete.

For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner.

For projects besides those listed above, the Labor Commissioner may at any time require the contractors and subcontractors to furnish electronic certified payroll records.

As of January 1, 2016 , the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing.

Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR-approved labor compliance programs (Caltrans, City of Lo s Angeles, Los Angele s Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.

These new requirements will apply to all pub lic works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.

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Additional Federal Prevailing Wage Requirements
Notwithstanding, the above is a federally assisted constructi on contract and Federal Labor standards, including Davis-Bacon requirements will be enforced. These requirements include submission to the City weekly, for each week in which any contract work is performed, a copy of payrolls in accordance with 29 CFR 5.5(a)(3)(1) and (ii). Failure to timely provide accurate and complete payroll reports shall constitute grounds for return ing a payment request pursuant to Public Contracts Code section 201040.50. If Fede ral and State prevailing wage rates are applicable, then the higher of the two shall prevail.

Certification of Eligibility
By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contracto r’s firm is a person or firm in eligible to be awarded government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontract ed to any person or firm ineligible for award of a government contract by virtue of Section 3( a) of the Davis-Bacon Act or 29C FR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pur suant to 24 CFR Part 24. Consultant shall execute a federal “Government-Wide Debarment and Suspension Certifi cation” concurrently with this Agreement, in the form attached to this Agreement as Exhibit “F”.

Non-Lobbying Certification
By entering into this Contract, Contractor pr esents that no compensation it receives under this Contract (whether from Agency or any federal source) has been paid or will be paid to any person for the purpose of lobbying or influencing any elected or appointed federal, state or local official in connection with the awarding of this Contract to Contractor, except as permitted by law. Contractor shall execute a federal “Lobbying Certification” concurrently with this Contract, in the form attached to this Agreement as Exhibit “G”.

Section 7-3 Liability Insurance
The following supersedes the provisions of Section 7-3:

The Contractor shall, at its expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers licensed to sell insurance in the State of California and having a “A-VII” or higher rating in the latest edition of Be st’s Insurance Guide, and shall be subject to approval by the Agency’s Risk Manager:

Workers’ Compensation and Employer’s Liability
x Workers’ Compensation – coverage as required by law
x Employer’s Liability – limits of at least $100,000 per occurrence Comprehensive General Liability
x Combined Single Limit - $1,000,000
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x Aggregate - $2,000,000
Automobile Liability
x Combined Single Limit - $1,000,000
The automobile and general comprehensive liability policies may be combined in a single policy with a combined single limit of $1,000,000.

All of the Contractor’s policies shall contain an endorsement providing written notice to be given to the Agency at least 30 calendar days prio r to termination, cancel lation or reduction of coverage in the policy
The Bodily Injury and Property Damage Liability policies shall contain the following:

1. An endorsement extendi ng coverage to the Agency as an additional named insured, in the same manner as the named insured as respects liabilities arising out of the performance of any work under the Contract. Such insurance shall be primary insurance as respects the interest of the Agency, and any other insurance maintained by the Agency shall be excess and not contributing insurance with the insurance required hereunder.

2. “Severability of Interest” clause.

3. Elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.

4. Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract.

Any deductibles or self-i nsured retentions must be declar ed to and approved by the Agency.

Contractor shall guarantee that, at the option of the Agency, either (A) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its directors, officials, officers, em ployees and agents; or (B) Contract or shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses, in the amount of any deductibles or self-insured retentions.

Promptly on execution of the Contract, and prior to commencement of any work, the Contractor shall deliver to the Agency copies of all requi red policies and endorsements thereto on the forms supplied by the Agency.

The Contractor shall require and verify similar insurance on the part of its Subcontractors.

The foregoing requirements as to the types, limits and Agency approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligation assumed by the Contractor under the Contract.

Any policy or policies of insurance that the Cont ractor or his Subcontract ors elects to carry as insurance against loss or damage to their cons truction equipment and to ols or other personal property used in fulfillment of this Contract shall include a provision waiving the insurer’s right of subrogation against the Agency.

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The cost of all insurance shall be included in the contractor’s bid.

Instructions for completing the required endorseme nts and forms therefor are attached to these Special Provisions as Exhibits A-E.

Section 7-5 Permits
The following supersedes the provisions of Section 7-5:

The Contractor will obtain, at no cost to the Agen cy, all permits necessary to perform the work on streets, highways, railways or other rights-of-ways including th e City of Los Angeles. The Contractor shall obtain and pay for all costs in curred for permits necessitated by its operations such as, but not limited to those permits required for night work, overload, blasting and demolition. For private contracts, the Contractor shall obtain all permits incidental to the work or made necessary by its operations, and pay all costs incurred by the permit requirements.

The Contractor and each subcontractor employed upon the work must have or obtain a valid City of Gardena Business License in accordance with the provisions of the Gardena Municipal Code.

Section 7-6 The Contr actor’s Representative
The following is in addition to the provisions of Section 7-6:

The Contractor shall furnish the Engineer with the name, address and cell/ business/home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices.

Section 7-10 Public Convenience and Safety
Section 7-10.1 Access
The following is in addition to the provisions of Section 7-10.1:

The Contractor shall provide temporary “No Parking” and all other signs which are necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer and as specified herein. He/She shall also provide an approval barricaded area in the parking lane for pedestrian traffic during such time as the parkway is unfit to be used for pedestrian traffic.

At such times as driveways are inaccessible due to the Contractor’s work, they shall be blocked by two (2) Class II barricades or one (1) Class II barricade and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a barricade or delineator at each side. The Contractor shall give 24-hour notice to affected property owners prior to blocking any driveway.

The Contractor shall provide access for refuse collection on the regularly scheduled days. He shall also facilitate or assist in the collection where such work is hampered by his operations.

Section 7-10.3 Street Closures , Detours, and Barricades SP- 15
The Contractor shall not close a ny street within the City of Gardena without first obtaining the approval of the Engineer. Barricading, traffic c ontrol and detour diagrams in connection with street closures shall be submitted by the contractor as required by the Engineer.

The Contractor shall provide and install ba rricades, delineators, warning devices and construction signs in accordance with the California Manual of Temporary Traffic Controls or W.A.T.C.H. Handbook. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. All traffic signs and devices shall also conform to the Californi a Manual of Temporary Traffic Controls or W.A.T.C.H. Handbook.

The Contractor shall provide a nd maintain Type II barricades along excavation edges parallel to the flow of traffic at a maximum spacing of twenty -five feet. Type II barricades mounted with flashers shall be installed around work areas in parkways. Type II barricades shall have alternating reflective orange and reflective white st ripes at an angle of 45 degrees. The strip width shall be in accordance with Table 5-1 “Barricade Characteristics” “Manual of Traffic Controls for Construction and Maintenance Work Zones”.

During paving operations, barricades may be supplemented with minimum size eighteen-inch high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty feet. Traffi c cones and delineators used within State right- of-way shall be a minimum size of twenty-eight inches high. At all access points such as intersecting streets, alleys and driveways, barricad es and/or cones shall be provided at five foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a “Road Closed” sign shall be provided at the nearest prior intersection. “No Left Turn” signs shall be provided wherever required by the Engineer.

When one-way access from a side street or al ley is permitted, barricad es and cones shall be provided at five-foot intervals for a distance of fifty feet on either side of the centerline of the intersecting street, or alley.

Should the Contractor fail to fu rnish a sufficient number of tra ffic and/or pedestrian safety devices, the Agency will place such necessary items and the Contractor shall be liable to the Agency for providing such devices in accordance with the following provisions:

1. For placing of barricades: $5.00 per barri cade for the first day or any part thereof and $2.00 per barricade, per day, for each day thereafter or any part thereof. For flashers: $2.50 per flasher for the first day or any part thereof and $1.00 per flasher, per day, for each day thereafter or any part thereof. For traffic cones:
$1.00 per cone for each day or any part thereof.

2. In the event that the services of the Agency are required between the hours of 5:00 P.M. and 8:00 A.M., during the normal week or at any time on Saturday, Sunday or a Agency holiday, there shall be an additional charge to the above set forth minimums of $188.00 for each service trip required.

Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construc tion shall be replaced by the Contractor at his expense as di rected by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by SP- 16
the Agency. Traffic control signs include Stop Signs, Speed Limit, Parking Restrictions and other regulatory signs.

Section 7-10.4.4 Edison Energized Conductors
The following is in addition to the provision of Section 7-10.4:

Contractor hereby promises and agrees that in the performance of the work specified in this Contract, it will employ and utilized only qualified persons, as hereinafter defined, to work in proximity to Edison’s secondary, primary and transmission facilitie s. The term “qualified person” is defined in Title 8, California Administrative Code, Section 2700, as follows:
“Qualified Person: A person who by reas on of experience or instruction is familiar with the operation to be performed and the hazards involved.” Contractor further promises and agrees that the provisions of this section shall be and are binding upon any subcontractor or su bcontractors that may be retained by it, and that Contractor shall take such steps as are necessary to assure compliance by said subcontractor or subcontractors with the requirements of this section.

Section 7-10.4.5 Emergency Provisions
The following is in addition to the provisions of Section 7-10.4:

Unusual conditions may arise on the work wh ich will require that immediate and unusual provision be made to protect th e public from danger or loss or da mage to life and property, due directly or indirectly to the prosecution of the wo rk, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.

Whenever, in the opinion of the Agency, an emergency exists of which the Agency is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the Agency, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the Agency may provide suitable pr otection to said interests by causing such work to be done and material to be furnished, as in the opinion of th e Agency may seem reasonable and necessary, all at the expense of the Contractor.

Section 7-10.4.6 Hazardous Substances
The following is in addition to the provisions of Section 7-10.4:

As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any cond itions, notify the Agency of: (1) any material discovered in excavation that Cont ractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III di sposal site; (2) subsurf ace or latent physical conditions at the site differing from those indicated by the Agency; and (3) unknown physical conditions of an unusual nature at the site, significantly different fr om those ordinarily encountered in such contract work. Upon notification, the Agency shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, SP- 17
Contractor shall not be excused from any schedul ed completion date and shall proceed with all work to be performed under the Contract, but sh all retain all rights provided by the Contract and by law for making protests and resolving the dispute.

Section 7-14 Antitrust Claims
The following is in addition to the provisions of Section 7-14:

By entry into this Contract, Contractor he reby acknowledges the terms of Section 7103.5 of the Public Contract Code and hereby offers and agrees to assign to the Agency all rights, title and interest in all causes of action it may have as outlined above.

Section 9 Measurement and Payment
Section 9-3.2 Partial and Final Payment
Section 9-3.2 is hereby deleted and replaced with:

The closure date for periodic progress payments will be the twenty-fifth day of each month.

Authorization to pay is commonly received on the tenth day of the following month. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents.

Section 9-3.5 Work Performed Without Direct Payment
The following is in addition to the provisions of Section 9.3:

Tools and materials of any cla ss for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tool s and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materi als shall be included in the unit bid prices in the Proposal and no additional compensation will be paid therefor.

Section 10 Dispute Resolution
The following Section 10 is in addition to any provisions in the Standard Specifications:

Section 10-1 Requests for Cont ract Adjustments and Relief Section 10-1.1 If either Contractor or the Ag ency believes that it is entitled to relief against the other for any event arising out of or related to the work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in the applicable sections of this Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed fourteen (14) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the even t or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request.

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Section 10-2 Dispute Avoidance and Resolution
Section 10-2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreement s do arise, Contractor and the Agency each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the work under the Contract.

Section 10-2.2 Contractor and the Agency w ill first attempt to resolve disputes or disagreements at the field level through discussions between Contractor’s Representative and the Engineer.

Section 10-2.3 If a dispute or disagreement ca nnot be resolved through the Contractor’s Representative and the Engineer, Contractor’s Chief Executive Officer or similar senior representative and the Gardena City Manager, or designee, upon the request of the other party, shall meet as soon as conveniently possible, but in no case later than twenty (20) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meeting between the parties’ senior representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement.

Section 10-2.4 If, after meeting, the senior re presentatives determine that the dispute or disagreement cannot be resolved on terms satisfact ory to both parties, the parties may submit the dispute to binding or non-binding mediation. Th e mediation shall be conducted in any manner and by any person or mediation association mutually acceptable to the parties.

Section 10-3 Arbitration
Section 10-3.1 Any claims, disput es or controversies between the parties arising out of or relating to the Contract, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 10-2 above may be decided by binding or non-binding arbitration. The arbitration sh all be conducted in a ny manner and by any person or arbitration association mutually acceptable to the parties.

Section 10-4 Claims Disputes
Any claims of Contractor, as “claims” are define d in California Public Contract Code Section 9204 shall be processed in accordance with that s ection. Section 9204 provide s in relevant part that upon receiving a claim from a contractor, together with reasonable documentation to support the claim, a contracting public entity shall conduct a reasonable review of the claim and, within a period not to exceed 45 days [except as otherwis e provided in Section 9204], shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim sh all be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. If the contractor disputes the public entity’s written response, or if the public entity fails to respond to a claim within the time prescribed, the contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receip t of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity sh all schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in SP- 19
dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portio n that is undisputed. Any payment due on an undisputed portion of the claim shall be proces sed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in writing, shall be submitte d to nonbinding mediation, with the public entity and the contractor sharing the associated costs equally. The public entit y and contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each part y shall bear the fees and costs charged by its respective mediator in connection with the selec tion of the neutral medi ator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
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Section 1. Specifications
All work and materials shall conform to the "Standard Specification for Public Works Construction", latest edition, except as modified by the contract and these Technical Provisions.

Section 2. Working Hours and Days
:00 a.m. to :0 p.m., weekdays except City Holidays.

If the Contractor works beyond the allowed working hours without prior written approval from the Engineer, the Contractor may be charged Five Hundred ($500) for each occurrence as required by the Engineer. The amount will be deducted from a progress payment or bond.

Section 3. Progress Schedule
Within ten (10) working days after the Notice of Award, the Contractor shall submit to the Engineer a progress schedule. Modified progress schedules shall be submitted if any major items of work are rescheduled.

Section 4. Notification of Property Owners and Tenants
The Contractor shall notify each property owner and/or tenant in the project area in writing five (5) working days prior to the start of construction. If pedestrian or vehicular access to private property is to be blocked, the Contractor shall again notify each property owner and/or tenant in writing five (5) working days prior to construction activities.

The written notice shall be submitted to the Engineer for approval prior to being delivered.

Section 5. Extra Work
When work is performed on a "time and materials" basis, the following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:
1) Labor ................................................. 20 2) Materials ............................................ 15

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
-TP2-
3) Equipment Rental .............................. 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.

When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

Section 6. Construction Staging
The Contractor shall include in his bid all costs to perform the work under this contract in stages. The Contractor shall begin and complete work in each stage prior to starting work in subsequent stages unless previous permission is obtained from the Engineer. The contractor shall stage the work to allow parking on the next adjacent streets. Restricting parking on multiple adjoining streets shall require approval of the engineer.

Section 7. Project Site Maintenance
The Contractor shall keep the work site clean and free from rubbish and debris.

The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water in keeping with the AQMD and NPDES requirements. Debris, soil or other matter shall not be washed into storm drains but shall be collected and disposed of in a legal, responsible manner. The construction area shall be cleaned with a power sweeper at the end of every workday and when deemed necessary by the Engineer.

The Contractor shall not spill on haul routes. Any such spillage shall be removed immediately, and the area cleaned.

Stockpiling of construction materials or debris on City right-of-way shall be in accordance with the NPDES permit and shall be approved by the inspector. At the completion of work, the Contractor shall thoroughly clean all work areas.

Construction equipment shall not be stored at the construction site, any public

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
-TP3-
street or publicly owned facilities without approval of the City. Contractor shall store equipment at a contractor’s rental yard.

Section 8. Existing Facilities
Any facilities, structures, water lines, landscaping, surfaces, signs, pavement markings, painted curbs, house numbers, etc., which are damaged during construction shall be restored to the satisfaction of the City. Damaged water lines shall be repaired immediately at no additional cost to the city.

Section 9. Access to Private Property
The Contractor shall be aware that business and residential access must be maintained at all times. The Contractor shall schedule operations to minimize interference with access to private property.

The main access way to any business or home shall not be completely blocked for more than one four hour period a day except blockage shall be limited to one twenty-four hour period when concrete is poured.

Temporary access ways shall be provided from the street to the main access way of all businesses and homes by use of traffic rated steel plates or any other method approved by the city.

Payment for this item shall be included in the applicable contract work item.

Section 10. Traffic Control
A minimum of two (2) lanes (one lane in each direction) shall be maintained at all times for a continuous flow of traffic, except as otherwise approved by the Engineer.

Lane closures shall be allowed between 8:00a.m. and 4:00p.m. only. No traveled lane shall be closed overnight without prior City approval. Access to private property shall be maintained at all times.
"Temporary No Parking" signs shall be posted no more than 100 feet apart at least 72 hours prior to work. The signs shall be mounted on either 1” x 2” X 3’ high wood stakes, Type II barricades, or 39-inch high delineators. Signs shall not be posted on trees, traffic signal poles, utility poles, street lights, or any other

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
-TP4-
street furniture. Signs shall be professionally made of moisture-resistant, heavy duty cardboard or other approved material. "Temporary No Parking" signs shall be maintained by the contractor at all times and shall be approved by the Engineer prior to posting. Cover existing street signs as directed by the Engineer.
"Temporary No Parking" signs shall be implemented for one week only (M-F) at a time. Signs shall be removed and reposted each week as needed and approved by the City.

DURING PAVING OPERATIONS, THE CONTRACTOR SHALL PROVIDE

INDIVIDUALS AND EQUIPMENT DESIGNATED TO PERFORM AND
MAINTAIN TRAFFIC CONTROL ONLY. The Contractor shall furnish, place and maintain all temporary traffic control devices required for the safe and orderly flow of vehicular and pedestrian traffic during construction. All Traffic control shall conform to the California Manual of Temporary Traffic Controls (California M.U.T.C.D.) or Work Area Traffic Control Handbook (W.A.T.C.H.

Handbook).

If traffic control measures are not in conformance with these provisions, the project shall be stopped until conformance is attained to the satisfaction of the Engineer.

At locations where excavations are left open overnight, flashing barricades shall be placed along the excavation at a maximum spacing of 20 feet. A minimum of 3 flashing barricades shall be placed at any one excavation.

Temporary striping will be permitted only on base course and pavement to be overlaid. Temporary pavement markings to be placed on new asphalt shall be spaced at 25 ft maximum and shall be removable without damage to the new overlay. Method of temporary markings shall be submitted to the Engineer for approval at the preconstruction meeting.

The Contractor shall submit and obtain written approval of traffic control plans from the Engineer five (5) working days prior to implementing.

Temporary lane closures shall be allowed during working hours specified in these Technical Provisions. Temporary lane closures maintained beyond the normal work ing hours may have a negative economic effect on the local re sidential, commercial/industrial

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
-TP5-
business, and traveling public. Unless the Contractor secures prior written approval from the Engineer to maintain temporary lane closures beyond the working hours allowed, the Engineer may deduct a fee from a progress payment or bond for each temporary lane closure maintained beyond the allowed working hours. The fee will be accessed at a rate of Five Hundred ($500) per each travel lane per each thirty (30) minute interval, or fraction thereof as required by the Engineer. In no event will work be allowed past 5pm.

Section 11. Excavation
Payment for excavation shall be incidental and included in the appropriate unit price bid.

Section 12. Asphalt Pavement Removal
The edges of asphalt pavement remaining in place shall be sawcut and shall have clean, solid vertical faces. The edges of asphalt pavement broken during construction shall be resawn and removed before surfacing material is placed at the expense of the Contractor
All edges shall be parallel or perpendicular to curb faces except cuts around objects shall be on a curvilinear cut, a maximum 4 inches departure from the straight cut every 2 feet.

Costs for Asphalt Pavement Removal shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.

Section 13. Concrete Removal
Concrete to be removed shall be sawcut to a minimum depth of 5 inches at score marks or as marked by the City. Sawed edges, broken or chipped during construction shall be resawn at the contractor's expense. Increase in concrete quantity due to resawing shall not be considered for payment. Upon concrete removal, the City Parks Superintendent shall be informed to check and approve all roots to be removed. If he determines the tree cannot be saved, removal

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972
FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
-TP6-
and planting of a new tree shall be per unit cost.

All edges shall be parallel or perpendicular to curb faces except cuts around objects shall be on a curvilinear cut, a maximum of 4 inches departure from the straight cut within every 2 feet. The edges of Portland cement concrete remaining in place shall be sawcut and shall have clean, solid vertical faces.

Concrete removed shall be replaced within five (5) days after removal. All restorations shall be completed a maximum of five (5) days after concrete placement (i.e. backfill, grading of dirt, asphalt repave etc.) One Hundred ($100) dollars per calendar day and location shall be charged to the Contractor for failure to comply with the above schedule as required by the Engineer.

Costs for concrete removal shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.

Section 14. Crushed Miscellaneous Base
The Contractor shall furnish Certified Weight Tickets for material delivered to the job site and deliver it to the Engineer or his representative before the end of the working day.

The City may hire a qualified soils engineer to perform all tests required in accordance with the “Greenbook”. If the material furnished by the Contractor fails any tests, the Contractor shall remove said material and shall complete the construction of the crushed miscellaneous base (CMB) with material acceptable to the Engineer at no extra cost to the City.

Costs for base material (CMB) shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.

Section 15. Portland Cement Concrete
Concrete shall be 520-C-2500 for curb-gutter, curb ramps, driveways, sidewalk and concrete pavement. Curing compound shall be Type 2 (if required).

Costs for Portland Cement Concrete shall be incidental and included in the bid

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972

FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
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item of work for which it is required, and no additional payment will be allowed therefore.

Section 16. Concrete Sidewalks

Concrete sidewalk construction shall include removal and disposal of existing interfering structures, tree roots, objects, soil, etc. Contractor shall remove and replace any inadequate existing base material with compacted CMB.

Any damaged utility boxes, traffic signal pull boxes, etc., shall be replaced. All boxes shall be adjusted to grade and all costs for this work shall be incidental and included in this item of work.

Payment and measurement for the “Remove and Construct PCC Sidewalk Complete” shall be per square footage (SF) of sidewalk removed and constructed to limits shown on Contract Drawings. Full compensation for this item shall include all labor, materials, crushed miscellaneous base (CMB) under sidewalk, adjustments of any utility boxes to grade, equipment, tools and incidentals, removal and disposal of material, for doing all the work involved.

Section 17. Concrete Curb & Gutter

Concrete curb and gutter construction shall include removal and disposal of existing interfering structures, objects, soil, etc. “Remove and Construct PCC Curb and Gutter Complete” payment and measurement bid items shall comply with this section.

Curb & gutter to be replaced shall be installed per plan within the limits of the replacement. Re-painting of newly constructed curbs along the project corridor shall match existing color where applicable.

Removal, disposal and construction of adjacent asphalt hot mix paving (C2 PG64-10) over 6-inch thick C.A.B. shall be included.

Payment and measurement for the “Remove and Construct PCC Curb and Gutter Complete” shall be per linear foot (LF) of curb and gutter or curb removed and constructed to limits shown on Contract Drawings. Full compensation for this item shall include all labor, materials, equipment, tools, re- painting of curbs, and incidentals, removal and disposal of material, on-site surveying and field design required to ensure proper drainage, and for doing all

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972

FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
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the work involved.

Contractor shall ensure curb and gutter and pavement slopes to drain properly.

Any low spots created by the new improvements shall be removed and reconstructed at the Contractor’s expense

Section 18. Concrete Curb Ramp

Curb Ramp construction shall include removal and disposal of interfering structures, objects and soil. Ramp shall be 4" thick concrete over 6" thick C.A.B.

The following requirements are needed to comply with applicable standards:

x Slope of Ramp (Y) < 8.33%
x Slope of wing on side of ramp (X1 and X2) <10%
x Landing at top of ramp (L) < 2.00%
x Must have grooves at edge of ramp
x A lip cannot be present where ramp meets gutter
x Use of truncated domes, minimum 36”

Contractor to furnish and install detectable warning surfaces at all locations called out in the contract drawings. Detectable warning surfaces (DWS) shall conform to Federal Standard 585C color number FS33538 (yellow) and shall be integral with DWS. Surface coatings such paint shall not be allowed to be applied on the DWS. The truncated domes of the DWS shall have in-line pattern and shall be part of a prefabricated surface panel

Costs for Detectable Warning Surface shall be incidental and included in the bid item of work for which it is required, and no additional payment will be allowed therefore.

Included in this construction is the adjustment and protection of sweeps, conduits, pull boxes, utility access frames and covers to finished grade and protection of traffic detectors, stub-outs and homeruns. Traffic detectors damaged by the Contractor's operations shall be replaced at the Contractor's expense.

At locations where street lighting or traffic signal poles encroach into the curb ramp to be installed, concrete pedestals shall be constructed between finished grade and pole bases.

THECHNICAL PROVISIONS

NEW PEDESTRIAN CROSSWALK WITH HAWK
SIGNAL SYSTEM VERMONT AVENUE AND 133RD STRET, JN972

FEDERAL PROJECT No. HSIPL – 5276(033)

TECHNICAL PROVISIONS
- T P 9 -

Removal, disposal and construction of adjacent curb & gutter, spandrel, cross gutter, and 24 to 72 in. wide hot mix asphalt paving (C2 PG64-10) over 6 in. thick C.A.B. shall be included. Ramp shall be poured separately from curb and gutter (min. 24hrs after curb and gutter).

Payment and measurement for “Remove and Construct PCC Curb Ramps Complete” shall be per each (EA) curb ramp location removed and constructed to limits shown on Contract Drawings, or from BCR to ECR if not otherwise shown. Full compensation for this item shall include all labor, materials, crushed miscellaneous base (CMB), equipment, tools, adjustments of any utility boxes to grade, re-painting of curbs, removal and disposal of material, and incidentals, for doing all the work involved.

Section 19. Curb Ramps (Modified)

Curb ramp shall be per Section 18, except concrete spandrel shall be sawcut 6" from curb face and minimum asphalt replacement will be required if any.

Section 20 . Survey and Monumentation

The Contractor shall provide all surveying to complete the project and to replace any damaged monuments, benchmarks, ties, etc. All survey work shall be performed by a Land Surveyor registered by the State of California. Work shall be laid out and constructed so as to provide smooth profiles to adjacent improvements and drainage of all surfaces.

PRIOR TO START OF CONSTRUCTION, the Surveyor shall locate and provide ties for all existing centerline monuments and centerline ties. The Surveyor shall file a corner record of these monuments and ties with the County Surveyor. A copy of these corner records shall be given to the Engineer prior to start of construction.

Gardena City CouncilDecember 13, 2022

Gardena City Council
December 13, 2022