Huntington Park City Council
April 5, 2022

In all projects in which federal funds are awarded that trigger Davis Bacon Related Act (DBRA) compliance, the City must designate a Labor Compliance Specialist to monitor compliance and take responsibility for enforcement of HUD grant regulations. City staff has relayed that federal labor standard provisions apply to construction work financed with Community Development Block Grant (CDBG) funds at the pre-bid meeting held on March 15, 2022.

The labor compliance officer will provide pre-bid assistance to City staff in preparing related documents to ensure compliance with federal, state and the City’s regulations.

Consultant will attend weekly meetings with the contractor and their subcontractors, review certified payroll records and other related documents; conduct interviews, and prepare reports as necessary to conform to the federal CDBG requirements. Labor compliance support from an outside consultant is necessary to ensure federal compliance. Based on the review of the submitted proposals, staff recommends to award the labor compliance contract to Pacifica Services, Inc.

LEGAL REQUIREMENT
Congress adopted the Brooks Act (P.L. 92-582), requiring the use of Qualifications-Based Selection (QBS) for the procurement of architect and engineering services. The use of QBS ensures that taxpayers receive highly technical architect and engineering services from the most experienced and most qualified firms at a fair and reasonable cost.

California’s QBS requirements can be found at Government Code sections 4525 et seq., also known as the Mini Brooks Act.

The Davis-Bacon Act (40 USC, Chapter 3, Section 276a-276a-5; and 29 CFR Parts 1, 3, 5, 6 and 7) is triggered when construction work over $2,000 is financed in whole or in part with CDBG funds. It requires that workers receive no less than the prevailing wages being paid for similar work in the same area. City is awarding Pacifica Services, Inc. with the professional services agreement based on demonstrating competence and qualifications for this type of service.

FISCAL IMPACT/FINANCING
Staff recommends awarding the labor compliance professional services agreement to Pacifica Services, Inc. for a not-to-exceed amount of $32,225 payable from Account No. 221-8010-431.76-12 and authorize the City Manager to execute the professional services agreement.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

CONSIDERATION AND APPROVAL TO AWARD LABOR COMPLIANCE
PROFESSIONAL SERVICES AGREEMENT OF CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22
April 5, 2022

RICARDO REYES
City Manager

CESAR ROLDAN
Director of Public Works

ATTACHMENT(S)

1. Pacifica Services, Inc. PSA

2. Proposals

PROFESSIONAL SERVICES AGREEMENT

LABOR COMPLIANCE
CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day of April 2022 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) and Pacifica Services, Inc. (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I. ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”).

CONSULTANT further agrees to furnish to CITY all labor, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2 TERM: This Agreement shall commence on April 5, 2022 to December 31, 2022. It is the CONTRACTOR’S responsibility to request an extension at least (2) days in advance of the expiration of term of the Agreement (Ending December 31, 2022). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services Exhibit “A”.

B. Section 1.3(A) notwithstanding, CONTRACTOR’S compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $32,225 (hereinafter, the “Not-to-Exceed Fiscal Year Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR’S charges are projected to exceed the Not-to-Exceed Fiscal Year Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR’S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Fiscal Year Sum or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR’S monthly compensation is a function of hours worked by CONTRACTOR’S personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed.

Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.

CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.

1.6 ABANDONMENT BY CONTRACTOR: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’S cessation or abandonment.

II. PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the Director of Public Works (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE AND CONTACT INFORMATION:

CONSULTANT hereby designates Jeffrey Camacho to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”).

CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONTRACTOR.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONTRACTOR’S profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONTRACTOR’S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR’S employees and agents (including but not limited SUBCONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT shall perform, at CONTRACTOR’S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR’S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’S employees, agents, and SUB-CONTRACTOR. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’S acceptance of any work performed by CONSULTANT or on CONTRACTOR’S behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR’S profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR’S duties or obligations under this Agreement without the prior written consent of CITY. In the absence of CITY’S prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall be performed by CONSULTANT or under CONTRACTOR’S strict supervision.

CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent CONSULTANT basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONTRACTOR’S competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONTRACTOR’S exclusive direction and control.

CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR’S officers, employees, agents, or SUB-CONSULTANT is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR’S officers, employees, agents, or SUBCONSULTANT fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONSULTANT shall be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONTRACTOR’S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.10. INDEPENDENT CONSULTANT STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent CONSULTANT and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONSULTANT and SUBCONTRACTOR. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONSULTANT or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III. INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONSULTANT dual liability.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance / Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A: VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONTRACTOR’S INSURANCE: All policies of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONTRACTOR’S insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT officers, employees, agents, CONSULTANT or SUBCONSULTANT from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’S ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’S financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR’S commencement of any work or any of the Work.

Upon CITY’S written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV. INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR’S commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’S performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement.

4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONTRACTOR’S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR’S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR’S, SUB-CONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’S choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V. TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar day’s prior written notice of CITY’S intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’S written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’S ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’S issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’S employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’S employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within fourteen (14) calendar days of CITY’S issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONTRACTOR’S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR’S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR’S and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR’S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’S discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONTRACTOR’S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45- day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’S failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’S Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’S performance under this Agreement pending CONTRACTOR’S cure of any Event of Default by giving CONSULTANT written notice of CITY’S intent to suspend CONTRACTOR’S performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’S ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
iii. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.

CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’S exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONTRACTOR’S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI. MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.

CONSULTANT shall require all SUB-CONTRACTORS working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any CONSULTANT as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT shall not use CITY’S name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., section 3789 et seq. and the California False Claims Act, Government Code section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONTRACTOR: CITY:

Pacifica Services, Inc. City of Huntington Park
106 South Mentor Avenue, Suite 200 Public Works Department Pasadena, CA 91106 6550 Miles Avenue
Attn: Yvette Kirrin, P.E. Huntington Park, CA 90255
Office: (626) 405-0131 Attn: Ricardo Reyes, City Manager [email protected] Phone: (323) 582-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT shall not SUB-CONSULTANT any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with Sub-CONTRACTOR’S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONSULTANT in connection with the various projects worked upon by CONTRACTOR.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart(s) shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF HUNTINGTON PARK: PACIFICA SERVICES, INC.:

By: Ricardo Reyes By: Jeffrey Camacho
City Manager Vice President
Date: Date:

APPROVED AS TO FORM:

By: City Attorney
Date:

EXHIBIT “A”

SCOPE OF WORK
PACIFICA SERVICES, INC.

Pacifica Services, Inc.

Loyalty. Commitment. Excellence.

Construction Management &
Inspections Project Management Labor Compliance & PLA Services Proposal to Provide
Labor Compliance Services for
CIP 2021-01 SB1 CDBG
Street Reconstruction Project
FY 21/22
MARCH 16, 2022
Section 1: Cover Letter
Pacifica Services, Inc.
106 South Mentor Avenue Suite 200 Pasadena, CA 91106 T: 626.405.0131 F: 626.405.0059 March 16, 2022
Cesar Roldan, Director of Public Works
City of Huntington Park—City Clerk’s Office
6550 Miles Avenue
Huntington Park, CA 90255
Re: Proposal to provide Labor Compliance Services for the CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22
To Mr. Roldan and Members of the Selection Committee,
Pacifica Services, Inc. (Pacifica) is pleased to provide the City of Huntington Park (City) with our proposal to provide Labor Compliance Services for CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22.

Pacifica is a privately owned Hispanic business headquartered in Pasadena, California, providing fullservice Labor Compliance, Construction Management, Inspections, Project Management Planning, Program Management and Construction Support Services in various disciplines. Over the past 10 years, Pacifica has provided labor compliance services to a number of municipalities and agencies in Southern California, including the Cities of Long Beach, Cudahy, Inglewood, El Monte, South El Monte, the Los Angeles Community College District, California High Speed Rail Authority and Anaheim Transit Network.

The project will be led by Marjorie Gayle, an accomplished Human Resources Consultant specializing in Labor Compliance for Public Works construction since 2006. She has worked extensively with subcontractors and is able to identify what areas they don’t understood so she can help them correct labor compliance deficient submittals. Marjorie will be supported by two members of our labor compliance team—Matthew Ibaven and Edith Bolanos. Matthew and Edith both have more than 15 years’ experience and are especially proficient with providing labor compliance services for public works projects.

As the Senior Vice President, I am authorized to represent Pacifica. My contact information is:

Jeffrey Camacho, Senior Vice President
Pacifica Services, Inc.
106 South Mentor Avenue, Suite 200
Pasadena, CA 91106
T: (626) 405-0131 E: [email protected]
Pacifica has never submitted false claims, has never been debarred and has no civil litigation to report. I have read, understood and agreed to all of the statements in this request for proposal and acknowledge receipt of all addendums/amendments as well as to the terms, conditions and attachments referenced.

We are excited to demonstrate our expertise, experience, and commitment to Huntington Park. We believe that our qualifications and proven success providing similar projects make us an ideal firm to support your projects. If you have any questions, please call me at the number above.

Sincerely,

JEFFREY CAMACHO
Senior Vice President
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 2 1 | Page
March 9, 2022

CITY OF HUNTINGTON PARK
Addendum No. 1
SB1 CDBG STREET RECONSTRUCTION PROJECT FY 21-22
PROJECT NO.: 2021-01
The following modifications are hereby made a part of the Contract Documents and supersede, replace, and / or amend the provisions included in the original specifications, plans, and Contract Documents. The following addendum is hereby made a part of the Notice Inviting Bids:

1. Replace Pages C-2 through C-5 with Pages C-2(1) through C-8 (1) from File: BID PROPOSAL (AMENDED)-SB1 CDBG STREET IMPROVEMENTS IN HUNTINGTON PARK.pdf

2. Replace Plan Sheets C-4, C-6, C-7, C-8, C-9, C-10 with corresponding sheets showing revisions from
File: PLAN SHEETS (AMENDED)-SB1 CDBG STREET IMPROVEMENTS IN HUNTINGTON PARK.pdf

3. Replace Specification Pages BD-36 through BD-42 with Pages BD-36 through BD43 from File: SPECIFICATIONS PAGES (AMENDED)-SB1 CDBG STREET
IMPROVEMENTS IN HUNTINGTON PARK.pdf
End of Addendum No. 1
By order of the City of Huntington Park, Public Works Department By: _______________________________________
Cesar Roldan, Director of Public Works
Date: _3/8/2022 _____________________________________
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 3 2 | Page
SB1 CDBG STREET RECONSTRUCTION PROJECT FY 21-22
PROJECT NO.: 2021-01
Any and all notifications or Addendums must be acknowledged via signature by the Bidder and made part of and incorporated as part of the Bidder’s proposal.

Statement of Bidder Acknowledgment
Please sign the acknowledgment below and include it as part of your Bid Proposal.
_________________________ _________________________
Contractor Name Signature
_________________________ _________________________
Date Title
Hereby acknowledge receipt of Addendum No. 1 to SB1 CDBG STREET RECONSTRUCTION PROJECT FY 21-22 PROJECT NO.: 2021-01 and have considered these in the preparation of my proposal. This Addendum shall become part of any contract made pursuant thereto.
cc: Office of City Clerk
Pacific Services, Inc.
3/16/2022 Jeffrey Camacho, Sr. Vice President
Section 2: Consultant’s Background
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 4 Section 2: Consultant’s Background
Maximum 2-page background on the consultant and its area(s) of professional expertise relevant to this RFP.

Pacifica believes in full collaboration and partnership with public agencies, their various consultants, and
the designated PM/CM Team. Pacifica’s success
in creating a collaborative environment arises from
establishing lines of communication between the
City’s staff and the various groups performing work
on construction projects.

The members of our proposed team have successfully provided Labor Compliance monitoring, and PLA administration services and other labor related services such as Small Business Enterprise (SBE) and Section 3 for numerous clients in California, such as:
• City of Long Beach
• Long Beach Water Department
• Long Beach Airport (City of Long Beach)
• City of El Monte
• City of Los Angeles
• Los Angeles World Airports (City of Los Angeles)
• Los Angeles County Metropolitan Transportation
Authority (Metro)
• Los Angeles Community College District
• Los Angeles Unified School District
• Norwalk-La Mirada Unified School District
• San Gabriel Unified School District
• Upper San Gabriel Valley Municipal Water District
A California corporation founded in 1979, Pacifica is
a privately-owned small and minority-owned business with 54 employees that provides a full range of construction, program, and project management services. We also have an expertise in Labor Management and Compliance, including the monitoring and enforcement of Labor Compliance (LC), Project Labor Agreements (PLA), implementation
and administration services.

Pacifica brings significant experience in the monitoring and enforcement of various State and Federal Labor Compliance requirements, having
managed several billions of dollars of work for some
of California’s largest and most complex projects.

Pacifica’s proposed team collectively possesses over
50 years of experience in the field.

Pacifica takes tremendous pride in its highly qualified professionals who have consistently delivered innovative solutions and best practices. Our dedicated and experienced professionals are committed and
are readily available to provide exceptional professional resources and innovative solutions at highly competitive rates to the City of Huntington Park.

Section 3: Qualifications and
Experience of Personnel
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 5 Section 3: Qualifications and Experience of Consultant’s Personnel Maximum 3-page summary of the relevant work experience, work history, training, education and special certifications of the personnel who will be performing the professional services contemplated under this RFP...

Marjorie Gayle–Labor Compliance Officer
Marjorie Gayle is an experienced human resources and labor compliance professional with over 30 years of experience providing human resources and labor compliance services. She has extensive knowledge of Department of Industrial Relations Prevailing Wage requirements, as well as Davis-Bacon and HUD regulations. She has completed projects with the Cities of Santa Monica and Los Angeles, the County of Los Angeles, Pasadena and Los Angeles Unified School Districts, LA Metro and Los Angeles World Airports. She is experienced in both union and non-union environments.

SELECTED PROJECT EXPERIENCE
• City of Long Beach
• Long Beach Water Department
• Los Angeles World Airports
• County of Los Angeles
• Los Angeles Metropolitan Transportation Authority
Matthew Ibaven–Labor Compliance Analyst
Matthew Ibaven has over 17 years of experience in labor compliance, including performing in-depth prevailing wage audits, settlements and attending hearings. Matthew has established industry relationships with the contracting community, labor compliance program legal representation, key members of the local building trades’ community and apprenticeship programs. He is experienced at overseeing multiple contracts simultaneously, while meeting project compliance on all Labor, CBA, CDBG, Section 3, and/or EEO requirements.

SELECTED PROJECT EXPERIENCE
• City of Long Beach/Long Beach Airport
• Long Beach Water Department
• Los Angeles Unified School District
Edith Bolanos–Labor Compliance Analyst
Edith Bolanos has over 15 years of experience in labor compliance, including work as an administrator with the local Southwest Regional Carpenters Union and with a Union-Signatory contractor. Her dual experience working on the both the Union and General Contractor sides, she is a veteran in understanding contractor payrolls, master labor agreements, and fringe benefit employer contributions to local union trust funds She is highly organized and has a great attention to detail. Edith has strong skills in different systems such as the DIR’s eCPR system and LCPtracker.

SELECTED PROJECT EXPERIENCE
• City of Long Beach
• Long Beach Water Department
• Los Angeles Unified School District
• Coachella Valley Unified School District
• San Gabriel Unified School District
• Norwalk–La Mirada School District
Education
Bachelor of Science, Public
Administration, University of
Southern California, Los Angeles,
CA
Years Providing Labor
Compliance Services
30+ years
Office Location
Pasadena, CA
Education
Associate of Arts, Business
Administration
Years Providing Labor
Compliance Services
17 years
Office Location
Pasadena, CA
Education
Coursework at Glendale
Community College, Glendale, CA
Years Providing Labor
Compliance Services
18 years
Office Location
Pasadena, CA
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 6 Every element of our proposed team is structured to leverage collective knowledge that will enable us to deliver results and ensure successful project delivery. Pacifica’s flexible staffing plan allows our proposed team to support the Huntington Park either full-time or part-time, based on its current needs, to provide the highest caliber of services at a reduced cost. Our team member’s capabilities are illustrated in the table below: HUD Section 3 Federal Davis-Bacon Related Acts Apprentice Utilization State/Federal Prevailing Wage Compliance Community Workforce Agreements/Project Labor Agreements Small, Disabled, Woman-Owned, Minority- Owned Utilization CDBG-funded Projects LCPTracker DIR eCPR Labor Compliance Trainer Technical Support Resource for LCPTracker Marjorie Gayle, Labor Compliance Officer            Matthew Ibaven, Labor Compliance Analyst           Edith Bolanos, Labor Compliance Analyst           Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 7 Recent Project Experience
LONG BEACH BLVD. CROSSWALK IMPROVEMENTS–Long Beach, CA
This CDBG-funded project consists of decorative crosswalk treatments for crosswalks on Long Beach Boulevard at 67th and 68th streets. Pacifica provided labor compliance services for this project.

Client: City of Long Beach
Project Dates: August 2-20, 2021
Construction Cost: $342,000
EAST BROADWAY CORRIDOR PROJECT–
Long Beach, CA
The East Broadway Corridor Project involves repaving East Broadway from Alamitos Avenue to Redondo Avenue and
modification to install parking-protected bike lanes on both sides of the street. The project includes removing existing pavement and resurfacing the roadway, including various concrete improvements to repair existing sidewalks, curbs, gutters, curb ramps. On-street parking is generally allowed but is restricted along certain sections of the project site during several time periods of the week. The project site covers approximately 12 acres and is approximately 9,200 feet in length. The project will remove 14 street trees and will relocate some bus stops amenities along the project corridor.

This project required labor compliance monitoring.

Client: City of Long Beach
Project Dates: May 2018-January 2020
Construction Cost: $3,552,026

CAST IRON MAIN REPLACEMENT ON PCH ACCESS ROAD FROM WEST PCH TO SAN FRANCISCO AVENUE–Long Beach, CA
This project includes removing and disposing of existing 6"/8"/12" pipe, fittings and appurtenances, installation of new 8"/12" ductile iron pipe, fittings and valves and installation of 14" steel casing. Additional scope included pavement restoration, appurtenant items such as pavement removal, excavation, backfill and compaction, thrust blocks and anchors, pressure testing and disinfection, tie-ins, fire hydrants, blow-off valves and traffic control on PCH. This project required labor compliance monitoring and included a project labor agreement.

Client: Long Beach Water Department
Project Dates: October 2019-June 2020
Construction Cost: $815,561
East Broadway Sidewalk Repair
Cast Iron Main Replacement
Section 4: Project Approach
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 8 Section 4: Project Approach
Maximum 2-page of the proposed approach to providing labor compliance for this improvement project.

Pacifica recommends that a pre-bid meeting is held
to educate Contractors that this project is subject
to Section 3 requirements. The purpose of Section
3 is to give low-income individuals the opportunity to work on Federally-funded projects. Those Contractors that plan to add to their staff or dispatch from the union halls should be aware of the requirements before they start that process. An affidavit or some type of acknowledgment should be included
in the bid document indicating they are aware of
the Section 3 requirements. Pacifica recommends
including language in the bid documents indicating
that LCPtracker (or the City’s preferred electronic
vendor) will be used to submit required documents
and certified payrolls.

Contractor Education and Training
Educating the Contractors will start during the Prebid meeting and continue throughout the project.

Once a contractor is selected, education continues during the preconstruction meeting. Pacifica will educate the contractor on California Labor
laws, Apprentice requirements, how to navigate
LCPTracker, and any other questions they may have
related to labor compliance. We will emphasize the
Section 3 requirements and the need to check both
the State and Federal Determinations to determine
the correct prevailing wage. The Contractors will be
Pacifica believes that a successful project begins
with establishing a collaborative working relationship with the Agency, Contractors, Project Managers, and other stakeholders. Pacifica’s corporate culture promotes collaboration externally and internally. Although each Labor Compliance Analyst
is assigned to specific projects, all Labor Compliance
Team members are copied on all correspondence,
Discrepancy Notices, and Submittal summaries. This
method ensures that, if a client needs answers on
a project and the assigned analyst is out, progress
doesn’t wait for that analyst to return.

Pacifica’s proposed approach and methodology
addresses three key components to ensure effective
monitoring throughout the project:

1. Contract Management

2. Contractor Education and Training

3. Compliance Monitoring and Oversight
Contract Management
Since this project is funded by the Community
Development Block Grant (CDBG), collaboration
with the City of Huntington Park should start in the
pre-bid document development stage to ensure
that the required Federal language and Federal
Determination is included in the RFP. Contractor Education and Training Conduct Preconstruction
Conferences
Development & Dissemination
of Training Materials
Development & Facilitation of
Contractor Training Seminars
Technical Implementation/
Support
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 9 instructed that they have to pay the higher of the
two determinations. Both the Contractor and City
Personnel will have direct access to Pacifica personnel to provide technical assistance if needed.

Compliance Monitoring and Oversight

STATE PREVAILING WAGE DETERMINATIONS
Pacifica will ensure that the selected Contractor
complies with all applicable State Prevailing Wage
requirements for all work covered by the Department
of Industrial Relations (DIR). Our team will also
request as needed, worker canceled checks or
additional documentation to confirm payment of
Prevailing Wages (both Basic Hourly Rate and Fringe
Benefits).

FEDERAL DAVIS-BACON RELATED ACTS
(DBRAS)
For contracts with both State and Federal funding, we
will coordinate with the City to verify that the correct applicable federal Wage Decision has been included
with the bidding information and documents at the
time of the bid. Additionally, our team will perform
a courtesy check to ensure that any federal Wage
Decision Modifications issued within ten days of the
bid due date are applied to the project accordingly
per Federal Department of Labor requirements.

During the construction of a federally funded project, our team will monitor payment of both State Prevailing Wage and Federal Wage Decisions as well
as related Federal Wage Modifications by including
both wage types within the Contractor Compliance
packet that we will provide to all contractors performing on the project.

Apprentice Utilization:

Pacifica recognizes the
importance of utilizing Apprentices per
LC§1777.5. Pacifica’s
team will provide
the contractor with
technical assistance
regarding verification
of apprenticeship
with the state and
Apprentice ratios for all
applicable crafts and
classifications utilized
on the project. Our
team will request DAS
140 and DAS 142 forms from all contractors performing apprentice-able trade classifications to ensure apprentice utilization.

For federally funded projects, our analysts will also
request the Federal Apprentice Certification(s) from
those contractors utilizing apprentices, as necessary,
for verification of federal apprenticeship registration.

Payment of Fringe Benefits portion of Prevailing
Wages: All contractors will be required to provide
proof of payment of Fringe Benefits contributions
for each month that work was performed by the
contractor. This proof can be either the Union Trust
Fund Report with proof of payment or the California
Apprenticeship Council (CAC).

Employee Field Interviews: Pacifica proposes
conducting monthly field interviews if COVID conditions permit. Pacifica will coordinate with the contractor’s construction schedule and/or the City’s
designated Project Manager/Engineer. Additional
field interviews will be conducted to investigate
worker complaints, and any discrepancies identified
on Certified Payroll Reports (CPRs).

Discrepancy Notifications: Upon review of
Contractor-submitted documentation via the electronic payroll system (i.e. LCPtracker), Pacifica will issue a monthly Compliance Discrepancy Report and
corrective action to the Prime Contractor. The City
will be copied on the monthly report. Pacifica will
monitor the Contractor to ensure that all violations
are corrected. If the Contractor refuses to comply,
Pacifica will meet with the City to determine whether
referral to the DIR is warranted.

Project Documentation, Project Close Out, and
Turnover: All documents are always accessible to
the City. Our team will support the City, as necessary, with cases/worker complaints to be forwarded to
the DIR’s Division of Labor Standards Enforcement
(DLSE) and the fulfillment of Public Records Act
requests that are relevant to labor compliance and
assigned construction projects.

Upon substantial construction completion and project closeout, Pacifica will work with the contractor to ensure all final CPRs and Labor Compliance Forms
are completed, submitted, and accurate. We will
review the final project file and participate in a HUD
meeting if necessary.

Section 5: Proposed Personnel
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 10 Marjorie Gayle | Labor Compliance Officer
Marjorie Gayle is an experienced human resources and labor compliance professional with over 30 years of experience providing human resources and labor compliance services. She has extensive knowledge of Department of Industrial Relations Prevailing Wage requirements, as well as Davis-Bacon and HUD regulations. She has completed projects with the Cities of Santa Monica and Los Angeles, the County of Los Angeles, Pasadena and Los Angeles Unified School Districts, LA Metro and Los Angeles World Airports. She is experienced in both union and non-union environments.

RELEVANT EXPERIENCE
Labor Compliance Officer, Labor Compliance Monitoring, City of Long Beach, Long Beach, CA (10/2021-Ongoing)
Pacifica is providing compliance monitoring and oversight of the City’s participation in HUD Section 3, Davis-Bacon, State/Federal Prevailing Wage Labor Compliance, City-wide Community Workforce Agreements/Project Labor Agreements and Small and Disabled Enterprise utilizations for a variety of projects. Marjorie supervises the Labor Compliance team on these projects.

Labor Compliance Officer, Labor Compliance Monitoring, Long Beach Water Department, Long Beach, CA (10/2021-Ongoing) Pacifica is providing Project Labor Agreement administration, compliance monitoring and oversight of the Department’s participation in HUD Section 3, State/Federal Prevailing Wage Labor Compliance, Administration of the Project Labor Agreement between Long Beach’s Board of Water Commissioners and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions, Utilization of Small and Disadvantaged Business Enterprises. Marjorie supervises the Labor Compliance team on this project.

Labor Compliance Officer, Consolidated Rent-a-Car Facility (ConRAC), Los Angeles World Airports (LAWA), Los Angeles, CA The ConRAC facility will combine rental car operations in the Los Angeles International Airport (LAX) vicinity into a single location adjacent to the 405 freeway. Marjorie developed policies and procedures, facilitated preconstruction meetings and set up the project in LCPTracker. She provided technical support to the project manager and supervised the labor compliance analyst.

Labor Compliance Officer, Tom Bradley International Terminal Modernization, LAWA, Los Angeles, CA
This $737 million project upgraded the existing terminal facility with a new in-line baggage screening system and interior improvements to

EDUCATION
Bachelor of Science, Public
Administration, University of
Southern California, Los Angeles,
CA

SOFTWARE
Microsoft Office Suite, PeopleSoft,
Resmatic; Trainer DDI Targeted
Selection, LCPTracker

PROFESSIONAL

QUALIFICATIONS
Developed and taught Prevailing
Wage course through Santa
Monica College’s Extension
Program
Skilled at enforcing California
Labor Codes 1770-1784 and
1810-1815
Proficient at identifying appropriate wage rate when multiple determinations are assigned to
the construction project.

Administers and provides content
for the prevailingwageedu.com
blog focused on educating the
public regarding prevailing wages
and labor compliance issues
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 11 Marjorie Gayle | Labor Compliance Officer (continued)
enhance customer service and convenience in LAX’s international gateway terminal. Marjorie assisted subcontractors with PLA and labor compliance requirements.

Labor Compliance Officer, Modernization of Delta Airlines Terminal 2 & 3 at LAX, Delta Airlines, Los Angeles, CA
This $1.9 billion, 658,000 sf, two-phase modernization project enabled co-location with airline partners in LAX’s Terminals 2, 3, and the Tom Bradley International Terminal (TBIT). Marjorie was the “competent person” for purposes of the airport badging process and submitted certified payroll records.

Labor Compliance Officer, Martin Luther King Medical Center Inpatient Tower Renovation, County of Los Angeles, Los Angeles, CA
This project encompassed renovation to the existing inpatient tower to house 120 patient beds and other hospital services including the emergency department, inpatient pharmacy, radiology, operating rooms, central sterilization and support functions. Marjorie provided subcontractor training and technical support and submitted labor compliance documentation.

Labor Compliance Officer, Expo II Light Rail Line, LA Metro, Los Angeles, CA This project extended the Exposition Light Rail Transit Line 6.6 miles from Culver City to Santa Monica. The project included 14 miles of track, five at grade stations and two aerial stations. Marjorie was responsible for correcting contractor deficiencies and submitting labor compliance documents and reports.

Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 12 Matthew Ibaven | Labor Compliance Analyst
Matthew Ibaven possesses a wealth of knowledge serving in Labor Compliance. As a labor compliance officer with the Los Angeles Unified School District, he established industry relationships with the contracting community, labor compliance program legal representatives, key members of the local building trades’ community, and apprenticeship programs.

RELEVANT EXPERIENCE
Compliance Analyst, City of Long Beach, Long Beach, CA
Pacifica is providing compliance monitoring and oversight of the City’s participation in HUD Section 3, Davis-Bacon, State/Federal Prevailing Wage Labor Compliance, City-wide Community Workforce Agreements/ Project Labor Agreements and Small and Disabled Enterprise utilizations for a variety of projects. Matt monitors and audits certified payroll records, inputs local hour into Section 3 databases for monthly and quarterly reporting and files and archives projects. He reviews contractor-certified payroll records in LCPTracker and provides technical support with the LCPTracker system and auto-violations to contractors.

He responds to Public Records Act requests that are forwarded by the client by securing and redacting contractor-certified payroll records.

Labor Compliance Technician, Labor Compliance Department, Los Angeles Unified School District, Los Angeles, CA
Matt audited certified payroll documents for contractors and subcontractors, collecting and analyzing supporting documentation.

He assessed back wages and penalties due for noncompliance with prevailing wage rates. He conducted pre-bid and job start meetings, on-site construction worker interviews, interviewing and verifying worker complaints. He presented audit findings to the contractors and instructed contractors about the audit process and California Labor Code. He collected and disbursed back wages, penalties and training funds, prepared audit documents to submit to the State for resolution.

Matt worked closely with in-house and outside attorneys to prepare Hearing of the Merits, testified to the validity of his findings during these meetings, and conducted settlement meetings with contractors and their attorneys. He was an instructor for labor compliance processes and procedures for the District’s Labor Compliance Certification Class and Owner Authorized Representative Class.

EDUCATION
Associate of Arts, Business
Administration

PROFESSIONAL

QUALIFICATIONS
Extensive experience in Labor
Compliance program investigations and State DIR audits Extensive knowledge of state and
federal prevailing wages, labor law
and labor code
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 13 Edith Bolanos | Labor Compliance Analyst
Edith Bolanos has over 15 years of experience in Labor Compliance, first as an administrator with the local Southwest Regional Carpenters Union and then providing labor compliance monitoring and analysis.

She is highly organized and has a great attention to detail in review contractor submittals and issuing reports. Edith has strong skills in different systems such as LCPtracker and DIR’s eCPR. She has provided labor compliance services on a variety of projects, including the City of Long Beach’s CDBG-funded Long Beach Boulevard Crosswalk Improvements.

RELEVANT EXPERIENCE
Compliance Analyst, City of Long Beach, Long Beach, CA
Pacifica is providing compliance monitoring and oversight of the City’s participation in HUD Section 3, Davis-Bacon, State/Federal Prevailing Wage Labor Compliance, City-wide Community Workforce Agreements/ Project Labor Agreements and Small and Disabled Enterprise utilizations for a variety of projects. Edith monitors and audits certified payroll records, inputs local hour into Section 3 databases for monthly and quarterly reporting and files and archives projects. She reviews contractor-certified payroll records in LCPTracker and provides technical support with the LCPTracker system to contractors. She responds to Public Records Act requests that are forwarded by the client by securing and redacting contractor-certified payroll records.

Compliance Analyst, Long Beach Water Department, Long Beach, CA
Pacifica is providing Project Labor Agreement administration, compliance monitoring and oversight of the Department’s participation in HUD Section 3, State/Federal Prevailing Wage Labor Compliance, Administration of the Project Labor Agreement between Long Beach’s Board of Water Commissioners and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions, Utilization of Small and Disadvantaged Business Enterprises. Edith monitors and audits payroll records, reviews records in LCPTracker and provides technical support.

Compliance Assistant, Norwalk La-Mirada Unified School District, Norwalk, CA
Pacifica provided labor compliance monitoring and PLA services on various projects for this school district. Edith provided administrative support including entering records into the electronic monitoring system, issuing monthly discrepancy notices and reviewing certified payroll reports for compliance before submittal.

EDUCATION
Coursework at Glendale
Community College, Glendale, CA

PROFESSIONAL

QUALIFICATIONS
Extensive experience with contractor payrolls and fringe benefits Proficient in DIR eCPR
Experience with State and Federal
Prevailing Wages and Labor Code
Certified with LCPTracker
Section 6: References
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project | 14 Section 6: References
Include at least 3 public agency references going back no more than five years from the issuance of this RFP, in which the consultant was engaged to perform tasks similar to those requested under this RFP.

CITY OF LONG BEACH LABOR COMPLIANCE

MONITORING
Client: City of Long Beach
Project Dates: Ongoing
Reference: Melissa DeAmicis, Labor Compliance
Officer
(562) 570-6037
[email protected]

LONG BEACH AIRPORT LABOR COMPLIANCE

MONITORING
Client: City of Long Beach
Project Dates: Ongoing
Reference: Vanessa Estrada, Capital Projects
Coordinator
(562) 570-2620
[email protected]

LONG BEACH WATER DEPARTMENT LABOR

COMPLIANCE MONITORING
Client: Long Beach Water Department
Project Dates: Ongoing
Reference: Adrian Pavon, PMP, Capital Projects
Coordinator
(562) 972-3184
[email protected]
Sidewalk Installation on Marina Drive West, Long Beach
Long Beach Airport, Taxiway L Repavement
Bikelane and Pavement Marking, Long Beach
106 South Mentor Avenue Suite 200 Pasadena, CA 91106 T:626.405.0131 F:626.405.0059 Pacifica Services, Inc.

Loyalty. Commitment. Excellence.

Construction Management &
Inspections Project Management Labor Compliance & PLA Services Fee Proposal
Proposal to Provide
Labor Compliance Services for
CIP 2021-01 SB1 CDBG
Street Reconstruction Project
FY 21/22
MARCH 16, 2022
Pacifica Services, Inc. Labor Compliance for CIP 2021-01 SB1 CDBG Street Reconstruction Project Fee Schedule/Cost Proposal
Officer hours $130/hour Analyst hours $115/hour
Contract Management
Review the Agreement to Implement and CDBG contract & Labor Compliance requirements 5 $650 2 $230 Oversee the specific labor standards parameters applicable to the construction Project 2 $260 — Implement & monitor Equal Employment Opportunities (EEO) program 2 $260 8 $920 Enforce that the Federal Wage Decision is incorporated in project specifications & contract — 1 $115 Ensure that the Federal Wage Decision is current at Bid Opening or other appropriate Date — 1 $115 Prepare and submit contract award notices to Contractor, Office of Federal Contract Compliance Programs and CDBG 2 $260 — Contractor Education and Training
Preconstruction Preparation 1 $130 1 $115
Prepare and distribute Preconstruction meeting minutes 1 $130 1 $115 Preconstruction Meeting — 1 $115
Contractor Technical Assistance 6 $780 8 $920
Labor Compliance Monitoring and Oversight
Create & Maintain Labor Standards Enforcement File 2 $260 4 $460 File Development/Submittal Maintenance 1 $130 10 $1,150 Development of Tracking Mechanism — 10 $1,150
Desk Audit of Certified Payroll Records 8 $1,040 16 $1,840 Employee Field Interviews & verify and document posting of federal notices on Jobsite 3 $390 8 $920 Field Interviews/CPR Reconciliation 8 $1,040 24 $2,760
Perform ongoing and timely monitoring reviews of the weekly Certified Payroll Reports & related submission for compliance 8 $1,040 16 $1,840 Monthly Labor Discrepancy Reports 8 $1,040 16 $1,840
Identify violations and investigate complaints of underpayments to workers 3 $390 6 $690 Prepare the Notice of Labor Standards Violation Report and HUD 5.7 3 $390 4 $460 Prepare various reports for contract and labor compliance, Semi-Annual labor Standards Enforcement Reports 3 $390 6 $690 Conduct Audits (As Necessary) 3 $390 3 $345
Project Close Out and Turnover
File & Maintain Project Binder Forms and Payrolls — 6 $690 Labor Compliance Project Close Out 3 $390 8 $920
Labor Compliance Close Out Report 2 $260 4 $460
Project Close Out & Turnover of Labor Compliance Project Binder(s) 2 $260 3 $345 Review Final project file and participate in the final review meeting with HUD if necessary. 8 $1,040 — Labor Subtotal by Personnel 84 $10,920 167 $19,205
Labor Subtotal $30,125
Reimburseable Expenses
LCPTracker $1,100
Estimated Reimbursable Expenses $1,000
Total Cost Proposal $32,225
Note: This fee is based on an estimated 205 working days 106 South Mentor Avenue Suite 200 Pasadena, CA 91106 T:626.405.0131 F:626.405.0059 1 Labor Compliance Services
City of Huntington Park
CIP 2021-01 SB1 CDBG Street
Reconstruction Project FY 21/22
March 16, 2022

ELECTRONIC

TECHNICAL PROPOSAL
Cover Letter
March 16, 2022
Cesar Roldan
Director of Public Works
City of Huntington Park
6550 Miles Ave
Huntington Park, CA 90255
RE: Request for Proposals for Labor Compliance Services Dear Mr. Cesar Roldan:

Thank you for the opportunity to provide the City of Huntington Park (City), with a tailored proposal for Labor Compliance Services. GCAP Services, Inc. (GCAP) is a southern California-based professional consulting firm with over twenty-four (24) years of compliance experience and is certified as an MBE, SBE and DBE. As a leader in the development and implementation of compliance programs and systems, GCAP understands the importance of leveraging people and processes. Our firm is experienced in providing effective labor compliance support services. Our proposal is fully responsive to the requirements outlined in the referenced RFP and represents GCAP’s intention to perform the services as outlined.

GCAP is extremely familiar with Federal and State contracting requirements, regulations, and best practices related to labor compliance monitoring. We have experience performing monitoring on projects with CDBG, HUD, and Section 3 requirements. Our staff works in highly regulated industries to ensure systems, procedures, and practices comply with legal and regulatory requirements. We provide labor compliance support with state and federal regulations, including Davis-Bacon, Service Contract Act, and state prevailing wage requirements, including the state bond Compliance Monitoring Unit (CMU) requirements. GCAP will utilize its comprehensive collection of labor compliance reporting templates, tracking matrices, forms, as well as our state and federal regulatory resources to facilitate this engagement.

Mr. Edward Salcedo, Jr. will serve as the primary point of contact during the RFP review process. Mr.

Salcedo’s contact information can be found below. Thank you for considering our proposal. We look forward to the opportunity to work with the City to provide effective Labor Compliance Services.

I HAVE READ, UNDERSTOOD, AND AGREED TO ALL STATEMENTS IN THIS REQUEST FOR PROPOSAL AND

ACKNOWLEDGE RECEIPT OF ALL ADDENDUMS/AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS, AND ATTACHMENTS REFERENCED.

Sincerely,
Edward Salcedo, Jr., President
3525 Hyland Ave, Suite 140
Costa Mesa, CA 92626
(714) 800-1795
[email protected]
1 Cover Letter ..................................................................................................................................................2 Consultant’s Background .............................................................................................................................2 Qualifications and Experience of Consultant’s Personnel ...........................................................................4 Project Approach .........................................................................................................................................7 Task 1 – Contract and Labor Compliance Services ...................................................................................7 Proposed Personnel......................................................................................................................................9 References ..................................................................................................................................................14 Fee Schedule/Cost Proposal ......................................................................................................................16

TABLE OF CONTENTS
City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 2 Consultant’s Background
GCAP Services, Inc. (GCAP) is a southern
California-based professional consulting firm
with over twenty-four (24) years of labor
compliance and CDBG contract experience
and is a certified SBE, DBE and MBE. As a
leader in the development and
implementation of compliance programs and
systems, GCAP possesses significant
experience providing labor compliance
services for transit and transportation
related projects. Our team possesses
experience providing labor compliance
monitoring on projects of all sizes ranging
from weeklong engagements to multi-year
billion-dollar transit and highway projects.

We understand the nuances of each type of
project and how to tailor our support based
on each project’s unique needs.

The GCAP team offers solid labor compliance capabilities with extensive experience performing labor compliance monitoring. GCAP understands that the City of Huntington Park requires labor compliance services for the SB1 CDBG Street Reconstruction Project. We possess a strong background in performing monitoring on projects with CDBG, HUD, and Section 3 requirements and understand the variety of labor compliance responsibilities required for the CDBG-funded capital improvement projects. The GCAP team is experienced at providing labor compliance guidance to prime and subcontractors at pre-construction conferences and a variety of labor compliance responsibilities including all aspects of compliance, such as reviewing certified payroll submittals, confirming all fringe benefit and apprentice requirements are met, and reviewing interview and daily reports to ensure all labor compliance documentation is accurate and complete. The GCAP team has strengths in all elements of the scope of work including knowledge of the Caltrans Local Agency Procurement Manual (LAPM) guidelines and California Division of Labor Standards Enforcement (DSLE), including the Department of Industrial Relations (DIR) monitoring unit. GCAP also has extensive working knowledge of the United States Department of Labor Regulations and Guidelines, requirements of Equal Employment Opportunity (EEO) compliance monitoring, SB854 and SB1 Laws, Davis Bacon Act, Copeland “Anti-Kickback” Act, Section 3, HUD reporting requirements, Greenbook standards, Public Contracting Code, the Contract Work Hour and Standards Act.

Since its founding, GCAP has successfully delivered over one hundred ninety (190) high-quality consulting engagements to federal, state, county, and local government agencies. Our team has implemented the LCPtracker application for various clients and has extensive experience providing monitoring services utilizing the LCPtracker platform. In addition to our strong technology-oriented background, we maintain our expertise at conducting hard copy audits of certified payrolls. We have developed labor compliance procedures and manuals for various clients and possess hands on experience researching and incorporating best practices as well as reviewing regulatory documents to ensure compliance.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 3 We provide labor compliance support, including for projects as they relate to CDBG, for a wide variety of agencies across the state of California with a specific focus on southern California agencies including the City of El Monte, City of Compton, City of Chino, City of Arcadia, City of Long Beach, City of Anaheim, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Department of Public Works, Brilliant Corners, San Diego Association of Governments, San Bernardino County Transportation Authority, Riverside County Transportation Commission, Metro Gold Line Foothill Extension Construction Authority, Omnitrans, and many more. Our team is comfortable and adept at providing support on projects of all sizes and levels of complexity. We possess a strong track record of successfully performing on small projects which require a fast turnaround and prompt issue resolution as well as large complex multi-year engagements.

GCAP will not utilize any subconsultants to perform the scope of work. GCAP has no planned mergers or acquisitions, no pending lawsuits or civil litigation, and have never been debarred or made any false claims. Our firm is financially stable with no current long-term debt, steady cash flow and no foreseeable office closures or other factors that would impede our ability to successfully execute this contract.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 4 Qualifications and Experience of Consultant’s Personnel GCAP has assembled a team of experienced staff which will allow us to meet all contract and deliverable requirements established by the City. The resources identified for this engagement have extensive experience in labor compliance, auditing, and contract management. This includes project management, construction contract administration, training, and working with labor compliance software for public sector clients. Our team’s expertise and experience will allow them to “hit the ground running” and provide cost effective labor compliance support to the City.

Please reference the “Proposed Personnel” section with attached resumes for a summary of our key personnel’s work, training, and education history.

Proposed Staff Name
Project Role Proposed Duties Relevant Experience
Sylvia Linn
Labor Compliance
Project Manager
Office Location: 3525
Hyland Ave, Suite
140, Costa Mesa, CA
92626
Similar Projects:
- City of Anaheim,
Labor Compliance
Services
- Orange County
Transportation
Authority/Parsons,
I-405 Improvement
Project
- Los Angeles County
Metropolitan
Transportation
Authority, On-Call
Labor Compliance
Bench
• Review Agreement to
implement CDBG contract and
labor compliance requirements
• Oversee all aspects of the
engagement
• Serve as primary POC to the City
• Implement and monitor EEO
program
• Enforce Federal Wage Decision
is incorporated in project
specifications and contract and
current at bid opening
• Submit contract award notices
to Contractor, Office of Federal
Contract Compliance Programs,
and CDBG
• Conduct pre-construction
meeting to communicate federal
and state wage and reporting
obligations for contractors,
distribute pre-construction
meeting minutes
• Review and authorize reports
and all deliverables for
submission
• Meet with the City of
Huntington Park for status
updates/issue resolution (as
required).
• Communicate with third parties
for document requests.
• Provided oversight and
governance on major
transportation authority with
labor compliance monitoring
• Conducted pre-bid and preconstruction meetings.
• Performed agency and
contractor labor compliance
training.
• Developed labor compliance
procedures to help with
document tracking, filed
activities, certified payroll
reviews and requirements
monitoring.
• Reviewed contractor and
subcontractor compliance with
prevailing wage, benefit and
apprentice requirements.
• Reviewed weekly payrolls,
conducted jobsite interviews
and provided status reporting.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 5 • Determine the specific labor
standards parameters applicable
for the construction project.
• Review final project file and
participate in final review
meeting with the City.

Stephannie Gabaldon
Labor Compliance
Analyst II
Office Location: 3525
Hyland Ave, Suite
140, Costa Mesa, CA
92626
Similar Projects:
- Orange County
Transportation
Authority/Parsons,
I-405 Improvement
Project
- Riverside County
Transportation
Commission/Parsons,
I-15 Express Lanes
Project
- San Bernardino
County
Transportation
Authority/HNTB, I-10
Corridor Project
• Assist with contractor and
subcontractor eligibility
verification.
• Assist with preparation and
submission of contract award
notices to Contractor, Office of
Federal Contract Compliance
Programs, and CDBG
• Coordinate and attend preconstruction meeting, distribute pre-construction meeting
minutes
• Assist with creating and
maintaining Labor Compliance
Labor Standards Enforcement
File
• Perform jobsite interviews, as
needed.
• Assist with monitoring of weekly
Certified Payroll reports and
help to identify violations and
investigation of worker
complaints.
• Notify prime contractor in
writing of any labor
discrepancies or suspected
violations; define the corrective
actions to be taken including
restitution payments
• Prepare Contract and
Subcontract Activity Report, and
Semi-Annual Labor Standards
Enforcement Report
• Prepare and submit: Notice of
Standards Violation Report, HUD

5.7 Enforcement Report (as
needed), HUD-2516, and other
labor compliance related reports
to appropriate parties.
• Participate in final review
meeting with the City.
• Perform Certified Payroll review
for major transportation
projects (I-405, I-15, I-10
Corridor, L.A. Westside Subway
Extension)
• Reviewed all certified payrolls
weekly, Section 3 monitoring
and reporting (HUD-60002
form) for various City of
Anaheim projects.
• Prepared the 5.7 Enforcement
reports as underpayments were
identified and supplemental
wages paid.
• Review and reconcile jobsite
interview information with
certified payroll reports.

Document findings.
• Conducted audits at individual
and group level.
• Researched and implemented
regulation changes/updates to
compliance programs.
• Assist with preparation of client
reports and respond to
questions.
• Conducted jobsite interviews
while utilizing required interview
forms and adhering to jobsite
safety requirements.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 6 Celeste Maldonado
Labor Compliance
Analyst I
Office Location: 3525
Hyland Ave, Suite
140, Costa Mesa, CA
92626
Similar Projects:
- City of Long Beach,
DBE and Labor
Compliance Services
- City of Arcadia,
CDBG Bus Stop
Project
- Omnitrans, On-Call
Labor Compliance
Services
• Schedule and conduct jobsite
interviews
• Assist with contractor and
subcontractor eligibility
verification
• Assist with monitoring of weekly
Certified Payroll reports and
help to identify violations and
investigation of worker
complaints.
• Assist with notifying the prime
contractor in writing of any
labor discrepancies or suspected
violations
• Assist with preparation and
submission of the following
reports: Notice of Standards
Violation Report, HUD 5.7
Enforcement Report (as
needed), HUD-2516, Contract
and Subcontract Activity Report,
and Semi-Annual Labor
Standards Enforcement Report
• Conducted jobsite interviews
while utilizing required interview
forms and adhering to jobsite
safety requirements.
• Checked contractor public works
registration status with the
Department of Industrial
Relations.
• Reconciled jobsite interviews
with certified payroll, confirmed
wage and classification
information.
• Perform Certified Payroll review
for major transportation
projects (, I-405, I-15, I-10
Corridor, L.A. Westside Subway
Extension)
• Reviewed all certified payrolls
weekly, Section 3 monitoring
and reporting (HUD-60002
form) for various City of
Anaheim projects.
• Prepared the 5.7 Enforcement
reports as underpayments were
identified and supplemental
wages paid.
• Conducted audits at individual
and group level.
• Researched and implemented
regulation changes/updates to
compliance programs.
• Assist with preparation of client
reports and respond to
questions.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 7 Project Approach
Task 1 – Contract and Labor Compliance Services
We understand the City of Huntington Park (“City”) is looking for a consultant to provide labor compliance services for administrating, monitoring and enforcing labor standards provisions as required for the CDBGfunded capital improvement projects. We also understand this project is subject to Greenbook standards and Public Contracting Code procurement requirements. We are confident in our ability to complete all required tasks on time, and to the satisfaction of the City. Please reference “Fee Schedule/Cost Proposal” separately attached for estimated amount of time required to complete each task. Below outlines our labor compliance approach:

1. Project Kick-Off and Planning
• Review the Agreement to Implement CDBG contract and labor compliance requirements with the City’s project team.
• Oversee the specific labor standards parameters applicable to the construction project. • Implement and monitor Equal Employment Opportunities (EEO) program. • Ensure that the Federal Wage Decision is incorporated in project specifications and contract. • Ensure that the Federal Wage Decision is current at Bid Opening or other appropriate date. • Verify the contractor and subcontractor’s eligibilities to contract with Federal and State agencies. • Prepare and submit contract award notices to Contractor, Office of Federal Contract Compliance Programs and CDBG.

2. Participate and present prevailing wage requirements at Pre-Construction Meetings:
• Research and interpret laws, codes, and regulations affecting the enforcement of prevailing wage rates. • Create Pre-Construction checklist of new and existing regulatory requirements. • Present HUD, CDBG, Section 3, and labor compliance reporting requirements to the project team (contractor and subcontractors).
• Present City of Huntington Park with draft of meeting minutes/handouts for review and approval. • Conduct the pre-construction orientations with contractors and subcontractor to ensure their understanding of prevailing wage, Davis Bacon, and reporting requirements. Respond to questions. • Respond to technical questions regarding requirements.

3. Secure and collect weekly Certified Payroll Records (CPRs) no later than the 10th of each month following the commencement of work
• In preparation for data collection, create “Project Reporting System” to oversee timely submittal of certified payroll reports and other related documents to ensure compliance. Use existing GCAP templates/resources as applicable to City projects for added efficiency.
• Maintain all compliance files and documents, such as the Labor Standards Administration and Enforcement file, relating to the City’s prevailing wage activities in an “audit ready” inspection format and location (securing all hardcopy documents in locked fireproof cabinets). • Establish secure virtual environment for electronic files. Make available to the City for review. • Program monthly reminders for payroll submission tracking. • Use “Project Reporting System” to oversee timely submittal of certified payroll reports and other related documents to ensure compliance.

4. Perform ongoing monitoring and reporting to ensure compliance by all contractors and subcontractors • Continually research and interpret laws, codes, and regulations affecting the enforcement of prevailing wage rates. Advise the City (via monthly reporting) of any changes to state prevailing wage requirements including apprenticeship requirements.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 8 • Ensure compliance with Senate Bill 854 & Senate Bill 1 contractor registration and payroll submission to DIR.
• Respond to Requests for Information (RFIs) regarding Labor Compliance requirements from contractors, subcontractors, unions, and other parties.
• Respond to technical questions regarding prevailing wage requirements. • Provide information and data on trades and trade classifications performing on projects. • Ensure that certified payroll records are submitted by prime contractor and their subcontractors. • Conduct audits of payroll records and other related documents for inconsistencies, discrepancies or other issues to ensure compliance with the payment of prevailing wage rates. • Monitor the submittal of Fringe Benefit Trust reports. • Identify wage underpayments through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project.
• Issue discrepancy notices (at least monthly) to prime as needed. Calculate and recommend to the City the amount of wages that the City will withhold from the contractor’s payments/retention • Prepare the Notice of Labor Standards Violation Report and HUD 5.7 Enforcement Report for underpayments to workers.
• Calculate and make recommendations to withhold contract payments/retention (after second notice to contractors).
• Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. • Prepare reports regarding any deficiencies for City submittal to appropriate governmental agencies. • Prepare documentation for disbursement of back wages, training funds and/or penalties due. • Work with grieving parties to resolve disputes as they arise. • Prepare various reports for contract and labor compliance including but not limited to the Contract and Subcontract Activity Report and Semi-Annual Labor Standards Enforcement Report.

5. Perform jobsite field reviews as required under the frequency standards • Conduct onsite interviews to determine wages paid to workers (minimum of 10% of all workers on project). • Verify proper regulatory posting requirements are met at jobsite location (in compliance with the EEO posting requirements).
• Photograph jobsite and work being performed to be used as a cross-reference for auditing against payroll documents.
• Reconcile wage rates paid and to observe the job classification they are performing. Compare to payroll submissions and daily reports.

6. Monitor regulations for Department of Apprenticeship Standards (DAS) • Verify and enforce submission of apprentice forms (DAS-140, DAS-142), as applicable. • Continually monitor apprentice registrations, journeyman to apprentice ratio, and report on expiration/completion status.
• Monitor the submittal of Training Fund Contribution Reports.

7. Project Close Out
• Review the final project file and participate in the final review meeting with HUD, if necessary. • Confirm end of construction status (ensure that all “covered” work is complete). • Identify pending issues and ensuring complete compliance by contractors/subcontractors (payment of proper prevailing wage rates, report submissions, etc.). • Confirm that records for onsite interviews of trades are complete and issues resolved. • Confirm that audit reports are reviewed for inconsistencies and discrepancies. Verify that all issues are properly documented and that there is a clear chronology of events.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 9 Proposed Personnel
Ms. Sylvia Linn will serve as the Project Manager for this engagement and shall serve as the primary point of contact for the City. We will not substitute any of the proposed staff on this project without the prior written concurrence from the City. On the pages to follow, please find attached the below proposed personnel resumes:
• Sylvia Linn, Labor Compliance Project Manager
• Stephannie Gabaldon, Labor Compliance Analyst II
• Celeste Maldonado, Labor Compliance Analyst I
City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 10 Sylvia Linn
Background Ms. Linn has extensive experience in labor compliance monitoring, analysis, audits and implementation of compliance-related processes for public sector agencies. She possesses an in-depth, practical knowledge of the regulatory environment, assessment of operational risks and developing risk mitigation procedures. Ms. Linn is well versed in the tools and resources to enhance monitoring efficiency and works extensively with the cutting-edge technology to streamline the process and reduce risk of error. Ms. Linn’s current responsibilities with GCAP Services as the Director of Compliance Relations include payroll/wage determination analysis, and labor compliance monitoring and audits.

Education Master of Business Administration, 2007
University of Redlands
Juris Doctorate, 1999
Chapman University School of Law
Bachelor of Science, Business Administration, 1993
University of Phoenix
Employment History GCAP Services, Inc. 2005 – Present
Vice President/Labor Compliance Project Manager
WBTB, LLC. 2004 – 2005
Business Development Officer
Law Offices of Lively & Associates 1999-2004
Legal Analyst
Data Processing Resources Corp 1991-2009
Technical Analyst
Relevant Experience
❖ Extensive experience monitoring and reporting on public works project subject to CDBG funding requirements. Comprehensive understanding of Section 3/HUD reports (HUD 5.7, HUD-2516, and HUD-60002) reporting requirements. Provided guidance to various City agencies in helping to complete reporting requirements.
❖ Performed Labor Compliance monitoring project support for major southern California based transportation agencies. Responsible for overseeing and managing the labor compliance officer responsibilities for construction related contracts and providing oversight of the labor wage monitoring and labor compliance functions for consultant related contracts. ❖ Supported major transportation authority with labor compliance monitoring to review contractor and subcontractor compliance with prevailing wage, benefit, and apprentice requirements.

Responsibilities included weekly payroll reviews, jobsite interviews, and status reporting. Monitoring duties also entailed ongoing communication with Authority (agency) and contractor/subcontractors. ❖ Responds to technical questions regarding prevailing wage requirements for SBCTA projects and monitors to ensure that certified payroll records are submitted by CM firms. She is responsible for City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 11 conducting audits of payroll records and other related documents for inconsistencies, discrepancies or other issues to ensure compliance with the payment of prevailing wage rates. She monitors workforce utilization reports to verify trade and apprenticeship participation and developed SBCTA’s Labor Compliance monitoring procedures.
❖ Researches and interprets laws, codes, and regulations affecting the enforcement of prevailing wage rates and advises clients of any changes to state prevailing wage requirements including apprenticeship requirements. Participates in pre-bid and pre-construction meetings to communicate to contractors and subcontractor prevailing wage requirements and obligations. ❖ Developed Labor Compliance Procedures to provide help the transportation authorities with document tracking, field activities, certified payroll reviews, labor and overall requirements monitoring and enforcement across its three key construction projects. ❖ Support various availability and disparity studies in the areas of availability analysis, phone surveys, and in person interviews. Responsible for documenting interview findings and analyzing testimony from public hears held across the state.
❖ Perform audit of internal controls for federal and state grants management for major southland transportation authority. Disseminate findings, recommendations, and action plan to capitalize on strengths of current program and correct deficiencies and weaknesses. ❖ Developed and maintained Title VI Program Plan for all project phases of Metro Gold Line Foothill Extension Construction Authority. Responsibilities included reviewing the existing program plan, researching regulatory updates and requirements, developing/documenting complaint and investigation procedures, providing instruction on completion of forms. ❖ Developed, maintained, and revised policies and procedures for compliance programs, including labor compliance and federal compliance requirements with EXEO, ADA, and Title VI requirements.

Assisted with the day-to-day execution of compliance programs.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 12 Stephannie Gabaldon
Background Ms. Gabaldon has over 10 years of experience as a regulatory requirements analyst, specializing in both public and private sector project support. She is an expert in identifying and resolving deficiencies in key requirements, analyzing requirements for proposed solutions, interviewing project stakeholders and personnel at all levels; preparing and maintaining all project related documentation (e.g., requirements, status reports, and recommendations to improve efficiency and compliance). Ms. Gabaldon is currently responsible for reviewing contractor and subcontractor certified payroll reports and supporting documents to identify overall compliance with state, federal, and local requirements; analyze, propose and document compliance related solutions.

Education Bachelor of Arts, Asian American Studies / Educational Studies Minor University of California, Irvine; Irvine, CA
Employment History GCAP Services, Inc. 2020 – Present
Labor Compliance Analyst II
GCAP Services 2008 – 2010
Business Analyst
Ingram Micro 2006 – 2007
Marketing Administrator
Relevant Experience
❖ Reviewed certified payrolls and Section 3 monitoring and reporting (HUD-60002) for various projects.
❖ Review certified payroll reports for major transportation projects to validate adherence to federal and state regulations. Reconcile jobsite interviews with certified payroll, confirm wage and classification information.
❖ Evaluate apprentice information for compliance with federal and state certifications ratios and wage rates. Ensure that apprentices are appropriately supervised by journeymen with same craft. ❖ Conduct labor compliance jobsite interviews utilizing the required interview forms and adhering to jobsite safety protocols. Ensure job-site posters are displayed in the appropriate locations. ❖ Worked on Policy and Procedures / Training and Documentation team for two large-scale County of Orange ERP implementations: a) Human Resources and Payroll Management; and b) General Accounting, and Finance.
❖ Help to facilitate county-wide requirements gathering sessions to identify discrepancies and inconsistencies between current financial and human resource related procedures, and recommended protocols. Compare results to regulatory and system requirements. Document results and collaborate with project stakeholders and department heads to establish viable solutions, reporting deliverables and resources.
❖ Perform requirements gathering and developing functional requirements documentation.

Created business process maps and developed proposed solution documents for overall implementation effort.

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 13 Celeste Maldonado
Background Ms. Maldonado has over 3 years of experience in a variety of administration, coordination, and analysis roles. Celeste is responsible for supporting GCAP’s labor compliance related consulting projects within the public contracting area. This includes analysis of labor compliance data, developing spreadsheets, logging information, as well as developing and maintaining reports. Ms. Maldonado’s analytical skills and ability to work in a fast-paced environment allows her to adopt to new concepts, delivering optimal solutions to clients. She has experience providing effective support on multiple projects simultaneously. Current responsibilities include reviewing contractor and subcontractor certified payroll reports and supporting documents to identify overall compliance with state, federal, and local requirements.

Education Bachelor of Science, Fashion Marketing & Merchandising Art Institute of Orange County
Employment History GCAP Services, Inc. 2021 - Present
Labor Compliance Analyst I
Servco Builders 2021
Contract Administrator
Atkinsons Construction, LLC 2019 – 2020
Contract Administrator
Relevant Experience
❖ Collect and review certified payroll reports, fringe benefits statements, DAS forms, payroll deductions, and other related documents from subcontractors. ❖ Identify and resolve discrepancies related to payroll and certified payroll reports; facilitate proper reporting of prevailing wages, fringe benefits, apprentice utilization, and resolution of employee wage violations.
❖ Certify and submit payroll and other related documents. ❖ Prepare and send out Notice to Proceed emails for all projects ❖ Assist with processing change orders, contracts, and estimates ❖ Draft all master subcontract agreements and work authorizations for execution ❖ Manage and update all contract logs, verify insurance certificates for all vendors/subcontractors, and process closeouts for all completed projects
❖ Track ongoing project subcontracts, CPOs, PSAs, and ELAs ❖ Serve as liaison between contractors and contracts manager during negotiations ❖ Collect lien releases, insurance certificates, and vendor forms from subcontractors and vendors ❖ Review P&P bonds for compliance
❖ Maintain client profiles with an 85% retention rate within district ❖ Act as liaison between claim adjusters, underwriters, and other industry professionals City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 14 References

CLIENT/REFERENCE INFO SUMMARY OF EXPERIENCE
City of Anaheim
Stephen Stoewer
Senior Project Manager
(714) 765-4338
[email protected]
March 2018 – March 2019
Staff Participation:
• Sylvia Linn
• Stephannie Gabaldon
Labor Compliance Services
GCAP was selected by the City of Anaheim to provide on-call labor compliance services on a variety of city projects, such as the El Verano project. Our team’s labor compliance services for this project include:
• Participating in and presenting prevailing wage
requirements at pre-construction meetings
• Monitoring certified payroll and related documents for compliance with State, and Federal Davis Bacon and
Section 3 requirements under HUD
• Addressing technical questions regarding prevailing
wage and labor compliance
• Performing jobsite interviews, apprentice monitoring, and contractor support
City of Long Beach
Melissa Pyun
Labor Compliance Officer
(562) 570- 6037
[email protected]
December 2020 – November 2022
Staff Participation:
• Sylvia Linn
• Stephannie Gabaldon
• Celeste Maldonado
On-Call Labor Compliance, HUD and Title VI Monitoring
GCAP performs a wide variety of on-call services, such as the El Dorado Park West Site Prep and El Dorado Park Turf
Installation projects, for the City including:

HUD Section 3 Monitoring
• Monitoring Section 3 and EEO Requirements
• Preparing HUD Reports
Davis Bacon Monitoring
• Monitoring Certified Payroll
• Performing Jobsite Visits
• Attending Pre-Construction Meetings
• Handling Violations
• Monitoring Apprenticeship Standards
• Data Collection and Maintenance
• Reporting
Los Angeles Department of Public
Works (LADPW)
Robert Eisenhamer
Associate Civil Engineer
(626) 458-3155
[email protected]
December 2016 to December 2020
Staff Participation:
• Sylvia Linn
• Stephannie Gabaldon
Labor Compliance Services
GCAP was selected by LADPW to provide on-call labor
compliance services in accordance with local, State and federal requirements, such as for the Del Mar Bridged Replacement project. Under this project, GCAP provided the following services:
• Certified payroll review
• Jobsite/field interviews
• Verification of apprentice requirements
• Fringe benefit reconciliation
LAE Associates Labor Compliance Services
City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 15 Fred Alamolhoda, P.E.

President
(714) 993-2840
[email protected]
August 2016 to Present
Staff Participation:
• Sylvia Linn
• Stephannie Gabaldon
GCAP was selected by LAE Associates, a construction
management firm, to perform labor compliance monitoring for the Pedestrian Improvements around the Arcadia Gold Line Station project. The Section 3 project included installation of ADA compliant curb ramps, and sidewalk improvements. Our project team provided the following services:
❖ Certified Payroll Review
o Reconciliation between Daily Reports and
payroll documents
o Verification of the required certified payroll
reporting requirements.
o Review Non-Standard Deductions and
Supporting Documents
o Verification of Apprenticeship Requirements
o Verification of Trust Funds Payments & 3rd
Party Benefits
o Develop monthly report summarizing
discrepancies and discuss status with client.
❖ Section 3 HUD Act Economic Enforcement
Regulations, Worker Data Collection, Eligibility and
Provisions. Section 3 Summary Report HUD Form
(60002).

City of Huntington Park
Labor Compliance Services
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 16 Fee Schedule/Cost Proposal
As required by the RFP, please find our fee schedule/cost proposal separately attached. 3760 Kilroy Airport Way
Suite 270
Long Beach, Ca 90806
Phone: 562-200-7169

PROPOSAL FOR

LABOR COMPLIANCE

SERVICES
CIP 2021-01 SB1 CDBG
Street Reconstruction
Project FY 21-22
March 16, 2022
City of Huntington Park – City Clerk’s Office
Attn: Cesar Roldan, Director of Public Works
6550 Miles Avenue
Huntington Park, CA 90255
Submitted to: Submitted by:

MBAKERINT.COM
3760 Kilroy Airport Way, Suite 270, Long Beach, CA 90806 P: (562) 200-7169 F: (562) 200-7166
March 16, 2022
City of Huntington Park – City Clerk’s Office
Attn: Cesar Roldan, Director of Public Works
6550 Miles Avenue
Huntington Park, CA 90255
SUBJECT: LABOR COMPLIANCE SERVICES FOR THE
CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 21/22 Dear Mr. Roldan:

Michael Baker International (Michael Baker) is pleased to submit this proposal to provide labor compliance monitoring and enforcement services to the City of Huntington Park for the Community Development Block Grant (CDBG) funded CIP 2021-01 SB1 CDBG Steet Reconstruction Project FY 21/22 (Project). Michael Baker is a leading global provider of engineering, planning, and other consulting services. With its acquisition of Pacific Municipal Consultants (PMC) in 2015, the firm is now able to offer a full complement of community development services to its clients, including labor standards compliance monitoring. This proposal is based on the information in the City’s Request for Proposal (RFP), as well as our familiarity with applicable federal and state regulations and our considerable experience in administering labor standards compliance monitoring for cities across California, particularly for cities like Huntington Park that receive CDBG funds from the U.S. Department of Housing and Urban Development (HUD).

Michael Baker is proposing to provide all of the services required for the monitoring and enforcement of the City’s Project to ensure compliance with Davis-Bacon Act, state prevailing wage, and Section 3 requirements at costs that fall within the activity delivery fees allowed by HUD for such services. Damien Delany, our designated Project Manager, is extremely well qualified to serve the City in this capacity. He has provided labor compliance monitoring services to cities throughout the state of California. Under Damien’s direction, Ms. Sandra Lee will serve as the day-to-day Point of Contact for the Project. Ms. Lee has been commended by the Los Angeles County Development Authority for the organization and completeness of her labor compliance files.

We believe that our proposal is fully responsive to the City’s RFP and that the services being offered by Michael Baker International will fulfill the City’s needs in a comprehensive, well-integrated, and cost-effective manner.

The proposal has been signed by our Associate Vice President, William Hoose, who has the authority to bind the firm to proposals and execute agreements.

We sincerely appreciate the opportunity to submit this proposal and look forward to providing labor standards compliance monitoring and enforcement services to the City of Huntington Park. If you have any questions regarding this proposal, please contact Sandra Lee at (562) 753-2833 or [email protected].

I HAVE READ, UNDERSTOOD, AND AGREED TO

ALL STATEMENTS IN THIS REQUEST FOR

PROPOSAL AND ACKNOWLEDGE RECEIPT OF

ALL ADDENDUMS/AMENDMENTS AS WELL AS

TO THE TERMS, CONDITIONS, AND
ATTACHMENTS REFERENCED.

Sincerely,
William Hoose, AICP
Associate Vice President
1 | Page

1. FIRM’S BACKGROUND
Michael Baker International, Inc. is incorporated in the State of Pennsylvania as of 1940. We have been doing business in and have properly registered with the California Secretary of State since the 1980’s. Michael Baker is a leading global provider of engineering, planning, and other consulting services. The firm offers a comprehensive range of innovative services and solutions to support Federal, State, and municipal government agencies and other diverse clients. Michael Baker has over 90 offices throughout the U.S. and internationally, including 12 in California. For a full list of offices, the City is invited to visit our website at www.mbakerintl.com. Michael Baker employs 3,509 staff nationally with 40 employees working out of our Long Beach and Los Angeles offices.

Michael Baker houses highly skilled staff members who hold up to 24 years of experience in performing Labor Compliance and Local and Targeted Worker Hiring Program monitoring for public agencies such as cities, counties, and housing authorities.

Michael Baker understands that Federal and State laws, labor codes and regulations affect the enforcement of the agency’s policy. With this understanding and the knowledge of how-toenforce, Michael Baker has successfully enforced and monitored the contractual requirements and goals of contractors of all tiers.

For 80 years, Michael Baker has provided excellent consulting services to local, State, Federal and international clients. Several years ago, Michael Baker acquired Pacific Municipal Consultants (PMC). PMC was a recognized leader in the provision of comprehensive municipal services to clients across California and elsewhere since 1995. As a result of this acquisition, Michael Baker can now offer its clients a full array of community development services, including labor compliance monitoring, in addition to its extensive construction management, urban and environmental planning and engineering capabilities. Michael Baker has assisted public agencies with the monitoring of Prevailing Wage compliance for public works projects using Federal, State, and/or local funding sources.

Labor Compliance Monitoring
Services
• Administration of DavisBacon Act and state
prevailing wage law
compliance monitoring
• Preparation and review of
bid documents
• Training contractors and
staff on Section 3
compliance
• Prevailing wage compliant
documentation and
investigation
• Verification of income levels
and ethnicity
• Prevailing wage–related file
collection and organization
• Verification of prime and
subcontractor eligibility
• Documentation and
facilitation of preconstruction
conferences
• Verification of apprentices
for state and federal
registration
• Change order consultation
• Construction site visits and
prevailing wage interviews

2 | Page

2. QUALIFICATIONS AND EXPERIENCE OF ASSIGNED PERSONNEL
Mr. Damien Delany is a Principal Planner and the Lead for Housing and Community Development Services and has 30 years of experience in the grant administration, project management field, and monitoring of Davis Bacon Act and State prevailing wage compliance. He has overseen or personally managed the operation of federally funded grants and construction programs for 14 California cities, working with a variety of agencies. He has been trained by HUD and has represented many cities as they were audited by HUD auditors. He will serve as the Project Manager overseeing the overall Labor Compliance services and serve as a Technical Advisor on all difficult matters that may arise. Mr. Delany is particularly well qualified to serve in this capacity with 30 years of experience administering State and Federal grant funded HUD programs. He has led many projects from the design phase to the successful completion of construction and subsequent audit by various funding agencies.

Mr. Delany will be providing overall supervision of the services to be provided by the Labor Compliance Officer.

Mr. Delany will be working out of our Long Beach office located at 3760 Kilroy Airport Way, Suite 270, Long Beach, CA 90806.

Ms. Sandra Lee will be the designated Labor Compliance Officer who will be enforcing and monitoring the labor compliance requirements and Section 3 contractual goals of the Project. Ms. Lee has over 10 years of experience in enforcing and monitoring contract compliance of public works projects throughout California. She has worked with cities, counties, and housing authorities and have built lasting relationships with her clients.

She has successfully enforced Labor Compliance requirements for various public works projects throughout California, monitored Local Jobs Programs for City of Los Angeles projects and the Local and Targeted Worker Hiring Programs for County of Los Angeles projects. She has assisted contractors to meet and exceed their Section 3 Hiring goals with federally funded public works projects. Ms. Lee has achieved timely compliance close-outs for all the projects that she has monitored. Michael Baker would like to highlight one of Ms. Lee’s greatest achievements to reflect her capabilities; she has successfully enforced and monitored Labor Compliance and Section 3 requirements of 76 contractors in one project. She has also provided effective services to a public works project that was $1.1 billion in size.

Ms. Lee will be working out of our Long Beach office located at 3760 Kilroy Airport Way, Suite 270, Long Beach, CA 90806.
3 | Page

3. PROJECT APPROACH AND UNDERSTANDING
Michael Baker understands that the City of Huntington Park (City) is seeking qualified consulting professionals who will monitor and enforce labor compliance and Section 3 requirements of the CDBG-funded Street Reconstruction Project for FY 2021 – 2022. The project consists of the street reconstruction of the roadways on Miles Avenue between Florence Avenue and 150’ north of 57th Street and Santa Fe Avenue between Florence Avenue and 58th Street. Improvements include pedestrian safety and mobility enhancements, upgrades to pedestrian ramps in compliance with the latest edition of the American with Disabilities guidelines, striping. The project is also subject to Greenbook standards and Public Contracting Code procurement requirements.

The project estimates to start by April 2022 and be completed by October 2022, anticipating about 146 working days to complete. Being CDBG-funded, and based on the estimated construction cost, the project is required to comply with the Davis-Bacon and related acts and Section 3 requirements. Therefore, the City is seeking the services of a qualified and experienced consultant to provide labor standards compliance and Section 3 monitoring services to ensure that all applicable federal and state labor standards requirements are met. It is with this understanding of the project that Michael Baker has prepared the technical approach that follows.

Task 1. Pre-Construction
Michael Baker will assist the City with preparing the applicable project award documents that conform with the standards of the Office of Federal Contract Compliance Programs and the HUD CDBG guidelines.

During the bid evaluation phase, Michael Baker staff will ensure that the contractors are considered responsive before advising the award of a contract and scheduling a preconstruction meeting. Michael Baker staff will also verify that the contractors are state licensed and bonded, maintain applicable workers compensation, and do not appear on the list of parties excluded from federal procurement or non-procurement programs.

During the preconstruction meeting, Michael Baker staff will highlight any important labor standards requirements and disclose any changes or amendments to the requirements. Michael Baker will assist the contractors with the pre-construction compliance forms and ensure that the compliance forms reflect satisfactory level of information.

Deliverables: Applicable contract award documents, applicable prevailing wage decision, Section 3 Bid Evaluation, and Welcome Package.

Task 2. Construction
Certified Payroll Reporting – Michael Baker will collect and review weekly payrolls from each contractor on the project, this will include all lower tier subcontractors. Michael Baker will ensure that payrolls have been properly completed and reflect correct information such as trade/classification and group/period number, appropriate wage rates, fringes, and deductions. To reconcile craft hours, Michael Baker may also collect and review payroll supporting documents such as inspector logs, daily job logs, timesheets, and sign-in sheets.

Michael Baker will ensure that all contractors are employing and working apprentices in ratios that conform to the apprenticeship regulations. For each apprentice reported on payroll, documentation will be obtained to prove apprentices and trainees are registered with an approved apprenticeship program and hold current status throughout the construction phase of project.

Weekly Payroll Log – Michael Baker will update this log to track the trades, wages, weekly labor hours, and Section 3 Worker and Targeted labor hours. This log will serve as a tool to track payroll information and status of the applicable contractor’s status of the Section 3 contractual goals. 4 | Page
Section 3 Worker and Targeted Worker Certifications – Michael Baker will collect and verify certifications for each craftworker listed on the applicable contractor payrolls. Michael Baker will verify if each craftworker is qualified to be counted towards the project-wide and Contractor-specific goals.

Site Visits – Michael Baker will conduct verifications of contractors working onsite. We will keep a log of verifications to confirm that all contractors are submitting labor compliance documents and payrolls. Michael Baker will also conduct weekly onsite craftworker interviews to ensure that craftworkers feel that they are being paid the appropriate wage rate and fringes for their trade/classification. Michael Baker will conduct follow-up interviews with the same craftworkers to confirm that the wages/fringes being paid are no less than the applicable wage determination. Michael Baker will also verify that the required federal and state employee posters and DBA wage rates are posted onsite.

Status Report – Michael Baker will provide a monthly Labor Compliance Status Report that will outline each contractor’s compliance status with the project. Report will contain detailed description of contractors’ delinquencies, discrepancies (suspected violation), clearance of issues and recommendation for payment withhold for outstanding discrepancy/delinquencies. Payment withhold will be recommended when a contractor fails to respond and submit documents in a timely manner.

Additional Reports – Michael Baker will prepare the Semi-Annual and Annual HUD reports on behalf of the City.

Progress Meetings – Michael Baker will participate in progress meetings to provide status report of overall project compliance status and contractor-specific compliance status.

Project Compliance Files – All written documentation provided by Michael Baker for the purpose of labor compliance and Section 3 reporting to the City will be concise and organized in a manner that will be easily understood. All files related to the assigned project will be organized and ready to submit at the request from the City.

Deliverables: Project Compliance Files – originals and electronic copies, Weekly Payroll Log, Section 3 Reporting and Certifications, Craftworker Interview forms, and Labor Compliance Status Reports.

Task 3. Post-Construction
Once the construction has been completed, Michael Baker will work with contractors to properly close out their labor compliance and Section 3 requirements with the Project. If any issues arise during the time of compliance close-out, Michael Baker will notify the City. Michael Baker will work with contractors to remedy issues and assist contractors to submit their final compliance documents in a timely manner.

Michael Baker will advise the City when the labor compliance requirements have been satisfied and work with City in support of retention payment to the contractor.

Once the labor compliance files are complete, Michael Baker will prepare a HUD Audit Files that will contain the necessary compliance documents to satisfy the HUD’s project compliance files guidelines. If it is requested by the City, Michael Baker will present the labor compliance files during the audit and walk the auditor through the entire project files and answer any questions. If the auditor requests any additional documentation, Michael Baker will gather the information and submit it to the auditor for final file review approval. Once final approval is received, Michael Baker will deliver the entire labor compliance files to the City by the desired method of delivery.

In adhering to the RFP’s Approach and Understanding, Michael Baker will provide labor compliance and Section 3 monitoring in a manner that minimizes the demands placed on the City staff.

Deliverables: Project Labor Compliance Files, Section 3 Final Reports, HUD Audit Files, Semi-Annual Labor Standards Enforcement Report, Annual Report of Contract and Subcontract Activity. 5 | Page

4. PROPOSED PERSONNEL
Damien Delany
Project Manager
Mr. Delany is a Principal Planner and the Lead for Housing and Community Development Services. Mr. Delany has 30 years of experience in the grant administration and project management field. He has overseen or personally managed the operation of federally funded grants and construction programs for 14 California cities, working with a variety of agencies. He has been trained by HUD and has represented many cities as they were audited by HUD auditors. He will serve as the Project Manager overseeing the overall Labor Compliance services and serve as a Technical Advisor on all difficult matters that may arise. Mr. Delany is particularly well qualified to serve in this capacity with 30 years of experience administering State and Federal grant funded HUD programs.

Education
• Masters Certificate in Applied Project Management, Villanova University, Villanova, PA
• B.S., Regional Development and Urban Planning, University of Arizona Project Experience
While working for Michael Baker International and Willdan Engineering, Mr.

Delany’s experience in the field of community development has included the following:

City of Montebello. Project Manager for Labor Compliance on new State Bond funded Hilton Home2Suites Hotel project. Responsible for overseeing the submittal, and review of the certified payroll records. Worked as the liaison between the City and the Contractor providing Labor Compliance reports, requesting restitutions, and overseeing audits. Responsible for administering the City’s annual CDBG grant received from HUD and assisting with the implementation of CDBG-funded activities.

City of Redondo Beach. Serving as the Project Manager for Labor Compliance monitoring for multiple Federal-funded projects. Responsible for assisting City staff with bid document review and creation, training City Staff and Contractors about Davis-Bacon requirements and recommending payment withholding for non-compliance.

City of Fresno. Responsible for managing the City’s Homeless Community Initiatives. This includes overseeing the labor compliance aspect of the CDBG-funded homeless construction projects.

Orange County Public Works. Responsible for managing the labor compliance aspect of a bridge replacement project and a levee reinforcement project. Provided labor compliance reports and clarifications to contractors’ questions regarding the requirements. Performed training to Orange County Public Works staff and coordinated with prime contractor on how to resolve the non-compliance issues from subcontractors.

City of South San Francisco. Responsible for managing the labor compliance aspect of the CDBG-funded construction projects. Overseeing the bid preparation and delegation of certified payroll record review.

City of Norwalk. Responsible for managing the labor compliance aspect of CDBG and Cal-trans funded construction projects. Overseeing the bid preparation and delegation of employee interviews, Section 3 monitoring, DBE monitoring and contractor eligibility.

Professional Affiliations
• National Association of
Housing and
Redevelopment Officials
Training/Seminars
• IDIS Reporting
• Basically CDBG
• Building HOME
Partnership Training
Team Member since 2014
6 | Page
Sandra Lee
Ms. Lee will serve as the Labor Compliance Officer to the City of Huntington Park. She will provide daily monitoring of each contractor’s compliance requirements on the assigned project. She has successfully enforced Labor Compliance requirements for various public works projects throughout California, monitored Local Jobs Programs for City of Los Angeles projects and the Local and Targeted Worker Hiring Programs for County of Los Angeles projects. She has assisted contractors to meet their Local and Targeted Worker or Section 3 contractual goals with federally funded public works projects. Ms. Lee has achieved timely compliance close-outs for all the projects that she has monitored.

Education
Business Administration, Contract Compliance, Morgan State University, Baltimore, MD Relevant Experience
Berths 167-169 Oil Terminal , Port of Los Angeles. Jobs Coordinator – Enforce and monitoring of the Port of Los Angeles Project Labor Agreement. Develop and provide effective Local and Targeted Worker hiring strategies to contractors so that they may meet/exceed their contractual goals. Responsible of monthly and project-end reporting of contractor-specific and project-wide PLA requirements and goals.

City of Culver City. Served as the Labor Compliance Officer for the State-funded Realignment of Streets and Stormwater Treatment Pipes Project. Monitored compliance requirements of a total of 28 contractors.

City of El Monte. Serving as the Labor Compliance Officer for various State-funded Water Main Replacement Project. Monitoring labor standards and Continuity Workforce Agreement requirments of contractors.

City of Lawndale. Serving as the Labor Compliance Officer for the CDBG-funded projects. Monitoring Labor Compliance and Section 3 requirments of all contractors. Update and submit semi-annual and annual New Hire reporting to HUD on behalf of City. Respresenting the City at Los Angeles Community Development Authority file review.

City of Norwalk. Serving as the Labor Compliance Officer for the CDBG Local Streets Rehabilitation Project.

Monitoring Labor Compliance and Section 3 requirments of contractors.

City of Redondo Beach. Serving as the Labor Compliance Officer for the CDBG-funded Street Improvements Project. Responsibilities in conducting employee interviews, reviewing certified payroll reports, and monitoring Section 3 and apprentice requirements. To represent the City at HUD Audit.

City of Torrance. Serving as the Labor Compliance Officer for the CDBG- funded projects. Monitoring labor compliance and Section 3 requirments of all contractors. Reporting to the County of Los Angeles County Development Authority on behalf of the City.

City of Union City. Serving as the Labor Compliance Officer for various CDBG -funded projects. Monitoring Section 3 requirments for all contractors. Update and submit semi-annual and annual New Hire reporting to HUD on behalf of City.

Housing Authority of City of Benicia. Serving as the Labor Compliance Officer for the CDBG -funded Public Housing Rehabilitation Project. Monitoring Labor Compliance and Section 3 requirments of all contractors. Will be representing the Housing Authority at HUD Audit.

Training/Seminars:

Contract Compliance
Administration by Association
of Construction Compliance
Prevailing Wages by the
Department of Labor, Wage
and Hour Division
HUD Section 3 Training by
the Department of Housing
and Urban Development
Team Member since 2019
7 | Page

5. REFERENCES
Please see the following pages for references from the following public agencies for services that are performed to similar projects.
• City of Norwalk – Public Works Department
• City of Rancho Palos Verdes – Public Works Department • Los Angeles County Development Authority – Authority of Community Development Block Grant funded public works projects of participating cities.

1 Lee, Sandra
From: Jeffrey Badre <[email protected]>
Sent: Thursday, March 10, 2022 1:54 PM
To: Lee, Sandra
Subject: EXTERNAL: RE: Michael Baker International: eference Statement Hello,
My name is Jeffrey Badre, CDBG Contract Manager at the Los Angeles County Development Authority (LACDA). My experience working with Ms. Sandra Lee has been excellent. Ms. Lee organizes, prepares and manages CDBG Labor Compliance requirements for the cities she represents in an professional and proficient manner, from bid document preparation to construction completion.  Ms. Lee is exceptional in responding to requests for information or documentation and working to ensure compliance with project funding requirements. It has been and is a pleasure working with Ms. Lee.

Sincerely,
Jeffrey Badre, CDBG Contract Manager (pronouns: he/him/his) Community Development Division - Contract Management Unit Los Angeles County Development Authority
700 W. Main Street
Alhambra, CA 91801
Phone: (626) 586-1719
Fax: (626) 943-3838
www.lacda.org
From: Jeffrey Badre
Sent: Monday, March 7, 2022 8:25 AM
To: Lee, Sandra <[email protected]>
Subject: RE: Michael Baker International: Request for Reference Statement Hi Sandra,
Yes, I can and will. My pleasure. Let me put a few words together and send over shortly.

Sincerely,
Jeffrey Badre, CDBG Contract Manager (pronouns: he/him/his) Community Development Division - Contract Management Unit Los Angeles County Development Authority
700 W. Main Street
Alhambra, CA 91801
Phone: (626) 586-1719
Fax: (626) 943-3838
www.lacda.org

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report

April 5, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:

REJECT ALL BIDS RECEIVED FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1)
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Reject all bids for CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 2021- 22 in accordance with Public Contract Code Section 22038(a)(1);

2. Authorize staff to modify the project scope of work in conformance with all applicable engineering standards; and

3. Authorize the Public Works Department to re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1).

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On December 21, 2021, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for 2021-01 SB1 CDBG Street Reconstruction Project FY 2021-22 (Project).

The two roadway segments in the table below were chosen for street pavement resurfacing.

Street Name Beginning Location Ending Location
Miles Avenue   150’ N/O 57th Street   Florence Avenue
Santa Fe Avenue   58th Street   Florence Avenue
The NIB was published twice on February 22, 2022 and March 9, 2022, in a newspaper of general circulation per the Community Development Block Grant (CDBG) requirements. The plans and specifications were also accessed and redistributed by several electronic media outlets that post the bid package on e-bid boards. A bid opening was held on March 24, 2022, where the City Clerk opened and read three (3) bids. The following is the ranking of bids commencing from the lowest responsive, responsible bid:

REJECT ALL BIDS RECEIVED FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1)
April 5, 2022

Bidder (lowest bid first) Total Bid Shown on Bidder’s Proposal Palp, Inc. dba Excel Paving $4,778,297.81
Hardy & Harper $6,250,000.00
Sully-Miller $6,792,114.00
Staff analyzed the bids received (Attachment 1) and after reviewing the bid proposals, the recommendation is to reject all bids due to the bids significantly exceeding the engineer’s estimate and the budgeted amount. Additionally, Palp, Inc. dba Excel Paving has requested a withdrawal of their bid.

The advantages to rejecting all bids and re-advertising the project is that re-bidding may increase the number of participants as the fiscal year comes to an end and provides staff with an opportunity to hold a pre-job walk meeting and have additional discussions with the bidders to find out what risks or uncertainties they may have seen in the project that caused the bid prices to be substantially higher than the engineer’s estimate.

Staff recommends re-advertising the project. Below is a tentative bid schedule:

NIB issued and posted: April 8, 2022
Request for Information (RFI): April 28, 2022 at 2:00 pm Answers to RFIs: May 2, 2022 at 5:00 pm
Bid opening date: May 9, 2022 at 2:00 pm
Contract awarded by City Council: May 17, 2022
Upon authorization from the City Council to re-advertise the project, Public Works staff will upload the plans and specifications to the City’s website and provide the City Clerk’s Office with the revised NIB to be published in a newspaper of general circulation.

LEGAL REQUIREMENT
The City has adhered to Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud and corruption in the awarding of public contracts.

Government Code Section 830.6 provides, “Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved … .” The City Council’s adoption of the PS&E on December 21, 2021 provided the nexus to comply with Government Code Section 830.6. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency REJECT ALL BIDS RECEIVED FOR CIP 2021-01 SB1 CDBG STREET RECONSTRUCTION PROJECT FY 2021-22 IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1)
April 5, 2022

and its employees regarding a plan or design for a construction project. Staff’s recommendation is for the slight modification of the PS&E as discussed in the recommendation and to authorize staff to formally rebid the project.

The City Clerk’s Office shall publish the NIB and shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published twice in the minimum period of twenty-one (21) calendar days before the date of opening the bids in a newspaper of general circulation per Public Contract Code Section 22037.

FISCAL IMPACT/FINANCING
The bids received on March 24, 2022 exceeded the total budgeted amount. Slight modifications of the project specifications and plans will assist in reengineering a more cost-effective approach to complete the project. There is no fiscal impact associated with the rejection of the bids, though there is a minimal cost of approximately $500 associated with the republishing of the NIB.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

CESAR ROLDAN
Director of Public Works

ATTACHMENT(S)

1. Bid Results

2. Excel Paving Withdrawal of Bid

ITEM ITEM DESCRIPTION UNIT QUANTIT

Y UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL 1a Mobilization/ Demobilization (Not to exceed 3% of total of all

LS 1 $ 89,000.00 $ 89,000.00 $ 123,000.00 $ 123,000.00 $ 160,000.00 $ 160,000.00 $ 181,710.47 $ 181,710.47 2a Provide Traffic Control LS 1 $ 126,000.00 $ 126,000.00 $ 354,000.00 $ 354,000.00 $ 727,642.85 $ 727,642.85 $ 405,220.00 $ 405,220.00 3a Sawcut and Remove Existing Concrete Sidewalk SF 3,903 $ 3.00 $ 11,709.00 $ 3.00 $ 11,709.00 $ 4.00 $ 15,612.00 $ 4.00 $ 15,612.00 4a Sawcut and Remove Existing Concrete Curb and Gutter LF 227 $ 22.00 $ 4,994.00 $ 34.00 $ 7,718.00 $ 40.00 $ 9,080.00 $ 15.00 $ 3,405.00 5a Sawcut and Remove Existing Concrete Driveway SF 283 $ 6.00 $ 1,698.00 $ 4.00 $ 1,132.00 $ 10.00 $ 2,830.00 $ 7.00 $ 1,981.00 6a Sawcut and Remove Existing Concrete Curb Ramp EA 34 $ 900.00 $ 30,600.00 $ 800.00 $ 27,200.00 $ 2,500.00 $ 85,000.00 $ 670.00 $ 22,780.00 7a Cold Mill Existing Asphalt Concrete (AC) Pavement (1 5/8" to SF 131,402 $ 0.30 $ 39,420.60 $ 0.22 $ 28,908.44 $ 0.25 $ 32,850.50 $ 0.40 $ 52,560.80 8a Cold Mill Existing Asphalt Concrete (AC) Pavement (2.5" SF 44,147 $ 0.34 $ 15,009.98 $ 0.41 $ 18,100.27 $ 0.45 $ 19,866.15 $ 0.50 $ 22,073.50 9a Cold Mill Existing Asphalt Concrete (AC) Pavement (3" Depth) SF 158,093 $ 0.45 $ 71,141.85 $ 0.48 $ 75,884.64 $ 0.50 $ 79,046.50 $ 0.50 $ 79,046.50 10a Prune Root Existing Tree and Install Root Barrier EA 11 $ 900.00 $ 9,900.00 $ 480.00 $ 5,280.00 $ 700.00 $ 7,700.00 $ 480.00 $ 5,280.00 11a Construct Concrete 4” Thick Sidewalk SF 3,903 $ 6.00 $ 23,418.00 $ 14.00 $ 54,642.00 $ 7.00 $ 27,321.00 $ 9.00 $ 35,127.00 12a Construct Concrete Curb & Gutter LF 245 $ 65.00 $ 15,925.00 $ 68.00 $ 16,660.00 $ 60.00 $ 14,700.00 $ 68.00 $ 16,660.00 13a Construct Concrete Driveway SF 283 $ 10.00 $ 2,830.00 $ 22.00 $ 6,226.00 $ 15.00 $ 4,245.00 $ 28.00 $ 7,924.00 14a Construct Concrete Curb Ramp EA 34 $ 3,000.00 $ 102,000.00 $ 4,500.00 $ 153,000.00 $ 4,000.00 $ 136,000.00 $ 4,562.00 $ 155,108.00 15a Furnish and Install Detectable Warning Surface EA 6 $ 750.00 $ 4,500.00 $ 900.00 $ 5,400.00 $ 2,000.00 $ 12,000.00 $ 847.00 $ 5,082.00 16a Provide and Place Crushed Miscellaneous Base (CMB) TON 21 $ 65.00 $ 1,365.00 $ 200.00 $ 4,200.00 $ 150.00 $ 3,150.00 $ 218.00 $ 4,578.00 17a Construct 1" Thick Leveling Course TON 956 $ 90.00 $ 86,040.00 $ 112.00 $ 107,072.00 $ 120.00 $ 114,720.00 $ 145.00 $ 138,620.00 18a Construct 1.5" Thick Conventional AC Overlay (C2-PG 64-10) TON 400 $ 100.00 $ 40,000.00 $ 92.00 $ 36,800.00 $ 95.00 $ 38,000.00 $ 132.00 $ 52,800.00 19a Construct 2" Thick Conventional AC Overlay (C2-PG 64-10) TON 7,396 $ 100.00 $ 739,600.00 $ 96.00 $ 710,016.00 $ 95.00 $ 702,620.00 $ 113.00 $ 835,748.00 20a Construct 4" Thick Conventional AC Overlay (C2-PG 64-10) TON 666 $ 100.00 $ 66,600.00 $ 99.00 $ 65,934.00 $ 95.00 $ 63,270.00 $ 122.00 $ 81,252.00 21a Construct Tapered 2 3/8”-4” Thick Conventional AC TON 762 $ 100.00 $ 76,200.00 $ 99.00 $ 75,438.00 $ 95.00 $ 72,390.00 $ 154.00 $ 117,348.00 22a Provide and Place Paving Fabric SF 44,147 $ 1.00 $ 44,147.00 $ 0.38 $ 16,775.86 $ 3.00 $ 132,441.00 $ 0.45 $ 19,866.15 23a Adjust Existing Storm Drain/ Sewer/Utility

EA 21 $ 750.00 $ 15,750.00 $ 800.00 $ 16,800.00 $ 1,200.00 $ 25,200.00 $ 1,195.00 $ 25,095.00 24a Furnish and Install New Metal Hand Railing for Curb Ramp EA 3 $ 1,500.00 $ 4,500.00 $ 5,000.00 $ 15,000.00 $ 6,500.00 $ 19,500.00 $ 1,500.00 $ 4,500.00 25a Adjust Existing Traffic Signal Pull Box and Cover to Finished EA 2 $ 450.00 $ 900.00 $ 1,500.00 $ 3,000.00 $ 1,500.00 $ 3,000.00 $ 1,500.00 $ 3,000.00 26a Furnish and Install Traffic Signal Loop Detectors, Type E EA 118 $ 300.00 $ 35,400.00 $ 325.00 $ 38,350.00 $ 350.00 $ 41,300.00 $ 375.00 $ 44,250.00 27a Replace and Relocate Traffic Signal Pull Box EA 3 $ 3,500.00 $ 10,500.00 $ 4,000.00 $ 12,000.00 $ 10,000.00 $ 30,000.00 $ 4,000.00 $ 12,000.00 28a Install Traffic Striping, Markings, Curb Painting, and Signs LS 1 $ 42,000.00 $ 42,000.00 $ 134,000.00 $ 134,000.00 $ 150,000.00 $ 150,000.00 $ 132,793.00 $ 132,793.00 29a Provide Construction Survey, Re-establish Survey

LS 1 $ 21,000.00 $ 21,000.00 $ 36,000.00 $ 36,000.00 $ 40,000.00 $ 40,000.00 $ 35,880.00 $ 35,880.00 30a Install Public Improvement Project Signs EA 6 $ 850.00 $ 5,100.00 $ 900.00 $ 5,400.00 $ 2,000.00 $ 12,000.00 $ 3,963.00 $ 23,778.00 31a Provide Erosion Control and BMPs LS 1 $ 5,000.00 $ 5,000.00 $ 38,000.00 $ 38,000.00 $ 20,000.00 $ 20,000.00 $ 35,937.00 $ 35,937.00 32a Remove Existing Fire Hydrant Assembly and Service Line and

EA 11 $ 11,000.00 $ 121,000.00 $ 22,000.00 $ 242,000.00 $ 27,500.00 $ 302,500.00 $ 34,345.00 $ 377,795.00 33a Remove Existing Water Meter Box and Service Line and

EA 92 $ 1,800.00 $ 165,600.00 $ 6,000.00 $ 552,000.00 $ 6,700.00 $ 616,400.00 $ 6,557.00 $ 603,244.00 35a Furnish and Replace Existing 4” Service Line with 4” New

EA 1 $ 3,500.00 $ 3,500.00 $ 23,000.00 $ 23,000.00 $ 20,000.00 $ 20,000.00 $ 27,000.00 $ 27,000.00 37a Remove Existing Valve Can and Cover EA 65 $ 1,000.00 $ 65,000.00 $ 200.00 $ 13,000.00 $ 2,200.00 $ 143,000.00 $ 900.00 $ 58,500.00 38a Furnish & Install New 4" D.I Resilient- Wedge Valve EA 6 $ 1,500.00 $ 9,000.00 $ 6,000.00 $ 36,000.00 $ 14,000.00 $ 84,000.00 $ 15,750.00 $ 94,500.00 39a Furnish & Install New 6" D.I Resilient- Wedge Valve EA 26 $ 1,800.00 $ 46,800.00 $ 6,300.00 $ 163,800.00 $ 12,000.00 $ 312,000.00 $ 16,420.00 $ 426,920.00 40a Furnish & Install New 8" D.I Resilient- Wedge Valve EA 12 $ 1,800.00 $ 21,600.00 $ 8,000.00 $ 96,000.00 $ 14,000.00 $ 168,000.00 $ 20,200.00 $ 242,400.00 41a Furnish & Install New 10" D.I Resilient- Wedge Valve EA 1 $ 1,800.00 $ 1,800.00 $ 9,600.00 $ 9,600.00 $ 19,000.00 $ 19,000.00 $ 22,200.00 $ 22,200.00 42a Furnish & Install New 12" D.I Resilient=Wedge Valve EA 22 $ 2,000.00 $ 44,000.00 $ 9,000.00 $ 198,000.00 $ 17,000.00 $ 374,000.00 $ 22,100.00 $ 486,200.00 43a Furnish & Install New 16" D.I Resilient=Wedge Valve EA 3 $ 2,500.00 $ 7,500.00 $ 18,000.00 $ 54,000.00 $ 35,000.00 $ 105,000.00 $ 33,000.00 $ 99,000.00 44a Furnish and Replace Existing 4” F.S. Line

EA 3 $ 4,000.00 $ 12,000.00 $ 12,000.00 $ 36,000.00 $ 19,000.00 $ 57,000.00 $ 17,500.00 $ 52,500.00 45a Furnish and Replace Existing 3” F.S. Line and 4” GV with 4”

EA 1 $ 4,000.00 $ 4,000.00 $ 11,000.00 $ 11,000.00 $ 19,000.00 $ 19,000.00 $ 16,750.00 $ 16,750.00 46a Construct Cured-In-Place Pipe (CIPP) Lining of 8” Sewer Pipe LF 4,983 $ 105.00 $ 523,215.00 $ 36.00 $ 179,388.00 $ 45.00 $ 224,235.00 $ 41.00 $ 204,303.00 47a Remove and Construct 8” VCP Sewer Main (Open Trench) LF 371 $ 1,850.00 $ 686,350.00 $ 520.00 $ 192,920.00 $ 500.00 $ 185,500.00 $ 1,000.00 $ 371,000.00 48a Remove and Construct Sewer lateral and Connect to Main EA 13 $ 10,000.00 $ 130,000.00 $ 22,000.00 $ 286,000.00 $ 8,000.00 $ 104,000.00 $ 32,000.00 $ 416,000.00 49a Provide Soil and Pavement Testing Services as Directed by

LS 1 $ 14,880.00 $ 14,880.00 $ 14,880.00 $ 14,880.00 $ 14,880.00 $ 14,880.00 $ 14,880.00 $ 14,880.00 $ 3,598,493.43 $ 4,311,234.21 $ 5,550,000.00 $ 6,090,207.42 1b Mobilization/ Demobilization (Not to exceed 3% of total of all

LS 1 $ 16,000.00 $ 16,000.00 $ 8,000.00 $ 8,000.00 $ 20,000.00 $ 20,000.00 $ 20,600.00 $ 20,600.00 2b Provide Traffic Control LS 1 $ 24,000.00 $ 24,000.00 $ 12,000.00 $ 12,000.00 $ 79,518.80 $ 79,518.80 $ 49,300.00 $ 49,300.00 3b Sawcut and Remove Existing Concrete Sidewalk SF 307 $ 3.00 $ 921.00 $ 3.00 $ 921.00 $ 4.00 $ 1,228.00 $ 6.00 $ 1,842.00 4b Sawcut and Remove Existing Concrete Curb and Gutter LF 18 $ 22.00 $ 396.00 $ 34.00 $ 612.00 $ 40.00 $ 720.00 $ 21.00 $ 378.00 5b Sawcut and Remove Existing Concrete Driveway SF 22 $ 6.00 $ 132.00 $ 4.00 $ 88.00 $ 10.00 $ 220.00 $ 12.00 $ 264.00 6b Sawcut and Remove Existing Concrete Curb Ramp EA 2 $ 900.00 $ 1,800.00 $ 800.00 $ 1,600.00 $ 2,500.00 $ 5,000.00 $ 820.00 $ 1,640.00 7b Cold Mill Existing Asphalt Concrete (AC) Pavement (1 5/8" to 0” Depth)
SF 10,348 $ 0.30 $ 3,104.40 $ 0.22 $ 2,276.56 $ 0.25 $ 2,587.00 $ 0.50 $ 5,174.00 8b Cold Mill Existing Asphalt Concrete (AC) Pavement (2.5" Depth)
SF 3,476 $ 0.34 $ 1,181.84 $ 0.41 $ 1,425.16 $ 0.45 $ 1,564.20 $ 0.65 $ 2,259.40 9b Cold Mill Existing Asphalt Concrete (AC) Pavement (3" Depth) SF 12,450 $ 0.45 $ 5,602.50 $ 0.48 $ 5,976.00 $ 0.50 $ 6,225.00 $ 0.75 $ 9,337.50 10b Prune Root Existing Tree and Install Root Barrier EA 1 $ 900.00 $ 900.00 $ 480.00 $ 480.00 $ 700.00 $ 700.00 $ 1,500.00 $ 1,500.00 11b Construct Concrete 4” Thick Sidewalk SF 307 $ 6.00 $ 1,842.00 $ 14.00 $ 4,298.00 $ 7.00 $ 2,149.00 $ 14.00 $ 4,298.00 12b Construct Concrete Curb & Gutter LF 19 $ 65.00 $ 1,235.00 $ 68.00 $ 1,292.00 $ 60.00 $ 1,140.00 $ 78.00 $ 1,482.00 13b Construct Concrete Driveway SF 22 $ 10.00 $ 220.00 $ 26.00 $ 572.00 $ 15.00 $ 330.00 $ 28.00 $ 616.00 14b Construct Concrete Curb Ramp EA 2 $ 3,000.00 $ 6,000.00 $ 4,500.00 $ 9,000.00 $ 4,000.00 $ 8,000.00 $ 4,800.00 $ 9,600.00 15b Furnish and Install Detectable Warning Surface EA 2 $ 750.00 $ 1,500.00 $ 900.00 $ 1,800.00 $ 2,000.00 $ 4,000.00 $ 1,300.00 $ 2,600.00 16b Provide and Place Crushed Miscellaneous Base (CMB) TON 2 $ 65.00 $ 130.00 $ 200.00 $ 400.00 $ 150.00 $ 300.00 $ 217.00 $ 434.00 17b Construct 1" Thick Leveling Course TON 75 $ 90.00 $ 6,750.00 $ 112.00 $ 8,400.00 $ 120.00 $ 9,000.00 $ 123.00 $ 9,225.00 18b Construct 1.5" Thick Conventional AC Overlay (C2-PG 64-10) TON 32 $ 100.00 $ 3,200.00 $ 96.00 $ 3,072.00 $ 95.00 $ 3,040.00 $ 119.00 $ 3,808.00 19b Construct 2" Thick Conventional AC Overlay (C2-PG 64-10) TON 582 $ 100.00 $ 58,200.00 $ 96.00 $ 55,872.00 $ 95.00 $ 55,290.00 $ 115.00 $ 66,930.00 20b Construct 4" Thick Conventional AC Overlay (C2-PG 64-10) TON 52 $ 100.00 $ 5,200.00 $ 99.00 $ 5,148.00 $ 95.00 $ 4,940.00 $ 0.43 $ 22.36 21b Construct Tapered 2 3/8”-4” Thick Conventional AC TON 60 $ 100.00 $ 6,000.00 $ 99.00 $ 5,940.00 $ 95.00 $ 5,700.00 $ 134.00 $ 8,040.00 22b Provide and Place Paving Fabric SF 3,476 $ 1.00 $ 3,476.00 $ 0.38 $ 1,320.88 $ 3.00 $ 10,428.00 $ 0.43 $ 1,494.68 23b Adjust Existing Storm Drain/ Sewer/Utility Manhole Frames and Covers to Finished Grade EA 6 $ 750.00 $ 4,500.00 $ 800.00 $ 4,800.00 $ 1,200.00 $ 7,200.00 $ 1,195.00 $ 7,170.00 26b Furnish and Install Traffic Signal Loop Detectors, Type E EA 14 $ 300.00 $ 4,200.00 $ 325.00 $ 4,550.00 $ 350.00 $ 4,900.00 $ 375.00 $ 5,250.00 28b Install Traffic Striping, Markings, Curb Painting, and Signs LS 1 $ 8,000.00 $ 8,000.00 $ 9,000.00 $ 9,000.00 $ 20,000.00 $ 20,000.00 $ 8,500.00 $ 8,500.00 29b Provide Construction Survey, Re-establish Survey
Monuments and Centerline Ties
LS 1 $ 4,000.00 $ 4,000.00 $ 13,000.00 $ 13,000.00 $ 10,000.00 $ 10,000.00 $ 12,500.00 $ 12,500.00 30b Install Public Improvement Project Signs EA 2 $ 850.00 $ 1,700.00 $ 900.00 $ 1,800.00 $ 2,000.00 $ 4,000.00 $ 4,000.00 $ 8,000.00 31b Provide Erosion Control and BMPs LS 1 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 32b Remove Existing Fire Hydrant Assembly and Service Line and Construct New Fire
Hydrant Assembly and Service Line
EA 2
$ 11,000.00 $ 22,000.00 $ 23,000.00 $ 46,000.00 $ 27,500.00 $ 55,000.00 $ 45,300.00 $ 90,600.00 33b
Remove Existing Water Meter Box and Service Line and
Construct New 1" Water Service Line, Install New Meter and Meter
Box
EA 22
$ 1,800.00 $ 39,600.00 $ 6,400.00 $ 140,800.00 $ 6,700.00 $ 147,400.00 $ 5,800.00 $ 127,600.00 37b Remove Existing Valve Can and Cover EA 9 $ 1,000.00 $ 9,000.00 $ 200.00 $ 1,800.00 $ 2,200.00 $ 19,800.00 $ 900.00 $ 8,100.00 39b Furnish & Install New 6" D.I Resilient Wedge Valve EA 3 $ 1,800.00 $ 5,400.00 $ 6,300.00 $ 18,900.00 $ 12,000.00 $ 36,000.00 $ 20,000.00 $ 60,000.00 40b Furnish & Install New 8" D.I Resilient Wedge Valve EA 1 $ 1,800.00 $ 1,800.00 $ 8,000.00 $ 8,000.00 $ 14,000.00 $ 14,000.00 $ 20,150.00 $ 20,150.00 42b Furnish & Install New 12" D.I Resilient Wedge Valve EA 5 $ 2,000.00 $ 10,000.00 $ 8,600.00 $ 43,000.00 $ 17,000.00 $ 85,000.00 $ 19,650.00 $ 98,250.00 46b Construct Cured-In-Place Pipe (CIPP) Lining of 8” Sewer Pipe LF 900 $ 105.00 $ 94,500.00 $ 42.00 $ 37,800.00 $ 45.00 $ 40,500.00 $ 35.00 $ 31,500.00 49b Provide Soil and Pavement Testing Services as Directed by the Engineer - Allowance LS 1 $ 5,120.00 $ 5,120.00 $ 5,120.00 $ 5,120.00 $ 5,120.00 $ 5,120.00 $ 5,120.00 $ 5,120.00 $ 358,610.74 $ 467,063.60 $ 700,000.00 $ 701,906.58
Total $ 3,957,104.17 $ 4,778,297.81 $ 6,250,000.00 $ 6,792,114.00 Excel Paving
City of Huntington Park
CIP 2021-01 SB1 CDBG Street Reconstruction Project FY 21/22 March 24, 2022
Base Bid Engineer's Estimate Hardy & Harper Sully-Miller Attachment 1

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report

April 5, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:

CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO.

ATPL-5150(015)
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Award the contract to Elecnor Belco Electric, Inc. for the construction of CIP 2017- 03 Active Transportation Program Cycle III Project No. ATPL-5150(015) as the lowest responsive, responsible bidder for a not-to-exceed amount of $895,981 payable from Account No. 202-8080-431.76-20;

2. Approve a construction contingency of $44,835 payable from Account No. 202- 8080-431.76-20; and

3. Authorize the City Manager to execute all change orders in good faith and the construction contract agreement.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On February 1, 2022, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for CIP 2017-03 ATP Cycle III Project No. ATPL-5150(015) (Project). The project is phase 2 of the pedestrian safety enhancements at uncontrolled crosswalks at several locations. The project looks to install Rectangular Rapid Flashing Beacons (RRFB) with LED lights, updated signage and pavement markings at uncontrolled crosswalks and will mitigate hazardous conditions while improving pedestrian safety. The project focuses on locations that have existing uncontrolled crosswalks near schools along Pacific Boulevard, Miles Avenue, State Street, Gage Avenue, Alameda Street, Saturn Avenue, Zoe Avenue and Salt Lake Avenue.

The NIB was published on February 4, 2022, in a newspaper of general circulation. The plans and specifications were also accessed and redistributed by several electronic media outlets that post the bid package on e-bid boards. A bid opening was held on March

CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO.

ATPL-5150(015)
April 5, 2022

16, 2022 where the City Clerk opened and read six (6) bids. The following is the ranking of bids commencing from the lowest responsive, responsible bid:

Bidder (lowest bid first) Total Bid
Elecnor Belco Electric, Inc. $895,981.00
PTM General Engineering Services, Inc. $935,035.00
Comet Electric $943,087.60
Crosstown Electrical & Data, Inc. $961,889.00
California Professional Engineering, Inc. $1,022,503.32 Access Pacific $1,238,307.20
Elecnor Belco Electric, Inc. was the apparent low bidder. The bid analysis was conducted to ensure that the lowest responsive, responsible bid met all state and local requirements.

Based on the investigation, staff’s recommendation is to award Elecnor Belco Electric, Inc. the contract agreement (Attachment 1) for a not-to-exceed amount of $895,981. The remaining bid proposal is available in the City Clerk’s Office for review and the itemized bid results for comparative analysis is included as Attachment 2.

LEGAL REQUIREMENT
The City has adhered to Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud, and corruption in the awarding of public contracts. The construction contract agreement conforms with all applicable State, local and public contracting codes and consents to the proper execution by the City Manager. The City Clerk’s Office will release the bid bonds for all construction firms that were not selected after approval from the City Council.

FISCAL IMPACT/FINANCING
Staff recommends awarding the contract to Elecnor Belco Electric, Inc. for the construction of CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL5150(015) as the lowest responsive, responsible bidder for a not-to-exceed amount of $895,981 payable from Account No. 202-8080-431.76-20. Staff recommends the addition of a not-to-exceed construction contingency of $44,835 payable from Account No. 202- 8080-431.76-20. Request authority to be granted to the City Manager to approve any and all negotiated construction change orders in good faith.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO.

ATPL-5150(015)
April 5, 2022

RICARDO REYES
City Manager

CESAR ROLDAN
Director of Public Works

ATTACHMENT(S)

1. Elecnor Belco Electric, Inc. Agreement

2. Bid Results

CONTRACTOR SERVICES AGREEMENT
CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO. ATPL-5150(015) THIS CONTRACTOR SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day of April 2022 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) and Elecnor Belco Electric, Inc. (hereinafter, “CONTRACTOR”). For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

I. ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”).

CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2 TERM: This Agreement shall commence on April 5, 2022 to December 31, 2022. It is the CONTRACTOR’S responsibility to request an extension at least (2) days in advance of the expiration of term of the Agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Services Exhibit “A”.

B. Section 1.3(A) notwithstanding, CONTRACTOR’S total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $895,981 (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR’S charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR’S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITYapproved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR’S monthly compensation is a function of hours worked by CONTRACTOR’S personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed.

Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.

CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

1.5 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.

1.6 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’S cessation or abandonment.

II. PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the City Manager and Director of Public Works (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative.

The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONTRACTOR REPRESENTATIVE AND CONTACT INFORMATION:

CONTRACTOR hereby designates or designee to act as its representative for the performance of this Agreement (hereinafter, “CONTRACTOR Representative”).

CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONTRACTOR agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:

A. CONTRACTOR shall perform all Work skillfully, competently and to the highest standards of CONTRACTOR’S profession;
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.); D. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONTRACTOR’S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR’S employees and agents (including but not limited SUBCONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR’S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’S acceptance of any work performed by CONTRACTOR or on CONTRACTOR’S behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR’S profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR’S duties or obligations under this Agreement without the prior written consent of CITY. In the absence of CITY’S prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR’S strict supervision. CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee. CONTRACTOR reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONTRACTOR’S competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR’S exclusive direction and control.

CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR’S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR’S officers, employees, agents, or SUBCONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONTRACTOR shall keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONTRACTOR’S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUBCONTRACTOR. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONTRACTOR or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.

III. INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONTRACTOR dual liability.

B. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance / Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agreement.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A: VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONTRACTOR’S INSURANCE: All policies of insurance provided by CONTRACTOR shall be primary to any coverage available to CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONTRACTOR’S insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUBCONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY’S ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’S financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONTRACTOR warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR’S commencement of any work or any of the Work.

Upon CITY’S written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV. INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR’S commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’S performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement.

4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR’S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR’S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR’S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’S choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V. TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day’s prior written notice of CITY’S intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination.

CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’S written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’S ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONTRACTOR shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’S issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’S employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’S employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within fourteen (14) calendar days of CITY’S issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR’S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR’S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR’S and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR’S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’S discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR’S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45- day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’S failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’S Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’S performance under this Agreement pending CONTRACTOR’S cure of any Event of Default by giving CONTRACTOR written notice of CITY’S intent to suspend CONTRACTOR’S performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’S ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
iii. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’S exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONTRACTOR’S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI. MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONTRACTOR in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.

CONTRACTOR shall require all SUB-CONTRACTORS working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any CONTRACTOR as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.

CONTRACTOR shall not use CITY’S name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., section 3789 et seq. and the California False Claims Act, Government Code section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONTRACTOR: CITY:

Elecnor Belco Electric, Inc. City of Huntington Park
14320 Albers Way 6550 Miles Avenue
Chino, CA 91710 Huntington Park, CA 90255
Alberto John Wong, Vice President Attn: Ricardo Reyes, City Manager Phone: 909-993-5470 Phone: (323) 582-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONTRACTOR shall not SUB-CONTRACTOR any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with Sub-CONTRACTOR’S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.

6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart(s) shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONTRACTOR and the remaining two original counterparts shall be retained by CITY.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF HUNTINGTON PARK: ELECNOR BELCO ELECTRIC, INC.:

By: Ricardo Reyes By: John Wong
City Manager Vice President
Date: Date:

APPROVED AS TO FORM:

By: City Attorney
Date:

EXHIBIT “A”

SCOPE OF WORK
ELECNOR BELCO ELECTRIC, INC.

ITEM ITEM DESCRIPTION UNIT QUANTIT

Y UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL 1 Mobilization/Demobilization (Not to exceed 3% of total of all

LS 1 $ 25,112.00 $ 25,112.00 $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 27,301.00 $ 27,301.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 -$ -$ 2 Provide Traffic Control LS 1 $ 50,000.00 $ 50,000.00 $ 30,000.00 $ 30,000.00 $ 33,160.85 $ 33,160.85 $ 22,340.00 $ 22,340.00 $ 10,000.00 $ 10,000.00 $ 29,000.00 $ 29,000.00 -$ -$ 3 Sawcut and Remove Existing Concrete Sidewalk SF 1253 $ 6.00 $ 7,516.00 $ 5.00 $ 6,265.00 $ 3.45 $ 4,322.85 $ 5.00 $ 6,265.00 $ 7.00 $ 8,771.00 $ 5.80 $ 7,267.40 $ 5.20 $ 6,515.60 4 Sawcut and Remove Existing Concrete Curb and/or Curb & LF 278 $ 23.00 $ 6,400.00 $ 23.00 $ 6,394.00 $ 17.25 $ 4,795.50 $ 13.00 $ 3,614.00 $ 19.00 $ 5,282.00 $ 83.50 $ 23,213.00 $ 13.00 $ 3,614.00 5 Sawcut and Remove Existing AC Sidewalk SF 274 $ 6.00 $ 1,644.00 $ 6.00 $ 1,644.00 $ 4.60 $ 1,260.40 $ 10.50 $ 2,877.00 $ 9.00 $ 2,466.00 $ 7.00 $ 1,918.00 $ 3.90 $ 1,068.60 6 Sawcut and Remove Existing Concrete Curb Ramp EA 12 $ 1,000.00 $ 12,000.00 $ 1,935.00 $ 23,220.00 $ 2,900.00 $ 34,800.00 $ 1,760.00 $ 21,120.00 $ 2,525.00 $ 30,300.00 $ 3,480.00 $ 41,760.00 $ 1,235.00 $ 14,820.00 7 Sawcut and Remove Existing AC Pavement, Base, and CY 8 $ 150.00 $ 1,200.00 $ 171.00 $ 1,368.00 $ 350.00 $ 2,800.00 $ 466.00 $ 3,728.00 $ 640.00 $ 5,120.00 $ 870.00 $ 6,960.00 $ 260.00 $ 2,080.00 8 Unclassified Excavation CY 4 $ 80.00 $ 320.00 $ 228.00 $ 912.00 $ 328.00 $ 1,312.00 $ 433.00 $ 1,732.00 $ 560.00 $ 2,240.00 $ 870.00 $ 3,480.00 $ 260.00 $ 1,040.00 9 Remove Existing Tree EA 1 $ 1,900.00 $ 1,900.00 $ 4,552.00 $ 4,552.00 $ 3,450.00 $ 3,450.00 $ 2,119.00 $ 2,119.00 $ 2,800.00 $ 2,800.00 $ 4,060.00 $ 4,060.00 $ 1,950.00 $ 1,950.00 10 Remove Existing Pavers SF 25 $ 6.00 $ 150.00 $ 46.00 $ 1,150.00 $ 98.00 $ 2,450.00 $ 25.50 $ 637.50 $ 17.00 $ 425.00 $ 17.40 $ 435.00 $ 5.20 $ 130.00 11 Construct 4"-Thick Concrete Sidewalk SF 664 $ 11.00 $ 7,300.00 $ 7.00 $ 4,648.00 $ 12.10 $ 8,034.40 $ 9.60 $ 6,374.40 $ 14.00 $ 9,296.00 $ 12.75 $ 8,466.00 $ 11.70 $ 7,768.80 12 Construct Concrete Curb & Gutter LF 65 $ 35.00 $ 2,267.00 $ 52.00 $ 3,380.00 $ 75.00 $ 4,875.00 $ 39.50 $ 2,567.50 $ 53.00 $ 3,445.00 $ 136.00 $ 8,840.00 $ 58.50 $ 3,802.50 13 Construct Concrete Curb Only LF 84 $ 27.00 $ 2,268.00 $ 46.00 $ 3,864.00 $ 69.00 $ 5,796.00 $ 22.00 $ 1,848.00 $ 28.00 $ 2,352.00 $ 93.00 $ 7,812.00 $ 45.50 $ 3,822.00 14 Remove Existing Gate/Fence LF 7 $ 50.00 $ 350.00 $ 177.00 $ 1,239.00 $ 230.00 $ 1,610.00 $ 25.60 $ 179.20 $ 250.00 $ 1,750.00 $ 116.00 $ 812.00 $ 65.00 $ 455.00 15 Construct Concrete Curb Ramp EA 17 $ 4,500.00 $ 76,500.00 $ 4,325.00 $ 73,525.00 $ 6,325.00 $ 107,525.00 $ 6,194.00 $ 105,298.00 $ 8,940.00 $ 151,980.00 $ 8,120.00 $ 138,040.00 $ 5,200.00 $ 88,400.00 16 Furnish and Install 4' x 3' Yellow Detectable Warning Surface EA 6 $ 550.00 $ 3,300.00 $ 1,138.00 $ 6,828.00 $ 690.00 $ 4,140.00 $ 590.00 $ 3,540.00 $ 810.00 $ 4,860.00 $ 1,160.00 $ 6,960.00 $ 780.00 $ 4,680.00 17 Remove Existing Fire Hydrant Assembly and Service Line and

EA 2 $ 12,000.00 $ 24,000.00 $ 20,938.00 $ 41,876.00 $ 25,900.00 $ 51,800.00 $ 20,170.00 $ 40,340.00 $ 48,000.00 $ 96,000.00 $ 21,344.00 $ 42,688.00 $ 19,500.00 $ 39,000.00 18 Remove Existing Street Light, Footing, Foundation, Pull Boxes,

EA 5 $ 4,500.00 $ 22,500.00 $ 3,073.00 $ 15,365.00 $ 6,000.00 $ 30,000.00 $ 3,088.00 $ 15,440.00 $ 1,450.00 $ 7,250.00 $ 1,000.00 $ 5,000.00 $ 1,244.10 $ 6,220.50 19 Furnish and Install Type 15 Pole and 3-1/2 Pull Box EA 2 $ 7,500.00 $ 15,000.00 $ 3,758.00 $ 7,516.00 $ 9,000.00 $ 18,000.00 $ 12,588.00 $ 25,176.00 $ 13,050.00 $ 26,100.00 $ 9,000.00 $ 18,000.00 $ 7,800.00 $ 15,600.00 20 Install 2" PVC, SCH 40, Conduit LF 10 $ 50.00 $ 500.00 $ 50.00 $ 500.00 $ 210.00 $ 2,100.00 $ 741.00 $ 7,410.00 $ 350.00 $ 3,500.00 $ 100.00 $ 1,000.00 $ 93.60 $ 936.00 21 Furnish, Install, and Connect New Conductors for the New

LS 1 $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 $ 7,000.00 $ 7,000.00 $ 7,336.00 $ 7,336.00 $ 6,725.00 $ 6,725.00 $ 3,500.00 $ 3,500.00 $ 4,526.60 $ 4,526.60 22 Furnish and Install New 6" D.I. Resilient-Wedge Gate Valve EA 2 $ 1,900.00 $ 3,800.00 $ 10,583.00 $ 21,166.00 $ 10,400.00 $ 20,800.00 $ 6,593.00 $ 13,186.00 $ 5,050.00 $ 10,100.00 $ 10,788.00 $ 21,576.00 $ 3,250.00 $ 6,500.00 23 Furnish and Install Pedestrian Barricade EA 2 $ 350.00 $ 700.00 $ 1,800.00 $ 3,600.00 $ 1,150.00 $ 2,300.00 $ 467.00 $ 934.00 $ 3,275.00 $ 6,550.00 $ 1,200.00 $ 2,400.00 $ 325.00 $ 650.00 24 Install Marathon II SOD SF 244 $ 20.00 $ 4,872.00 $ 15.00 $ 3,660.00 $ 23.00 $ 5,612.00 $ 44.00 $ 10,736.00 $ 16.00 $ 3,904.00 $ 10.00 $ 2,440.00 $ 13.00 $ 3,172.00 25 Provide and Place Crushed Miscellaneous Base (CMB) TON 33 $ 65.00 $ 2,145.00 $ 18.00 $ 594.00 $ 161.00 $ 5,313.00 $ 116.00 $ 3,828.00 $ 160.00 $ 5,280.00 $ 208.00 $ 6,864.00 $ 65.00 $ 2,145.00 26 Installation of Flashing Beacon System for the Intersection of

LS 1 $ 54,650.00 $ 54,650.00 $ 54,000.00 $ 54,000.00 $ 46,000.00 $ 46,000.00 $ 46,118.00 $ 46,118.00 $ 40,855.00 $ 40,855.00 $ 54,418.00 $ 54,418.00 $ 50,700.00 $ 50,700.00 27 Installation of Flashing Beacon System for the Midblock

LS 1 $ 67,350.00 $ 67,350.00 $ 57,000.00 $ 57,000.00 $ 49,000.00 $ 49,000.00 $ 52,017.00 $ 52,017.00 $ 45,935.00 $ 45,935.00 $ 57,793.00 $ 57,793.00 $ 55,139.50 $ 55,139.50 28 Installation of Flashing Beacon System for the Intersection of

LS 1 $ 55,550.00 $ 55,550.00 $ 54,000.00 $ 54,000.00 $ 47,000.00 $ 47,000.00 $ 49,362.00 $ 49,362.00 $ 42,670.00 $ 42,670.00 $ 55,266.00 $ 55,266.00 $ 55,684.20 $ 55,684.20 29 Installation of Flashing Beacon System for the Intersection of

LS 1 $ 54,650.00 $ 54,650.00 $ 54,000.00 $ 54,000.00 $ 46,000.00 $ 46,000.00 $ 46,118.00 $ 46,118.00 $ 42,670.00 $ 42,670.00 $ 54,418.00 $ 54,418.00 $ 50,960.00 $ 50,960.00 30 Installation of Flashing Beacon System for the Intersection of

LS 1 $ 49,000.00 $ 49,000.00 $ 54,000.00 $ 54,000.00 $ 43,000.00 $ 43,000.00 $ 43,148.00 $ 43,148.00 $ 37,855.00 $ 37,855.00 $ 50,918.00 $ 50,918.00 $ 47,431.80 $ 47,431.80 31 Installation of Flashing Beacon System for the Intersection of

LS 1 $ 54,650.00 $ 54,650.00 $ 54,000.00 $ 54,000.00 $ 46,000.00 $ 46,000.00 $ 46,118.00 $ 46,118.00 $ 42,750.00 $ 42,750.00 $ 54,418.00 $ 54,418.00 $ 50,830.00 $ 50,830.00 32 Installation of Flashing Beacon System for the Midblock Salt

LS 1 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 25,000.00 $ 22,500.00 $ 22,500.00 $ 20,745.00 $ 20,745.00 $ 18,345.00 $ 18,345.00 $ 16,277.00 $ 16,277.00 $ 25,610.00 $ 25,610.00 33 Installation of Flashing Beacon System for the Midblock Salt

LS 1 $ 21,500.00 $ 21,500.00 $ 25,000.00 $ 25,000.00 $ 22,500.00 $ 22,500.00 $ 20,745.00 $ 20,745.00 $ 20,685.00 $ 20,685.00 $ 16,277.00 $ 16,277.00 $ 26,195.00 $ 25,610.00 34 Installation of Flashing Beacon System for the Intersection of

LS 1 $ 27,000.00 $ 27,000.00 $ 25,000.00 $ 25,000.00 $ 26,000.00 $ 26,000.00 $ 25,232.00 $ 25,232.00 $ 20,050.00 $ 20,050.00 $ 24,410.00 $ 24,410.00 $ 26,455.00 $ 26,455.00 35 Remove Existing Post and Sign(s) EA 20 $ 250.00 $ 5,000.00 $ 23.00 $ 460.00 $ 144.00 $ 2,880.00 $ 33.00 $ 660.00 $ 25.00 $ 500.00 $ 23.20 $ 464.00 $ 26.00 $ 520.00 36 Remove Existing Sign EA 4 $ 100.00 $ 400.00 $ 6.00 $ 24.00 $ 115.00 $ 460.00 $ 51.00 $ 204.00 $ 6.00 $ 24.00 $ 5.80 $ 23.20 $ 6.50 $ 26.00 37 Remove Existing Sign and Place New Sign on Street Light Pole EA 4 $ 150.00 $ 600.00 $ 137.00 $ 548.00 $ 713.00 $ 2,852.00 $ 192.00 $ 768.00 $ 135.00 $ 540.00 $ 139.20 $ 556.80 $ 156.00 $ 624.00 38 Relocate Existing Street Name Signs on New Post EA 1 $ 100.00 $ 100.00 $ 46.00 $ 46.00 $ 288.00 $ 288.00 $ 228.00 $ 228.00 $ 45.00 $ 45.00 $ 46.40 $ 46.40 $ 52.00 $ 52.00 39 Furnish and Install New Post and Sign(s) EA 31 $ 450.00 $ 13,950.00 $ 325.00 $ 10,075.00 $ 288.00 $ 8,928.00 $ 355.00 $ 11,005.00 $ 320.00 $ 9,920.00 $ 330.60 $ 10,248.60 $ 370.50 $ 11,485.50 40 Furnish and Place New Sign on Street Light Pole EA 1 $ 125.00 $ 125.00 $ 217.00 $ 217.00 $ 288.00 $ 288.00 $ 5,676.00 $ 5,676.00 $ 215.00 $ 215.00 $ 220.40 $ 220.40 $ 247.00 $ 247.00 41 Furnish and Install Solar Powered LED Stop Sign, R1-1, with EA 4 $ 3,800.00 $ 15,200.00 $ 2,298.00 $ 9,192.00 $ 5,000.00 $ 20,000.00 $ 6,956.00 $ 27,824.00 $ 2,675.00 $ 10,700.00 $ 2,342.04 $ 9,368.16 $ 2,624.70 $ 10,498.80 42 Furnish and Install Double Sided 36" x 36" LED Blinking

LS 1 $ 8,000.00 $ 8,000.00 $ 6,433.00 $ 6,433.00 $ 5,800.00 $ 5,800.00 $ 12,937.00 $ 12,937.00 $ 4,284.00 $ 4,284.00 $ 5,000.00 $ 5,000.00 $ 19,240.00 $ 19,240.00 43 Furnish and Install White Concrete Parking Bumper EA 9 $ 400.00 $ 3,600.00 $ 86.00 $ 774.00 $ 288.00 $ 2,592.00 $ 112.00 $ 1,008.00 $ 85.00 $ 765.00 $ 87.00 $ 783.00 $ 97.50 $ 877.50 44 Furnish and Install Flexible Sign Post EA 6 $ 900.00 $ 5,400.00 $ 325.00 $ 1,950.00 $ 920.00 $ 5,520.00 $ 379.00 $ 2,274.00 $ 320.00 $ 1,920.00 $ 330.60 $ 1,983.60 $ 370.50 $ 2,223.00 45 Install Traffic Striping, Markings, and Curb Painting LS 1 $ 100,000.00 $ 100,000.00 $ 154,996.00 $ 154,996.00 $ 117,100.00 $ 117,100.00 $ 166,934.00 $ 166,934.00 $ 152,800.00 $ 152,800.00 $ 158,004.86 $ 158,004.86 $ 177,074.30 $ 177,074.30 46 Provide Construction Survey, Re-establish Survey Monuments

LS 1 $ 18,000.00 $ 18,000.00 $ 9,000.00 $ 9,000.00 $ 9,800.00 $ 9,800.00 $ 9,182.00 $ 9,182.00 $ 19,000.00 $ 19,000.00 $ 29,555.00 $ 29,555.00 $ 6,500.00 $ 6,500.00 47 Furnish and Install New Gate and Fence LF 21 $ 150.00 $ 3,150.00 $ 500.00 $ 10,500.00 $ 750.00 $ 15,750.00 $ 204.00 $ 4,284.00 $ 830.00 $ 17,430.00 $ 603.00 $ 12,663.00 $ 247.00 $ 5,187.00 48 Adjust Existing Water Valve Can and Cover to Finished Grade EA 1 $ 950.00 $ 950.00 $ 2,500.00 $ 2,500.00 $ 520.00 $ 520.00 $ 2,458.00 $ 2,458.00 $ 2,235.00 $ 2,235.00 $ 2,900.00 $ 2,900.00 $ 1,950.00 $ 1,950.00 49 Install Public Improvement Project Signs EA 4 $ 1,400.00 $ 5,600.00 $ 1,000.00 $ 4,000.00 $ 1,500.00 $ 6,000.00 $ 3,029.00 $ 12,116.00 $ 2,050.00 $ 8,200.00 $ 1,000.00 $ 4,000.00 $ 1,300.00 $ 5,200.00 $ 862,169.00 $ 895,981.00 $ 935,035.00 $ 943,087.60 $ 961,889.00 $ 1,022,503.42 $ 1,238,307.20 PTM General Engineering Comet Electric Crosstown Electrical & Data, Inc.

City of Huntington Park
CIP No. 2017-03 ATP Cycle III
March 16, 2022
Base Bid Engineer's Estimate Elecnor Belco California Professional Access Pacific Attachment 2

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report

April 5, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:

CONSIDERATION AND APPROVAL OF AWARD OF A CONSTRUCTION
MANAGEMENT PROFESSIONAL SERVICES AGREEMENT FOR CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO. ATPL-5150(015) IT IS RECOMMENDED THAT CITY COUNCIL:

1. Award the Construction Management and Inspection Professional Services Agreement to Southstar Engineering and Consulting, Inc. as part of the oversight of CIP 2017-03 ATP Cycle III Project No. ATPL-5150(015) for a not-to-exceed amount of $109,184;

2. Payable from FY 2021-22 budget of $105,000 from Account No. 222-8080-431.76- 20 and $4,184 from Account No. 202-8080-431.76-20; and

3. Authorize the City Manager to execute the professional services agreement.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
At the regularly scheduled City Council Meeting of February 15, 2022, the City Council authorized staff to solicit proposals for Construction Management and Inspection Services (CM/CI) as part of the oversight of CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) (project). The project looks to install Rectangular Rapid Flashing Beacons (RRFB) with LED lights, updated signage and pavement markings at uncontrolled crosswalks and mitigate hazardous conditions while improving pedestrian safety. The project is phase 2 of the pedestrian safety enhancements at uncontrolled

CONSIDERATION AND APPROVAL OF AWARD OF A CONSTRUCTION
MANAGEMENT PROFESSIONAL SERVICES AGREEMENT FOR CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO. ATPL-5150(015) April 5, 2022

crosswalks near schools along Pacific Boulevard, Miles Avenue, State Street, Gage Avenue, Alameda Street, Saturn Avenue, Zoe Avenue and Salt Lake Avenue.

On February 18, 2022, the City Clerk’s Office published the RFP in the local newspaper of general circulation and Public Work’ posted the RFP on the City’s website and other forms of electronic media.

The City solicited proposals from qualified firms and the date to submit proposals was March 22, 2022. The City received four (4) proposals.

1. Southstar Engineering and Consulting, Inc. $109,184

2. Interwest Consulting $ 84,175

3. Pacifica Services, Inc. $241,297

4. Infrastructure Engineers: $ 86,202
City staff has relayed that CM/CI support from an outside consultant is necessary to accomplish the construction phase of the project. This entails assuring contractor’s work conforms to the project specifications and is accomplished by inspecting the contractor’s work on a daily basis; by keeping a daily record of instructions and directions given to the contractor regarding plan and specification interpretation and any required change orders; coordinating with an independent testing lab any materials testing required by project specifications; by verifying quantities for payment on contractor’s monthly pay request; and by coordinating construction activities with residents and utility companies. Based on the above-mentioned information, it is staff’s recommendation to award the CM/CI based on demonstrating the ability to comply with the RFP to Southstar Engineering and Consulting, Inc.

LEGAL REQUIREMENT
Congress adopted the Brooks Act (P.L. 92-582), requiring the use of Qualifications-Based Selection (QBS) for the procurement of architect and engineering services. The use of QBS ensures that taxpayers receive highly technical architect and engineering services from the most experienced and most qualified firms at a fair and reasonable cost.

California’s QBS requirements can be found at Government Code sections 4525 et seq., also known as the Mini Brooks Act. City is awarding Southstar Engineering and Consulting, Inc. a professional services agreement based on demonstrating competence and qualifications for this type of service.

FISCAL IMPACT/FINANCING
Southstar Engineering and Consulting, Inc. has submitted a proposal and a fee schedule for a not-to-exceed fee of $109,184. FY 2021022 budget allocated $105,000 payable from

CONSIDERATION AND APPROVAL OF AWARD OF A CONSTRUCTION
MANAGEMENT PROFESSIONAL SERVICES AGREEMENT FOR CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO. ATPL-5150(015) April 5, 2022

Account No. 222-8080-431.76-20 and $4,184 payable from Account No. 202-8080- 431.76-20

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

CESAR ROLDAN
Director of Public Works

ATTACHMENT(S)

1. Southstar Engineering and Consulting, Inc. PSA

2. Proposals

PROFESSIONAL SERVICES AGREEMENT

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO. ATPL-5150(015) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day of April 2022 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) and Southstar Engineering and Consulting, Inc. (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I. ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”).

CONSULTANT further agrees to furnish to CITY all labor, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2 TERM: This Agreement shall commence on April 5, 2022 to December 31, 2022. It is the CONTRACTOR’S responsibility to request an extension at least (2) days in advance of the expiration of term of the Agreement (Ending December 31, 2022). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services Exhibit “A”.

B. Section 1.3(A) notwithstanding, CONTRACTOR’S compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $109,184 (hereinafter, the “Not-to-Exceed Fiscal Year Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR’S charges are projected to exceed the Not-to-Exceed Fiscal Year Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR’S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Fiscal Year Sum or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR’S monthly compensation is a function of hours worked by CONTRACTOR’S personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed.

Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.

CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.

1.6 ABANDONMENT BY CONTRACTOR: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’S cessation or abandonment.

II. PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the Director of Public Works (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE AND CONTACT INFORMATION:

CONSULTANT hereby designates Yvette Kirrin to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”).

CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONTRACTOR.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONTRACTOR’S profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONTRACTOR’S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR’S employees and agents (including but not limited SUBCONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT shall perform, at CONTRACTOR’S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR’S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’S employees, agents, and SUB-CONTRACTOR. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’S acceptance of any work performed by CONSULTANT or on CONTRACTOR’S behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR’S profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR’S duties or obligations under this Agreement without the prior written consent of CITY. In the absence of CITY’S prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall be performed by CONSULTANT or under CONTRACTOR’S strict supervision.

CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent CONSULTANT basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONTRACTOR’S competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONTRACTOR’S exclusive direction and control.

CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR’S officers, employees, agents, or SUB-CONSULTANT is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR’S officers, employees, agents, or SUBCONSULTANT fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONSULTANT shall be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONTRACTOR’S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.10. INDEPENDENT CONSULTANT STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent CONSULTANT and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONSULTANT and SUBCONTRACTOR. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONSULTANT or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III. INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONSULTANT dual liability.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance / Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A: VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONTRACTOR’S INSURANCE: All policies of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONTRACTOR’S insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT officers, employees, agents, CONSULTANT or SUBCONSULTANT from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’S ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’S financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR’S commencement of any work or any of the Work.

Upon CITY’S written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV. INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR’S commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’S performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement.

4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONTRACTOR’S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR’S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR’S, SUB-CONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’S choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V. TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar day’s prior written notice of CITY’S intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’S written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’S ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’S issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’S employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’S employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within fourteen (14) calendar days of CITY’S issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONTRACTOR’S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR’S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR’S and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR’S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’S discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONTRACTOR’S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45- day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’S failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’S Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’S performance under this Agreement pending CONTRACTOR’S cure of any Event of Default by giving CONSULTANT written notice of CITY’S intent to suspend CONTRACTOR’S performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’S ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
iii. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.

CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’S exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONTRACTOR’S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI. MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.

CONSULTANT shall require all SUB-CONTRACTORS working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any CONSULTANT as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT shall not use CITY’S name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., section 3789 et seq. and the California False Claims Act, Government Code section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONTRACTOR: CITY:

SouthStar Engineering & Consulting, Inc. City of Huntington Park 1945 Chicago Avenue, Suite C-2 Public Works Department
Riverside, CA 92507 6550 Miles Avenue
Attn: Yvette Kirrin, P.E. Huntington Park, CA 90255
Office: (951) 342-3120 Attn: Ricardo Reyes, City Manager [email protected] Phone: (323) 582-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT shall not SUB-CONSULTANT any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with Sub-CONTRACTOR’S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONSULTANT in connection with the various projects worked upon by CONTRACTOR.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart(s) shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF HUNTINGTON PARK: SOUTHSTAR ENGINEERING &
CONSULTING, INC.:

By: Ricardo Reyes By: Yvette Kirrin
City Manager President & Principal-in-Charge
Date: Date:

APPROVED AS TO FORM:

By: City Attorney
Date:

EXHIBIT “A”

SCOPE OF WORK
SOUTHSTAR ENGINEERING & CONSULTING, INC.

Construction Management and Inspection Services

FOR THE
City of Huntington Park
CIP 2017-03 ACTIVE TRANSPORTATION PROGRAM CYCLE III PROJECT NO. ATPL-5150(015) 1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
951.342.3120
southstareng.com
WORK PROPOSAL FOR: MARCH 22, 2022
Page i
Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) Table of Contents
A. Cover Letter 1
B. Consultant Background 2
B-1. Firm Profile 2
B-2. Subconsultant Profile 3
C. Qualifications and Experience of
Consultant’s Personnel 4
C-1. Relevant Work Experience and Work History 4
C-2. Organization Chart 4
C-3. Demands of the Project 5
D. Proposed Personnel 6
D-1. Southstar Resumes
Yvette Kirrin (Principal-In-Charge) 6
Sergio Topete (Project Manager/Const. Inspector) 7
Amr Abuelhassan (Resident Engineer) 9
Ramon Carlos (Labor Compliance Officer) 10
D-2. Ninyo & Moore Resumes
Gareth Saiki (Materials Project Manager) 11
Vance L. Hunter (Materials Senior Field Technician) 12
E. References 13
City of South Gate 13
City of Bellflower 14
City of Santa Fe Springs 15
E. Answers to Request for Information (RFI) No.1 16

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) A. Cover Letter
March 22, 2022
City of Huntington Park
Mr. Cesar Roldan, Director of Public Works
6550 Miles Avenue
Huntington Park, CA 90255
RE: Proposal to provide Construction Management and Inspection Services:

CIP 2017-03 ATP Cycle III Project No. ATPL-5150(015)
Dear Mr. Roldan,
Southstar Engineering & Consulting, Inc. (Southstar) greatly appreciates the opportunity to submit this proposal. The Southstar team is prepared to work under the City’s Public Works Staff to support the CIP 2017-03 ATP Cycle III Project No. ATPL-5150(015) Project.

Southstar Engineering is the team to deliver the quality, responsiveness, innovation and value that the City of Huntington Park expects, and we want to successfully deliver your project on schedule and under budget.

For the past 15+ years, Southstar has provided top-notch CIP construction management services for a variety of municipalities throughout Southern California including the cities of Santa Fe Springs, Bellflower, South Gate, Downey, Norwalk, La Mirada, San Dimas, Fontana, Ontario, Palmdale, La Quinta, Palm Desert, Palm Springs, Rialto, Corona, the County of Riverside, Murrieta and Indio.

The Southstar construction management team has extensive experience working with these agencies to deliver federally funded and/or state/locally funded public works projects. Our strong working relationship with our clients and knowledge of how to deliver CIP projects has promoted a complete commitment to success and the development of mutual goals. As Principal-In-Charge, I will be the main contact concerning this proposal, and have the authorization to commit to the contractual terms and conditions of this contract.

Under this contract, Mr. Sergio Topete will be your day-to-day contact as the Project Manager and Construction Inspector. Mr.

Topete, who lives in the vicinity, has completed inspection work for the City in the past. Sergio has field reviewed the project, taken multiple photos and fully understands the demands of the project. Sergio has an outstanding relationship in working with the local jurisdictions in the area, including City staff, as well as with the public while on-site doing inspections. He is also a bilingual in English and Spanish.

The RFP is incorporated in its entirety as part of this proposal. Southstar will adhere to the provisions described in the RFP without modification. This proposal is considered firm for one hundred and twenty (120) days after the submitted date, or receipt of the last best and final offer submitted.

I HAVE READ, UNDERSTOOD, AND AGREED TO ALL STATEMENTS IN THIS REQUEST FOR PROPOSAL AND

ACKNOWLEDGE RECEIPT OF ALL ADDENDUMS/AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS, AND ATTACHMENTS REFERENCED.

The Southstar team looks forward to continue our working relationship with the City of Huntington Park. Again, we appreciate the opportunity to submit our qualifications to you. If you have any questions, please feel free to contact me via the information in the blue sidebar above.

Sincerely,
Southstar Engineering & Consulting,
Inc.

DIR No:
100017294
EIN No:
20-5648626
Type of Business Entity:

S-Corporation/100% Employee-Owned
Year Founded:
2006
Years
in Business:
15 Number of
Employees:
25 Headquarters:
1945 Chicago Avenue, Suite C-2
Riverside, CA 92507
Phone: (951) 342-3120
Fax: (951) 342-3148
www.southstareng.com
Primary Contact:

Ms. Yvette Kirrin, PE
Principal-in-Charge
Cell: (626) 644-8058
Email: [email protected]
Engineering Trust Into
Every Project
Yvette Kirrin, PE
President & Principal-in-Charge
Southstar Engineering & Consulting, Inc.

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) Southstar Services
The City of Huntington Park can be assured of the quality and professionalism of Southstar’s staff and its extensive inhouse resources are highly regarded within the transportation construction industry. Southstar construction managers and inspectors have assisted nearly 40 public agencies in the successful delivery of projects of all sizes. Services include:
• Construction Engineering
Management • Program/Project Management
& Design • Inspection Services • Community Outreach
• Critical Path Schedule
Development
• Project Budget Development
& Tracking • Program Planning • Utility Relocation Management • Local Agency Coordination • Traffic Engineering • Local Assistance Coordination
• Resolution of Funding Issues
• Federal Funding Guidance • Claims Management/Risk
Management • Highway Bridge Program • Right-of-Way management • Labor Compliance • Aerial Photography
Southstar team members make a difference to clients and the community by continually providing superior service with the highest level of integrity. Providing client-focused services to many state and local agencies in Southern California, Southstar professionals know the critical questions to ask, and the corresponding solutions to offer. By blending innovative problem-solving skills, exceptional depth of experience, and quality supervision and inspection services, Southstar consistently completes the construction of large-scale transportation projects on time, within budget, and with no claims. The Southstar team has the ability to resolve challenges by offering their clients innovative solutions that are custom tailored to each project, and this important intersection safety upgrade project is no different.

B-1. Firm Profile
Southstar has provided professional engineering services in Southern and Central California for the past 15 years and is dedicated to the public works and transportation needs of California. Southstar is a certified Small Business Enterprise (SBE) with its primary office located in the City of Riverside. Construction Manager/Inspector Sergio Topete conveniently resides near Huntington Park. Southstar focuses on providing solutions to two primary industry needs: 1) managing the construction of bridges, rapid transit systems, freeways, and local infrastructure within and outside the Caltrans rightof-way (ROW) and 2) managing the project development of both small and large-scale infrastructure improvements.

Southstar was built upon the successes of superior construction management skills and experiences. In addition to these two areas of expertise, Southstar’s extensive professional knowledge also includes planning, sustainability, utility coordination, design, labor compliance, public outreach, inspection services for roadways, bridges, sanitary sewer, storm channels, streambeds, and other infrastructure projects.

Southstar has an exceptional reputation for delivering and managing a wide variety of projects throughout Southern California. The Southstar Team has the ability and expertise to resolve challenges by offering our clients innovative solutions that are custom tailored to each specific project. Southstar’s Core Values – Quality, Value, Innovation, Responsiveness and Trust – drive each valued Team member to deliver high quality services that clients can trust. Our Diversity, Equity & Inclusiveness approach to hiring the best possible staff helps us create an organization that delivers high quality results coupled with community based values. With dedicated customer service, Southstar delivers projects of any discipline on time and under budget.

B. Consultant Background
Pouring concrete for sidewalks and ADA ramps. Island to install RRFB and reduce speed. Resurfacing street with asphalt.

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) B. Consultant Background
B-2. Meet Our Subconsultants
The Southstar team is rounded out with a top-level subconsultant firm to provide materials testing services. We understand how important this project is to the City of Huntington Park, and we have chosen an experienced and wellqualified firm to join our team. Their firm profile is listed below:

Subconsultant Profile
Ninyo & Moore
Ninyo & Moore’s staff of professionals includes experienced registered geotechnical engineers and engineering geologists, and certified technicians and field inspectors. They provide these services throughout the southwestern United States, including roads, highways, bridges, tunnels, railroads, commercial and municipal structures, educational, and other public and private works. Ninyo & Moore offers fully equipped, well-staffed, state-of-the-art laboratory facilities performing a range of laboratory testing services under the supervision of a registered civil engineer. Their laboratories are capable of performing a wide variety of soil, concrete, asphalt, and steel testing. Laboratory testing equipment is calibrated annually by representatives utilizing equipment traceable to the National Institute of Standards and Technology, and is regularly inspected by the Cement and Concrete Reference Laboratory (CCRL). Ninyo & Moore’s testing laboratories have been inspected and/ or accredited by AASHTO, AMRL, ASTM, Caltrans, California Division of the State Architect, City of Los Angeles, and the City of San Diego.

ROLE FOR THIS PROPOSAL
Materials Testing Services

EXPERIENCE IN SAME ROLE
San Pablo Ave. Streetscape Phase I
Palm Desert, CA
Monterey Avenue Street Widening Project
Rancho Mirage, CA
Palm Desert High School,
Palm Desert, CA
Ninyo & Moore Technician does compaction test on base. Ninyo & Moore Technician does compaction test on asphalt.

Ninyo & Moore Technician take samples for testing concrete.

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) C. Qualifications and Experience of Consultant’s Personnel C-2. Organization Chart
Southstar is a 100% employee-owned corporation and, as such, our employees are the foundation of our company and we encourage a hands-on approach from all team members. On any given project, all of the individuals on our team bring their own experiences, perspectives, ideas, and unique points-of-view developed by their specific career path. We are confident that all tasks will be addressed, and questions can be solved, by this highly experienced and innovative team.

Below is the organizational chart illustrating the proposed structure: Please refer to the organizational chart below and the corresponding firm description for our subconsultant.

YEAR FOUNDED
1986

ROLE FOR THIS

PROPOSAL
Materials Testing Services
OFFICE
Irvine, CA

YEAR FOUNDED
2006

ROLE FOR THIS

PROPOSAL
Construction Management
and Inspection Services
OFFICE
Riverside, CA
C-1. Relevant Work Experience & Work History
Southstar is proud to showcase our depth of experience in delivering a wide range of municipal projects. The below table summarizes Southstar’s experience on similar types of projects.

SOUTHSTAR PROJECT EXPERIENCE
Garfield Ave & Imperial Highway Street Improvements, Firestone Blvd & Otis Street Improvements, and Imperial Highway Center Median Project - South Gate, CA
On-Call Construction Inspection and Engineering Professional Services - Santa Fe Springs, CA On-Call Construction Management and Inspection Services - Bellflower, CA Project Management Services for Various Capital Improvement Projects - Fontana, CA On-Call Construction Inspection Services - La Mirada, CA Foothill Boulevard Bridge Widening - San Dimas, CA
On-Call Engineering and Traffic Engineering Services for the County of Riverside Transportation Department On-Call Engineering and Traffic Engineering Services for the City of Corona On-Call Construction Management and Inspection Services - City of San Bernardino sbX/Omnitrans I-5 JPA Construction Mitigation Project, Project 300 - La Mirada, CA City of Pomona On-Call Traffic Engineering Services - Pomona, CA Garreth Saiki, PE, GE
Ninyo & Moore
Materials Project Manger
Vance L. Hunter
Ninyo & Moore
Materials Senior
Field Technician
Sergio Topete
Project Manager/
Construction Inspector
Ramon Carlos
Labor Compliance
Officer
Abuelhassan, PE, MS, QSD
Resident Engineer/
Office Engineer
Yvette Kirrin, PE
Principal-In-Charge
City of Huntington Park

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) C. Qualifications and Experience of Consultant’s Personnel C-3. Demands of the Project
As the Project Manager and Inspector, the demands of the project will primarily be handled by Mr. Sergio Topete.

Mr. Topete understands there are special requirements the City is requesting, and the City can rest assured that he is a seasoned inspector ready to provide endless support from inception to completion of the project. He is a highly competent project manager and inspector with the ability to prepare, read, and draw maps, and effectively communicate the maps with the City, Contractor, Designer, and other stakeholders. Mr. Topete is an effective communicator when coordinating with contractors and city staff by telephone, in written form, e-mail, and in person. He is an expert at estimating the quantifiable characteristics of products or events; estimating sizes, distances, and quantities; and determining time, costs, resources, and materials needed to perform a work activity. Mr. Topete’s long and successful track record is a result of his ability to resolve issues before they arise and his method of negotiating with others when handling complaints, settling disputes, and resolving grievances and conflicts.

The following items are the project specific demands that will be handled by Sergio and our team.

The contract period for this project is 120 working days from the Notice-to-Proceed into two phases. Phase I, Procurement Phase, Notice-to-Proceed will be issued for awarded recipient to purchase equipment 14-18 weeks. And Phase II, Construction Phase, notice to proceed will be issued five (5) working days prior to scheduled delivery date of poles/equipment, then thirty (30) working days to complete construction including five (5) working days as move in period.

In our experience with previous projects, we detected typical conflicts in the execution of the projects, so it will be decisive to take the appropriate precautions to avoid in time, quality, and cost of the project.

THE MOST COMMON CONFLICTS ON THE PROJECT AND SOLUTIONS ARE:

1. Heavy Traffic - Make instructions for contractor to reduce the activities or pay special attention to hours of high traffic on major arterials and streets adjacent of schools.

2. Schools Near Jobsites - Adjust the hours of construction to not conflict with students entering/exiting the schools.

3. 20 Distinct Locations - Verify with contractor the schedule for working in distinct locations at same time in near area.

4. Residential Zones - Send notices to inform and talk with the residents to help resolve any claims or problems.

5. Parking Restrictions - The City has many problems with available street parking spaces and when we are in construction, we need to occupy some spaces. For this reason we need inform and talk with residents to resolve any claims or problems.

6. Safety on Jobsite - We need talk with workers about their own personal safety and the safety of residents and pay special attention to helping students and older people when they are walking around the jobsites.

7. Construction Yard Location - The contractor needs to have a construction yard for storage of your materials and equipment every single day to prevent claims from residents.

8. Time to receive the RRFB and Poles Approx. 4 Months - Have the contractor inform every month on the progress of the orders from RRFB, poles and equipment, including the dates from delivery.

9. Pot Holes for New Poles Required Before Ordering the Poles - The contractor is making the potholes and verified all locations of new poles to prevent any conflict with utilities before ordering poles and any necessary potholing for utility lines and foundation.

10. Working Hours from 7:00 AM to 4:30 PM - The contractor needs to adjust the working hours in the locations next to schools and major arterials for heavy traffic.

Alameda St. between Zoe and Saturn. New ADA
ramp & install pole and RRFB next to Aspire school.

Rita Ave. and Park Place. New ADA ramps and
install pole and RRFB next to HP Baptist school.

State St. and Hood Ave. Remove and replace ADA
ramps on blocks next to Allard Elementary school.

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) Yvette Kirrin, PE | Principal-in-Charge

BRIEF EXPERIENCE BIO
Ms. Kirrin has over 30 years of extensive civil engineering experience, including the Management of large transportation programs and infrastructure projects. She also specializes in utility coordination, as well as understands and coordinates with Caltrans (multiple districts), Metro, and Counties of LA and Riverside on multiple projects on a regular basis. Ms.

Kirrin provides briefings to large audiences including City Councils, Councils of Governments and at Public Hearings and various industry organizations..

Yvette is an active member with the following organizations: American Society of Civil Engineers (ASCE), Institute of Transportation Engineers, Inc. (ITE), National Society of Professional Engineers, Project Management Institute (PMI), and the Women’s Transportation Coalition (WTC).

BENEFITS TO THE (CITY, COUNTY, AGENCY, CLIENT, PROJECT, ETC.) • Expert in federally funded projects.
• Extensive experience reviewing/managing
technical studies associated with the EIR
process.
• Expert in utility coordination to minimize
potential project delays.

CURRICULUM VITAE RELEVANT PROJECTS
Education:

BS, Mechanical Engineering,
University of Florida, 1992
Professional Registrations:

Professional Civil Engineer, CA
#C63667
Professional Civil Engineer, AZ
#36110
Professional Engineer, FL #53833
Years with Firm:
14 Total Years of Experience:
30 Gateway Cities Council of Governments (GCCOG) – Consulting Engineer Project Manager. Like the I-5 JPA, Ms. Kirrin is completing technical oversight and program management services to the GCCOG which includes 20+ Cities/Jurisdictions and over $1 billion in funds. Ms. Kirrin is responsible for protecting the interests of the Cities regarding how the funds are allocated and spent, as well as responsible for communicating to the Public Works offices, City Mangers and Elected officials the status on the projects.

I-5 JPA Executive Director/Authority Engineer
Project Manager. Since 2007, Ms. Kirrin has reviewed various plans, worked with the Cities of La Mirada, Norwalk, Downey, Santa Fe Springs and Commerce to help protect and preserve the interests of the communities while partnering on an over $1.6 billion in improvements along I-5 including 14 miles of freeway and local Measure R Construction Mitigation projects. Oversight has included PAED, PS&E, RW and Construction, which require close monitoring and communication to the communities including public works, city managers and the elected officials.

Principal-in-Charge of the following Contracts
• City of Bellflower – Construction Management & Inspection (Current)
• City of Santa Fe Springs – Engineering Services, Construction Management & Inspection (2015 - Current)
• City of La Mirada – Construction Management & Inspection (2017-2021)
• City of South Gate – Roadway Improvements at Garfield and Imperial Intersections (2021)
• City of Huntington Beach – On-Call Grant Assistance
D-1. Proposed Personnel

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) Sergio Topete | Project Manager and Construction Inspector Mr. Topete has over 30 years of civil engineering experience, with a career track focused on City Engineering Management, planning, organizing, directing, and review of all activities and operations of a Public Works Department. Duties include reviewing, design and approving plans, specifications, estimates and bids, directing inspection activities, coordination of assigned activities with other departments, divisions and outside agencies, oversight of the City’s annual street improvement program, CDBG Projects, SR2S, Prop. C, STPL and providing highly complex administrative support to the Public Works Director. Mr. Topete has directed and participated in the construction and inspection of infrastructure projects, establishing project schedules, verification of project status, ensuring compliance with contract specifications and Local and National codes. His experience includes developing and monitoring contractor pay requests, vendor pay requests, sub-contractor pay requests and equipment/manpower reports. He is also bilingual in English and Spanish.

RELEVANT PROJECTS
Street Improvements on Garfield Avenue and Imperial Highway in the City of South Gate Construction Inspector. Performed field inspection of pavement concrete grind asphalt; leveling course; ARHM overlay; demolition and replacement of ADA ramps; construction of medians and walkways with landscape grouted cobble, decomposed granite, boulders, irrigation system; striping; replace traffic signals; remove and replace curb & gutters, driveways, cross gutters; and install new controller, remove and replace electrical pedestal. The project required heavy traffic control and coordination with business owners. Work also included photo documentation, measuring, calculating, and recording all construction quantities for estimates.

Pacific Boulevard Improvements, City of Huntington Park, CA Construction Inspector. Work included needs assessment, and inspection during construction and closeout for replacement of ADA ramps on commercial street and reconstruction of damages sidewalks install new irrigation and street lighting system on the Historic Old Town Street and install new landscape with new trees and plants the project required caution traffic control and coordination with Business owners.

Cycle 8 State Legislated SR2S Project-CIP No. 807, El Monte, CA Project Manager/Construction Inspector. Performed needs assessment, preparation of the scoping documents and project management and inspection during construction and closeout phase. The project includes remove and replace ADA Ramps construct new sidewalks, cross gutters, striping and solar lighting signs the project required caution traffic control.

CDBG ADA Ramps & Sidewalk Project, El Monte, CA
Project Manager/Construction Inspector. Inspection of curb & gutters, sidewalks, driveways, ADA ramps. The project required traffic control and coordination with residents. The scope of work included project management and inspection during construction and closeout phase.

Bellflower Boulevard Widening Project. Artesia Boulevard to SR-91 WB Ramp. Specification No. 14/15-09 (with Caltrans Coordination)
Construction Inspector. Performed inspection of dedicated right turn lanes for SR-91 freeway access, longer left turn lanes for SR-91 freeway ramp access, newly paved roadway and pavement striping and signs, wider travel lanes, all new traffic signals, traffic signal equipment and fiber optic, new traffic signal timing and crosswalk improvements, new street lights poles and lamps. Coordination with Caltrans was required for the encroachment permit improvements in areas with Caltrans access control.

D-1. Proposed Personnel

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) Sergio Topete – Continued
Whittier Bl. Street Rehabilitation Project, City of Pico Rivera, CA Construction Inspector. Sergio is currently the Inspector, his scope of work includes and is not limited to field inspection of work performed by Cold Plane on concrete, grind asphalt, leveling course, ARHM overlay, demolition and replace road surface under the rail road underpass, construction of medians and islands with landscape irrigation and monument entrance, striping, replace traffic signals, street lights poles and lamps, remove and Replace curb & gutters, sidewalks, driveways, cross gutters. Install new catch basins, remove and replace electrical pedestals, painting concrete wall and bridge with anti-graffiti coat. The project required heavy traffic control and coordination with business owners. He is to document work activities and take digital photos of the work. Measuring, calculating and recording all construction quantities for estimates. Report and document any working practices. Issue inspection reports to City Engineer on a regular basis.

Downtown Improvement Project Phase 1 ADA Ramps and Sidewalks, El Monte, CA Project Manager/Construction Inspector. Mr. Topete provided Project Management and Inspection Services for Valley Mall Street. The scope of work included needs assessment, preparation of the scoping documents and management of the bid and award phase including program, project management and inspection during construction and closeout for replace ADA Ramps on commercial street and reconstruction of damages sidewalks plants the project required caution traffic control and coordination with El Monte Business Association EMBA.

Downtown Improvement Project Phase 2 Landscaping, Irrigation & Lighting, El Monte, CA Project Manager/Construction Inspector. Under contract with the City of El Monte, Sergio provided Project Management and Inspection Services for Valley Mall Street Construction. The scope of work included needs assessment, preparation of the scoping documents and management of the bid and award phase including program, project management and inspection during construction and closeout for remove 24 old unhealthy olive trees and install new irrigation and street lighting system on the Historic Old Town Street and install new landscape with new trees and plants the project required caution traffic control and coordination with El Monte Business Association EMBA.

Valley Circle New Row Project, City of El Monte, CA
Project Manager/Construction Inspector. Under contract with the City of El Monte, provided project Management and Inspection Services for Santa Anita-Valley Blvd. Intersection Improvement Project. The scope of work included needs assessment, preparation of the scoping documents including project management and inspection during construction and closeout phase Construction of new road entrance for Public Works Yard and water tank from Water Department of the City and backyard entrance for new development of Wal-Mart Supercenter.

Eucalyptus Avenue Street Improvements From Somerset Blvd to Flora Vista Street (Specification 13/14-04) Construction Inspector. Performed inspection of cold mill asphalt; leveling course; ARHM overlay; demolition and replacement of ADA ramps; striping; replace traffic signals; street lights poles and lamps; remove and replace curb & gutters, driveways, cross gutters; and install new Rectangular Rapid Flashing Beacons (RRFB) with LED lights and speed radars next to school, new traffic signal timing and crosswalk improvements.

Paramount Boulevard Median Improvement Project CIP NO. 21272, Pico Rivera, CA Construction Inspector. Work performed included inspection of pavement concrete grind asphalt; leveling course; ARHM overlay; demolition and replacement of ADA ramps; construction of medians and walkways with landscape grouted cobble, decomposed granite, boulders irrigation with reclaimed water and guard rail; striping; replace traffic signals; remove and replace curb & gutters, driveways, cross gutters; and install new controller, remove and replace electrical pedestal. The project required heavy traffic control and coordination with business owners.

D-1. Proposed Personnel

Proposal For City of Huntington Park
CIP 2017-03 Active Transportation Program Cycle III Project No. ATPL-5150(015) Amr Abuelhassan, MS, PE, QSD | Resident Engineer/Office Engineer

BRIEF EXPERIENCE BIO
Mr. Abuelhassan has over 30 years of experience in project management, construction management, and civil engineering. His extensive construction management and administration experience and knowledge provides a solid foundation for the delivery of projects from inception to completion of construction. Mr. Abuelhassan’s experience includes working for Caltrans District 8 delivering projects on various routes within the District as a Project Manager and as a Resident Engineer. Mr. Abuelhassan’s experience also includes working for the County of San Bernardino Department of Public Works as a Resident Engineer where he performed the duties of construction manager on several successful projects. During his tenure, as Resident Engineer at the County of San Bernardino Department of Public Works, Mr.

Abuelhassan delivered the largest transportation construction project in the County’s history, Ft. Irwin Road Widening and Rehabilitation Project.

BENEFITS TO THE (CITY, COUNTY, AGENCY, CLIENT, PROJECT, ETC.) • Former Caltrans Project Manager and
Resident Engineer
• Has managed multiple public works
projects throughout Southern California
• Significant experience in Federally
Funded Transportation Projects
• Experienced Resident Engineer of similar projects
• Expert on roadway, highway and bridge
construction projects
• Significant Experience in Delivering
Transportation Projects under Caltrans Oversight

CURRICULUM VITAE RELEVANT PROJECTS
Education:

Master of Science,
Civil Engineering,
California State University,
Fullerton, 1997
Bachelor of Science,
Civil Engineering,
California State Polytechnic
University,
Pomona, 1991
Caltrans RE Academy 2001
Professional Registrations:

Professional Engineer
CA Civil No.C57817, CA
Qualified SWPPP Developer (QSD)
#23428
Years with Firm:
13 Total Years of Experience:
33 Street Improvements on Garfield Avenue and Imperial Highway in the City of South Gate. Resident Engineer.

San Pablo Ave Streetscape Phase I Project, Palm Desert, CA Resident Engineer.

La Quinta Complete Streets Improvements Project, La Quinta, CA Resident Engineer.

Foothill Boulevard Bridge Widening, San Dimas, California Resident Engineer.

I-15/Cajalco Interchange Improvement Project, Corona, CA Resident Engineer.

Los Alamos Road Overcrossing Bridge Replacement, Murrieta, CA Resident Engineer.

I-5 Widening Construction Traffic Mitigation Projects- JPA,, Cities of La Mirada, Norwalk, and Santa Fe Springs, CA
Resident Engineer.

I-5 JPA Construction Mitigation Project, Project 300, La Mirada, CA Resident Engineer.

D-1. Proposed Personnel