HomeMy Public PortalAbout07-31-2006CC_spThis Agenda contains a brief general description of each item to be considered. Copies of the Staff
reports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and are available for public inspection. A person who has a question
concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressinq the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO
THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM
WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS
CONSENT OF THE COUNCIL.
AGENDA
ITEMS ON FILE FOR CONSIDERATION
AT THE SPECIAL MEETING OF
THE LYNWOOD CITY COUNCIL
TO BE HELD ON
JULY 31,2006
COUNCIL CHAMBERS
11330 BULLIS ROAD, LYNWOOD, CA 90262
5:00 P.M.
LETICIA VASQUEZ
MAYOR
REVEREND ALFREDDIE JOHNSON, JR.
MAYOR PRO-TEM
CITY OF LYNW00D
C~T~, *'~ ~'o,~c r~,,:_clCE
JUL 3 7 2006
FERNANDO PEDROZA
COUNCILMEMBER
LOUIS BYRD
COUNCILMEMBER
MARIA TERESA SANTILLAN
COUNCILMEMBER
CITY MANAGER
N. ENRIQUE MARTINEZ
CITY ATTORNEY
J. ARNOLDO BELTRAN
CITY CLERK
ANDREA L. HOOPER
CITY TREASURER
IRIS PYGATT
OPENING CEREMONIES
CALL TO ORDER
CERTIFICATION OF AGENDA POSTING BY CITY CLERK
ROLL CALL OF COUNCIL MEMBERS
Louis Byrd
Reverend Alfreddie Johnson, Jr.
Femando Pedroza
Maria T. Santillan
Leticia Vasquez
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL RECESS TO:
LYNWOOD INFORMATION, INC.
LYNWOOD PUBLIC FINANCE AUTHORITY
LYNWOOD REDEVELOPMENT AGENCY
LYNWOOD UTILITY AUTHORITY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL
DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR
COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE
DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code
Section 54954.2 (a).)
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion affirming the
action recommended on the agenda. There will be no separate discussion on these items prior to
voting unless members of the Council or staff request specific items to be removed from the
Consent Calendar for separate action.
SELECTION OF AGENCY TO PROVIDE SPANISH TRANSLATION SERVICES FOR
AGENCY AGENDAS
Comments:
On April 18, 2006, the City Council approved the release of a Request for Proposals
(RFP) for Spanish Translation Services for Agency Agendas, to ensure that the City
received the lowest prices and the highest quality to accommodate the needs of the City,
as well as to comply with the City's purchasing ordinance.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH AMERICAN LANGUAGE
SERVICES TO PROVIDE SPANISH TRANSLATION SERVICES FOR AGENCY
AGENDAS".
8. REQUESTING AUTHORIZATION TO EXECUTE AN ADMINSTRATIVE AGREEMENT
WITH THE LYNWOOD REDEVELOPMENT AGENCY UNDER THE HOME PROGRAM
10.
Comments:
The purpose of this item is to enter into an agreement with the Lynwood Redevelopment
Agency and designate the Agency as a sub-recipient to the City to receive the HOME
Investment Partnership Allocation of $1,197,019.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO APPROVE
AND THE MAYOR TO EXECUTE A HOME CONTRACT AND ADMINISTRATION
AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE REDEVELOPMENT
AGENCY".
APPROVAL OF TRACT MAP NO. 60553
Comments:
Tentative Tract Map No. 60553 was conditionally approved by the Planning Commission
by Resolution 3066 on March 8, 2005. The final map is now ready for City Council's
approval. The Tract Map provides for the subdivision of twenty nine (29) parcels into nine
(9) lots in order to create nine (9) single family residences in the Planned Residential
Development Zone on Redwood Avenue between State Street and Peach Street.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
TRACT MAP NO. 60553."
AWARD OF CONTRACT STREET NAME SIGNS REPLACEMENT PROJECT:
PROJECT NUMBER 05-5323
Comments:
The bid opening for the Street Name Signs Replacement Project at Signalized
Intersections was held in the office of the City Clerk on Thursday June 29, 2006. Maned
Sign Company, Inc. was the apparent lowest bidder.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO MANERI SIGN COMPANY, INC., IN THE AMOUNT OF
$60,674.17 FOR THE STREET NAME SIGNS REPLACEMENT PROJECT AT
SIGNALIZED INTERSECTIONS, PROJECT NUMBER 05-5323, AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT".
11. LYNWOOD CITY HALL PARKING LOT IMPROVEMENT PROJECT, PROJECT
NUMBER 05-5297
12.
Comments:
On June 19, 2006, the Depar[ment of Public Works released a Request for Proposals
(RFP), for the design and preparation of construction drawings and specifications for
Lynwood City Hall Parking Lot Improvement Project, Project Number 05-5297. Eleven
(11) proposals were received. Through the evaluation process, the Department of Public
Works has determined that Willdan is the most qualified firm for the preparation of
construction drawings and specifications.
Recommendation:
Staff recommends that the Lynwood City Council adopt the attached resolution entitled,
"A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO WlLLDAN FOR ITS ENGINEERING SERVICES FOR
THE DESIGN AND PREPARATION OF CONSTRUCTION DRAWINGS AND
SPECIFICATIONS FOR THE LYNWOOD CITY HALL PARKING LOT IMPROVEMENT
PROJECT, PROJECT NUMBER 05-5297 AT ITS PROPOSED RATE NOT TO EXCEED
$48,600 IN TOTAL AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT".
CITY HALL ANNEX, CITY HALL, AND CITY HALL NORTH REHABILITATION
PROJECT, PROJECT NUMBER 05-5189
Comments:
Westgroup Designs, Inc. has requested additional compensation for design work
associated with the ADA compliance at City Hall and other miscellaneous work conditions
and construction documents to correct discrepancies to the code. This design work is
beyond the original scope of work.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE
EXISTING CONTRACT WITH WESTGROUP DESIGNS, INC. (AMENDMENT NUMBER
2) IN THE AMOUNT OF $18,450 FOR ADDITIONAL ADA IMPROVEMENTS,
ELECTRICAL, STRUCTURAL, AND ARCHITECTURAL SERVICES FOR THE CITY
HALL ANNEX, CITY HALL, AND CITY HALL NORTH REHABILITATION PROJECT,
PROJECT NUMBER 05-5189, AND AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT AMENDMENT".
14.
13.
AWARD OF DESIGN CONTRACT HAM PARK REPLACEMENT PROJECT, PROJECT
NUMBER 05-5295
Comments:
On December 19, 2005, the City of Lynwood sent out Request for Proposals (RFP), for
the design and preparation of construction drawings and specifications for Ham Park
Replacement Project. Seventeen (17) proposals were received. Through the evaluation
process, the City has selected the most qualified firm (LPA, Inc.) for the preparation of
construction drawings and specifications.
Recommendation:
Staff recommends that the Lynwood City Council adopt the attached resolution entitled,
'% RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO LPA. INC. FOR ITS ARCHITECTURAL
ENGINEERING SERVICES FOR THE DES GN AND p AND
CONSTRUCTION DRAWINGS AND .... REPARATIO
REPLACEMENT PRO~c ...... ~'I:(JIFICATIONS FA ..... N OF
'~-'~ ,~! IrS PROPOSED R ur~ iht: HAM PARK
ATE OF $775,000 IN TOTAL AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT."
SPECIAL PERMIT REQUEST: JAGME FOUNDATION - SUMMER FESTIVAL
Comments:
On Thursday, June 26, 2006, staff received a request from the JAGME foundation for a
special permit to have a Summer festival on Saturday, August 12, 2006 from 12 noon -
7:00 P.M. inside Lynwood City Park. The purpose of the event is to reunite artists from
the popular TV reality show, "La Academia" and "La Academia USA."
Recommendation:
Staff recommends that the City Council approve the request for Saturday, August 12,
2006 with no City subsidy. This will require the applicant to pay permit fees, meet
applicable requirements imposed by City departments, the Sheriff, Fire and Health
Departments and to enter into a private entity contract with the Sheriff's Department to
pay apProximately $5,000 relating to the Sheriff's staff overtime.
15.
DISCUSSION ITEMS
CHAMBER OF COMMERCE CONTRACT NEGOTIATIONS
Comments:
At the regularly scheduled meeting on Tuesday, June 6, 2006, the members of Lynwood
Information Inc. approved to fund the Chamber of Commerce business promotion
program. Staff was given direction to negotiate deliverables that the Executive Board
would be able to complete within a 12 month period.
Recommendation:
Staff recommends that the City Council review a draft of the proposed contract
deliverables and provide direction to staff in order to finalize the contract.
16. CALIFORNIA ENTERPRISE ZONE APPLICATION FOR DESIGNATION 2006
Comments:
The State of California's Department of Housing and Community Development has
issued applications for designation for the California Enterprise Zone Program. This
program provides state tax credits for businesses who locate within designated areas and
serves as an incentive to stimulate business and industrial growth in depressed areas of
the state. The application deadline is September 6, 2006.
Recommendation:
Staff recommends that after review and consideration, the City Council approve one of
the following actions:
Adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD TO APPROVE AND THE MAYOR TO EXECUTE A
CONTRACT WITH KOSMONT & ASSOCIATES, INC., IN THE AMOUNT OF
$89,989 AND THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE
CALIFORNIA ENTERPRISE ZONE APPLICATION FOR DESIGNATION TO THE
STATE OF CALIFORNIA'S DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT".
2. Postpone further action until the next California Enterprise Zone Application for
Designation is issued.
17.
18.
DISCUSSION ITEMS - CITY COUNCIL REQUESTS
REQUEST FOR ASSISTANCE: EMMANUEL TEMPLE CHURCH COMMUNITY DAY
Comments:
At request has been made by Greater Emmanuel Temple Apostolic Church for the City to
provide assistance with their "Community Day" on Saturday, August 26, 2006 from 9:00
a.m. - 3:00 p.m.
Recommendation:
Staff recommends that the City Council approve the request for staff and supplies on
hand only.
REQUEST FOR TRAVEL FUNDS FROM ROYAL-T TRACK AND FIELD CLUB FOR
USATF JUNIOR OLYMPIC COMPETITION, JULY 25-30, 2006
Comments:
The purpose of this item is to enable the Council to consider funding a portion of the
travel and lodging costs for the Track and Field competition for the Junior Olympics for
four Lynwood youth athletes and their coach.
Recommendation:
Staff recommends that the City Council provide further direction relative to this matter.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
CITY COUNCIL MEMBER REPORTING ON MEETINGS ATTENDED (GOV. CODE SECTION 53232.3 (D))
LETICIA VASQUEZ, MAYOR
REVEREND ALFREDDIE JOHNSON, JR., MAYOR PRO-TEM
LOUIS BYRD, COUNCILMEMBER
FERNANDO PEDROZA, COUNClLMEMBER
MARIA T. SANTILLAN, COUNClLMEMBER
19.
A.
CLOSED SESSION
CLOSED SESSION ITEMS
With respect to every item of business to be discussed in closed session pursuant to
Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties:
See listing of properties by Address and Assessor Parcel
Numbers in Attachment "A" to this agenda.
City Negotiator:
City Council, City Manager, City Attorney, Development Services
Director and Universal Field Services, Inc.
Negotiating:
See listing of properties and property owners ("Seller" or
"Seller's") in Attachment "A" to this agenda.
Under Negotiation:
Price and terms of payment - Seeking authority to make offer to
Seller's for acquisition of property and, where appropriate, value
of immovable fixtures and equipment, provision of appropriate
relocation benefits and compensation for potential loss of
goodwill to parties legally entitled thereto.
With respect to every item of business to be discussed in closed session pursuant to
Section 54956.95:
LIABILITY CLAIMS
1. Claimant: Valerie Turner
Agency claimed against:
City of Lynwood
With respect to every item of business to be discussed in closed session pursuant
Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subdivision (a) of
section 54956.9:)
1. Name of Case:
Velma Winbush v. City of Lynwood
Case No. 0700500009
2. Name of Case:
Bulletin Displays v. City of Lynwood
Case No. BC340572
With respect to every item of business to be discussed in closed session pursuant to
Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
Four (4) Cases
With respect to every item of business to be discussed in closed session pursuant to
Section 54957:
PUBLIC EMPLOYMENT
Title: Office Assistant II
With respect to every item of business to be discussed in closed session pursuant to
Section 54957:
PUBLIC EMPLOYEE APPOINTMENT
Tifie: Director of Human Resources
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 1, 2006 AT 5:00 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
CITY COUNCIL AGENDA ITEM
JULY 31, 2006
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, PURSUANT TO
GOVERNMENT CODE SECTION 54956.8.
Properties:
See listing of properties by Address and Assessor
Pamel Numbers in Attachment "A" to this agenda.
City Negotiators:
City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating Parties:
See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this agenda.
Under Negotiations:
Price and terms of payment - Seeking authority to
make offer to Seller's for acquisition of property and,
where appropriate, value of immovable fixtures and
equipment, provision of appropriate relocation
benefits and compensation for potential loss of
goodwill to parties legally entitled thereto.
APN
6189-019-060,
061
6189-019-003
6189-019-058,
059
6189-019-007,
008
6189-019-009,
010
6189-019-011
6189-019-012
6186-036-001
6186-036-029
6186-036-030
6186-036-006
6186-036-007
6186-036-008
ATTACHMENT "A"
Conference with Real Property Negotiators
Ham Park Replacement Project
Commercial Properties
City Council Meeting
July 31, 2006
COMMERCIAL/MIXED USE PROPERTIES
Owner Site Address
Tacos Mexicos Inc. 11800-11808 Atlantic Avenue
Bhagat, Narayan & Ranjan 11812 Atlantic Avenue
Christ New Testament
Baptist Church of L.A.
Ornelas, Raul & Isabel
Trust/Ornelas Family
Ornelas, Raul & Isabel
Trust/Ornelas Family
Patel, Navin & Champa 12012 Atlantic Avenue
Nabulsi, Walid/Mohanned 12022 Atlantic Avenue
Chin, David & Jackie &
Chen, Becky
Bhagat, Vinodbhai Trust
Ghagat, Vinodgha Trust
Ballard, William Trust
J L Flores DDS Inc.
11820-11832 Atlantic Avenue
11836 Atlantic Avenue
12000-12006 Atlantic Avenue
12108 Atlantic Avenue
12120 Atlantic Avenue
12130 Atlantic Avenue
12134 Atlantic Avenue
Ballard, William & Katherine12140 Atlantic Avenue
12100 Atlantic Avenue
ATTACHMENT "A"
Page2
6186-001-011
6186-001-007
6186-001-004,
005,006
6186-001-002
Alfaro, Froylan & Jorge
Loera, John & Mary
Vasquez, Leonel
Michalak, Michael
12001 Atlantic Avenue
12015 Atlantic Avenue
12017-12031 Atlantic Avenue
12035 Atlantic Avenue
6189-019-900
6189-019-056,
057*
6189-019-013
6189-019-014
6189-019-015
6189-019-016
6189-019-017
6189-019-018
6189-019-019
6189-019-020
6189-019-021
6189-019-022
6189-019-025
6189-019-027
RESIDENTIAL/VACANT PROPERTIE~
Lynwood Redevelopment
Agency
Lynwood Redevelopment
Agency
Chalvin, Myron Z. Trustee
Chavez, Lucia
Casas, Jesus & Patricia
Membreno, Julio & Juana
Contreras, Ramiro & Livier
Tostado, Ernesto & Adrian
Mosqueda, Rogelio & Maria
Gatlin, Signe Conita Trustee
Cruz, Guillermina
Vasquez, Inez & Maria
Cajero, Maria (Estate of)
Aguiar, Gaudencio & Amarilis
NEC Atlantic Avenue &
Josephine Street
NWC Josephine Street &
Virginia Avenue
11801 Virginia Avenue
11807 Virginia Avenue
11815 Virginia Avenue
11819 Virginia Avenue
11825 Virginia Avenue
11833 Virginia Avenue
11837 Virginia Avenue
11845 Virginia Avenue
11851 Virginia Avenue
11857 Virginia Avenue
11867 Virginia Avenue
11869 Virginia Avenue
ATTACHMENT "A"
Page 3
6189-019-030
6189-036-028
6189-036-027
6189-036-026
6189-036-025
6189-036-024
6189-036-023
6186-001-024
Quezada, Salvador
Nabulsi, Mohammed, et al
Jones, Sarah
Zavala, Pedro & Rebecca
Alvarez, Teofilo & Noemi
Cullens, Charles & Joyce
Preciado, Roberto & Imelda
Chavez, Ascencion & Margarita
5121 Lavinia Avenue
5124 Lavinia Avenue
12111 Virginia Avenue
12115 Virginia Avenue
12121 Virginia Avenue
12127 Virginia Avenue
12205 Virginia Avenue
12011 Atlantic Avenue
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
July 31,2006
Honorable Mayor and Members of the City Council
N. Enrique Martinez, City Manager
Autra
C.
Adams, Interim Dir. of Rec./Asst. to,,t~e City Manager
Delania Whitaker, Administrative Analyst IL/0v"'
SUBJECT:
Selection of Agency to Provide Spanish Translation Services
for Agency Agendas
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH AMERICAN
LANGUAGE SERVICES TO PROVIDE SPANISH TRANSLATION SERVICES
FOR AGENCY AGENDAS".
Background:
On April 18, 2006, the City Council approved the release of a Request for
Proposals (RFP) For Spanish Translation Services for Agency Agendas.
Discussion & Analysis:
Staff advertised the RFP in accordance with the City's purchasing ordinance,
proposals were received from seven (7) agencies to provide Spanish translation
services to the City.
A panel consisting of bilingual staff members from the City Council's Office,
Development Services, and Human Resources evaluated proposals received by
the seven (7) agencies--American Language Services, Avalon Language
Services, Continental Interpreting, In Line Translation Services, Juan E. Ramirez,
J.D., Language Network and Lazar & Associates.
The proposals were evaluated on the fees charged and cost effectiveness of
proposed service, the ability to provide service within the required timeframe,
qualifications of agency and assigned individual, and prior experience in
performing similar work. The panelists ranking is included as Attachment "A".
Based on the information presented in the written proposals, staff has determined
that American Language Services should be selected to provide Spanish
translation services of agency agendas to the City.
~AGENDA
ITEM
Fiscal Impact:
The estimated cost for the Spanish translation of the "short" agenda for the City of
Lynwood, Lynwood Information Inc., Lynwood Public Finance Authority, Lynwood
Redevelopment Agency, and Lynwood Utility Authority is $27,600 per year. The
cost is based on the agency's rate of .12 per word at approximately 5,900 words
per meeting for 24 agendas and .15 per word for 12 special meetings per year for
each agency. An appropriation is included in the FY 2006-2007 budget to cover the
contract cost.
Coordinated With: Finance Department
City Attorney's Office
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
AMERICAN LANGUAGE SERVICES TO PROVIDE SPANISH TRANSLATION
SERVICES FOR AGENCY AGENDAS
WHEREAS, the City is interested in translating the short agendas of each
agency into Spanish, in order to facilitate access and understanding of City
business by a greater number of residents; and
WHEREAS, to comply with the City's purchasing ordinance, a Request For
Proposals was issued to numerous agencies; and
WHEREAS, City staff evaluated seven (7) proposals and recommends
American Language Services to the City Council for translation needs; and
WHEREAS, $27,600 per year is needed to cover the costs for the Spanish
translation services and the first year costs are included in the FY 2006-07 adopted
budget of the Lynwood Information Incorporated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. That the City Council approves the selection of American
Language Services to provide Spanish translation services for agency agendas.
Section 2. The Mayor is authorized to execute a three-year agreement with
American Language Services in an amount not to exceed $27,600 per year for the
services approved as to form by the City Attorney.
Section 3. This resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED this day of
,2006.
LETICIA VASQUEZ, MAYOR
ATTEST:
ANDREA L. HOOPER,
CITY CLERK
N. ENRIQUE MARTINEZ,
CITY MANAGER
APPROVED AS TO FORM:
APPROVED TO CONTENT:
J. ARNOLDO BELTRAN,
CITY ATTORNEY
AUTRA C. ADAMS,
ASSISTANT TO THE CITY
MANAGER
STATE OF CALIFORNIA )
) SS.
COUNTY OFLOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing Resolution was duly adopted by the City Council of the
City of Lynwood at a special meeting held in the City Hall of said City on the __
day of July 2006, and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
)ss.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correct copy of Resolution No. in my office and that said
Resolution was adopted on the date and by the vote therein stated.
Dated this
day of July 2006.
Andrea L. Hooper, City Clerk
"ATTACHMENT A"
Panelist Scores
Proposals for Spanish Translation Services
for Agency Agendas
AGENCY Panelist 1 Panelist 2 Panelist 3 TOTAL
American Language Services 8 8.6 8.5 25.1
Avalon Language Services 8 8.3 7.1 23.4
Lazar & Associates 6.7 8.6 7.4 22.7
Juan Ramirez 7.2 8.8 5.9 2t.9
Continential l nterpretin~l 3, 9 8,8 7.3 20
Inline Translation Services 5.1 8.3 6.3 19.7
Language Network 5 8.2 5,7 18.9
RANKING
1
2
3
4
6
7
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
July 31, 2006
Honorable Mayor & City Council Members
N. Enrique Martinez, City Manager ~/~1~/.~;~
William Rawlings, Redevelopment Director~
Leaonna Fletcher, Sr. Rehabilitation Specialist
SUBJECT:
REQUESTING AUTHORIZATION TO EXECUTE AN
ADMINISTRATIVE AGREEMENT WITH THE LYNWOOD
REDEVELOPMENT AGENCY UNDER THE HOME
PROGRAM
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO
APPROVE AND THE MAYOR TO EXECUTE A HOME CONTRACT AND
ADMINISTRATION AGREEMENT BETWEEN THE CITY OF LYNWOOD AND
THE LYNWOOD REDEVELOPMENT AGENCY".
Background:
The City has received an annual allocation of HOME Investment Partnership
Funds from the Department of Housing and Urban Development since 1992.
In fiscal years 1994-1997, the City approved and executed an agreement with
the Lynwood Redevelopment Agency to administer the HOME program as the
City's "sub-recipient".
A sub-recipient is a public agency or nonprofit selected by the participating
jurisdiction to administer all or a portion of the participating jurisdiction's HOME
Program. With the Lynwood Redevelopment Agency as the sub-recipient the
City will meet the commitment requirement estimated to be approximately
$1,197,019 by August 31,2006.
The City must commit each year's allocation to a qualified housing project,
program, or sub-recipient within a 24 month period of receiving the allocation
pursuant to the HUD/HOME Guidelines at 24 CFR Part 92.500(d)(B).
AGENDA
ITEM
Discussion and Analysis:
It is advantageous for the City to enter into an administrative agreement with the
Lynwood Redevelopment Agency to secure the commitment requirement
estimated to be approximately $1,197,019 of the HOME Funds and ensure that
the City complies with the federal requirements established by the Department of
Housing and Urban Development.
The City will then have a period of five years from each allocation year to expend
these funds pursuant to HUD/HOME Guidelines at 24 CFR Part 92.500(d)(C).
Allocation Amount
FY 2003 Allocation $700,348
Expenditure Deadline
July 31,2008
July 31,2009
FY 2004 Allocation $696,933
Total Allocation $1,397,281
Within this past year the City has committed monies to projects which include:
housing rehabilitation and to the City's selected Community Housing
Development Organization. By committing to those projects it has reduced the
City's commitment shortfall to $1,197,019.
As the sub-recipient the Lynwood Redevelopment Agency will continue to fund
the Housing Rehabilitation Program and the CHDO activity. The Agency will
continue to utilize these funds for the development of affordable housing and
assist in the elimination of blight, and promote, housing rehabilitation in the City
of Lynwood.
Fiscal Impact:
There is no fiscal impact from the action recommended in this report.
Coordinated With:
Finance Department, City Attorney's Office, and City Manager's Office
Attachments:
HUD Notification
Administrative Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO
APPROVE AND THE MAYOR TO EXECUTE A HOME CONTRACT AND
ADMINISTRATION AGREEMENT BETWEEN THE CITY OF LYNWOOD AND
THE REDEVELOPMENT AGENCY
WHEREAS, the City of Lynwood has received HOME Funds, a federal
formula grant allocation, from the Department of Housing and Urban
Development to carry out certain eligible affordable housing activities in
accordance with federal program requirements at 24 CFR 92 Subpart K; and
WHEREAS, the City of Lynwood is required to commit the HOME funds
to a project or contract with a sub-recipient by August 31, 2006; and
WHEREAS, the City proposes to enter into a HOME Contract and
Administration Agreement with the Lynwood Redevelopment Agency, a qualified
sub-recipient, to assist the City in carrying out the HOME requirements of
providing affordable housing opportunities to Iow income residents; and
WHEREAS, the City proposes to commit HOME funds estimated to be
approximately $1,197,019 to the Lynwood Redevelopment Agency pursuant to
the agreement and within the HOME guidelines.
NOW, THEREFORE the City Council of the City of Lynwood does hereby
resolve as follows:
Section 1. That the City Council approves the HOME Contract and
Administration Agreement with the Lynwood Redevelopment Agency and the
City to commit HOME funds estimated to be approximately $1,197,019 to be
used in accordance with regulations established by the Department of Urban
Development pursuant to Title 24 CFR part 92 Subpart K.
Section 2. That the Mayor is authorized to execute an agreement for
the stated purpose in a form satisfactory to the City Attorney.
Section 3. This Resolution shall go into effect immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 31Stday of July 2006.
Leticia Vasquez, Mayor
A'I-rEST:
Andrea L. Hooper, City Clerk
N. Enrique Martinez, City Manager
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
City Attorney
William Rawlings
Redevelopment Director
ricardo_rniranda@hud
.gov .
03/16/2006 09:58 AM
To: nenriquemartinez@lynwood.ca.us, Ifletcher@lynwood.ca.us,
apotts@lynwood.ca.us, gayleb@comphouse.net
cc: wayne_s._itoga@hud.gov
Subject: URGENT: Lynwood HOME Commitment and CHDO Reservation
Shortfalls
h-http: / /www'hud.gov /offices/ cpd/ affordablehousing/reports/ deadline/ o4 01pj02280~
pdf - ..
According to the latest report, the City of Lynwood is at risk of having HOME funds
de-obligated for failure to commit HOME funds-to specific affordable housing projects
with identifiable units and reserve funds to a Community Housing Development
Organization (CHDO) by the August 31, 2006 statutory deadline.
Participating c~mm~rnent CHD° ReserVation Expenditure Shortfall
Jurisdiction Shortfall Shortfall
Please make this an urgent priority and take all necessary remedial action or risk having
the HOME funds de-obligated, which will mean that the above corresponding figure will
be deducted from next year's HOME formula allocation for your City. The commitment
and CHDO reservation project data should be entered into HUD's Integrated
Disbursement and Information System (IDIS) as soon as possible, especially before the
August 3z, 2006 deadline. Please be advised that statutory deadlines cannot be waived
because they are based On Acts of Congress.
Sincerely,
Ricardo Miranda
Senior Community Planning and Development Representative
Office of Community Planning and Development
HUD Los Angeles Field Office, Region IX
611 W. 6th St., Suite 1000
Los Angeles, CA 90017
(213) 534-2564
(213) 894-8122 Fax
email: Ricardo_Miranda@hud.gov
http://www.hud.gov/officcs/cpd/
HOME FUND AGENCY AND COMMITMENT AGREEMENT
By and Between
CITY OF LYNWOOD
and
LYNWOOD REDEVELOPMENT AGENCY
THIS HOME FUND AGENCY AND COMMITMENT AGREEMENT (the
"Agreement") is entered into as of July 31, 2006 by and between the CITY OF
LYNWOOD, a public corporate body ("City"), and Lynwood Redevelopment
Agency ("Agency"), a public agency as identified in 24 CFR 90.504(c)(2),
pursuant to the HOME Program (as the term is hereinafter defined) and for the
benefit of the United States Department of Housing and Urban Development
("HUD").
RECITALS
The City receives federal funds from HUD pursuant to the Home
Investment Partnerships Act Program and the implementing regulations
thereto set forth in 24 CFR 92.1 for the purposes of providing affordable
housing for Iow income residents of Lynwood.
The City administers a multi-year housing program by providing financial
assistance to eligible Iow income households to improve the existing
housing conditions in the community and increase the affordable housing
opportunities.
The City's Consolidated Plan has identified housing programs to address
the community and housing needs, including programs for rehabilitation,
new construction, acquisition and specific projects related to the identified
goals.
The City enters into this agreement with the Agency to comply with the
HOME Program regulations regarding the annual allocation of funds for
affordable housing and to meet the administration and commitment
requirements of Section 90.504.(c)(2) of the HOME Program.
The purpose of this Agreement is for the City to commit HOME Program
funds from Fiscal Year 2003 and 2004 funds in the approximate amount
of $1,197,019, ("Funds") (as set forth in the letter from Robert G Ilumin,
Deputy Director of Los Angeles Office of Community Planning &
Development) to the Agency to enter into contracts to develop affordable
housing in the City.
NOW, THEREFORE, the City and the Agency hereby agree as follows:
1. Reservation and Commitment of HOME Pro.qram Funds. The
City hereby commits Funds heretofore received by the City to the Agency as
follows and in the following manner:
(a) The Fiscal year 2003 and 2004 HOME funds in an amount of
approximately $1,197,019.
(b) The Funds shall be utilized in the manner, schedule, and budget set
forth below in Section 2 for as long as the affordability requirements of
the program or project for which HOME funds are expended, and
during any period in which Agency has control over HOME funds.
(92.504(c)(2)i)
(c) Program income as defined by applicable HOME Regulations is to be
retained by the Agency for expenditure on additional eligible
activities.(92.504(c)(2)ii)
(d) The Agency shall comply with applicable uniform administrative
requirements as described in Section 92.505. (92.504(c)(2)iii)
(e) The Agency shall comply with all Federal laws and regulations
described in 24 CFR subpart H (24 CFR 92.350 to 92.358), except
that the Agency does not assume the City's responsibilities for
environmental review under Section 92.352 and the
intergovernmental review process in 92.357. (92.504(c)(2)iv)
(f) The Agency anticipates that it will not do housing containing five or
more assisted units and therefore will not be required to conduct
affirmative marketing. If the Agency elects to create or assist housing
containing five or more assisted units, the Agency agrees to comply
with its affirmative marketing responsibilities in accordance with
92.351. (92.504(c)(2)v)
(g) The Agency will not disburse funds until the funds are needed for
payment of an eligible cost. The amount of each request shall be
limited to the amount needed. Agency agrees to disburse Program
Income, as that term is defined in 24 CFR 92.2, prior to requesting
additional HOME funds from the City. (92.504(c)(2)vi)
(h) Upon the expiration of this Agreement, the Agency agrees to transfer
to the City any HOME funds on hand at the time of expiration and any
accounts receivable attributable to the use of HOME funds.
(92.504(c)(2)vii)
(i) The Agency shall keep and maintain all records of the projects and
expenditure of funds in order to assist the City to comply with
recordkeeping and reporting requirements of the Federal Government
related to HOME funds. (92.504(c)(2)viii)
(j) In accordance with 24 CFR 85.43, suspension or termination may
occur if the Agency materially fails to comply with any term of the
Agreement herein. The City retains the right to terminate the
Agreement for convenience in accordance with 24 CFR 85.44.
(92.504(c)(2)ix)
(k) The Agency agrees to have written agreements compliant with 24 CFR
92.503 if it elects to provide HOME funds to for-profit owners or
developers, nonprofit owners or developers, homeowners,
homebuyers, tenants receiving tenant-based rental assistance, or
contractors. (92.504(c)(2)x)
2. Pro'ect Descri tion. The City and the Agency are committed to
establishing and implementing a program to conduct the following tasks:
rehabilitate homes, acquiring property for new construction, and development of
owner-occupied affordable housing units. The budgeted amount to conduct the
above tasks shall be approximately $1,197,019. All of the foregoing affordable
housing programs are to be used to increase affordable housing opportunities in
the City and are herein collectively referred to as the "Project" and shall be
completed on a schedule as set forth by the Agency in its discretion.
(a) The delivery of such funds to or on behalf of the Project is
expressly conditioned by the City upon (i) establishment of Project
guidelines acceptable to the City, (ii) the selection of eligible and
acceptable property(les) in the City, and (iii) the applicant providing
documentation which meets the requirements of the HOME Program and
the applicant executing affordable housing agreements.
(b) The Agency shall utilize HOME Program funds for the Project and
all activities shall comply with the established program guidelines.
(c) Upon mutual agreement between the City and Agency, Funds may
be applied toward other qualifying activities, including without limitation,
acquisition of property and/or acquisition of existing housing units in
connection with the development of additional owner-occupied affordable
housing units through rehabilitation, and/or new construction of affordable
housing, and/or rehabilitation of existing homes.
3. HOME Program Fund Commitment. The City intends the
reservation of HOME Program funds which is made pursuant to this HOME Fund
Reservation and Commitment Agreement shall qualify as a "commitment" of
funds pursuant to 24 CFR 92.2, as a legally binding written agreement
committing Funds to the Project.
4. Annual Commitment and Disbursement The Agency shall
implement and expend the Funds committed by this Agreement in accordance
with the Annual Commitment and Disbursement requirements established by
HUD under the HOME Program guidelines.
5. Proiect Implementation Documents and Scope of Affordable
_Housin¢~ A~reements. The Project documents and affordable housing
agreement(s) shall contain such matters as (i) the total amount and sources of
financial assistance to be made available (HOME Program funds and/or Housing
Fund monies) toward each portion of the Project, (ii) whether the financial
assistance will be in the form of a grant or a loan, (iii) eligible uses of the financial
assistance (such as for acquisition, new construction, eligible off-site
improvements), (iv) security for repayment of the financial assistance provided
by the Project (such as deed of trust, guarantee), (v) conditions precedent to
disbursement of the financial assistance, (vi) scope of development and
schedule for performance for the work, as applicable, or the close of escrow for
purchase of real property, (vii) number, size, and term of affordability of
affordable units, (viii) affordable housing cost verification and the rent or housing
cost limitation formulas, as applicable, for affordable units, (ix) income limits for
tenants or owners, as applicable, for affordable units, (x) ongoing maintenance,
occupancy, and operation requirements, (xi) necessary regulatory agreements,
(xii) evidence of compliance with other related HOME Program and/or community
redevelopment requirements, specifically including, without limitation, the
requirements of 24 CFR 504, and Health and Safety Code Section 33334.2, et
seq., and (xiii) such other matters as the parties find necessary or appropriate for
proper implementation of the Project.
6. Additional Terms Re!:lardin~ A.qencv use of Contractors on a,,
The Agency agrees that it shall not disburse any of the Funds pursuant to
this Agreement prior to entering into a written agreement with any HOME
Program qualified or eligible contractor or project owner (the "Contractor"),
ensuring HOME Program compliance.
At a minimum, the Agency agrees to cause the Contractor to
submit in writing in its application for Funds the following: (a) a
complete description of the use of the Funds; and (b) the tasks to
be performed with respect to the construction and completion of
the subject project, a schedule for completing the tasks and a
budget in sufficient detail for, the Agency (on behalf of the City) to
determine whether the release of the Funds can be adequately
monitored by the Agency and/or the City.
The Agency agrees to cause each Contractor to comply with the
affordability requirements of Sections 92.252 and 92.254 of 24
CFR Part 92 of the HOME Requlafions, and should a Contractor
not comply with the affordability requirements for the specified time
period, the Agency shall require repayment of the Funds.
Instruments evidencing these affordability covenants shall be
recorded against the Project by the Agency.
Any and all Funds repayable to the City shall include any interest or
other returns earned on the Funds and shall be retained by the City
4
in its HOME Trust Fund for redistribution to other projects eligible to
receive HOME Funds.
The Agency shall comply with uniform administrative requirements
of OMB Circular No. A-87 and successor Circulars, and the
requirements of 24 CFR Part 85.
The Agency agrees to conduct audits in accordance with 24 CFR
part 44, and OMB Circular A-133 and successor Circulars.
The Agency agrees that it will comply with the maximum per unit
HOME subsidy amount required by HUD and further defined in 24
CFR 92, Section 92.250.
The Agency agrees that it will cause each Contractor to comply
with the Housing Quality Standards, City of Lynwood Property
Standards, as applicable to the unit or project to be rehabilitated,
constructed, acquired or assisted with Funds, and that it will comply
with all local codes, rehabilitation standards, zoning ordinances,
cost effective energy conservation, and effectiveness standards (24
CFR part 39), and for new construction will meet the current edition
of the Model Energy Code published by the Council of American
Building Officials.
The Agency also agrees to carry out and cause each Contractor to
carry out each activity in compliance with all federal laws and
regulations as follows:
The Agency will cause each Contractor to comply with the
requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001-4128) and the Coastal Barrier Resources
Act (16 U.S.C. 3601).
The Agency will comply with the provisions of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321),
and applicable related environmental authorities at 24 CFR
Part 50.4, and HUD's implementing regulations at 24 CFR
Part 50.
The Agency will cause each Contractor to comply with the
requirements of the Fair Housing Act (42 U.S.C. 3601-19)
and implementing regulations at 24 CFR Part 100, art 109,
and Part 100; Executive Order 11063 (Equal Opportunity in
Housing) and implementing regulations at 24 CFR Part 107;
and the Civil Rights Act of 1964 (42 U.S.C. 2000)
(Nondiscrimination in Federally Assisted Programs) and
5
implementing regulations issued at 24 CFR Part 1, and will
affirmatively further fair housing.
The Agency will cause each Contractor to comply with the
Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR Part 146, which prohibit
discrimination because of age in programs and activities
receiving Federal financial assistance.
The Agency will cause each Contractor, as applicable, to
comply with Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), as amended, and with implementing
regulations at 24 CFR Part 8, which prohibit discrimination
based on handicap in Federally-assisted and conducted
programs and activities.
The Agency will cause each Contractor to comply with
Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701 ) (Employment Opportunities for Lower
Income Persons in Connection with Assisted Projects), and
with implementing regulations at 24 CFR 135.
The Agency will cause each Contractor to comply with the
requirements of Executive Order 11246 (Equal Employment
Opportunity) and all pertinent related regulations.
The Agency and each Contractor will comply with the
policies, guidelines, and requirements of OMB Circular No.
A-87 (Cost Principles Applicable to Grant, Contracts and
Other Agreement with State and Local Governments), 24
CFR Part 85 (Administrative Requirements for Grants, and
Cooperative Agreements to State, Local and Federally
Recognized Indian Tdbal Governments). A-110 (Grants and
Cooperative Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations), A-
122 (Cost Principles Applicable to Grants, Contracts and
Other Agreement with Nonprofit Institutions), and audit
requirements described in OMB Circular A-133 (Audits of
Institutions of Higher Learning and Other Nonprofit
Institutions or successor Circulars.
The Agency will cause each Contractor to provide drug-free
workplaces in accordance with the Drug-Free Workplace Act
of 1988 and HUD's implementing regulations at 24 CFR Part
35.
10.
11.
12.
13.
14.
15.
The Agency will cause each Contractor to comply with the
requirements of the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. 4821, et seq.) and implementing regulations
at 24 CFR Part 35.
The Agency and each Contractor will ensure that no person
has been or will be displaced from his or her dwelling as a
direct result of the homeownership program described in this
application. This does not preclude termination of tenancy
for violation of the terms of occupancy of a unit.
The Agency will ensure that no Federally appropriated funds
have been paid or will be paid, by or on behalf of any
Contractor, for lobbying the Executive or Legislative
Branches of the Federal Government.
The Agency will ensure that each Contractor and/or its
principals (a) are not presently debarred, suspended,
proposed for debarment, declared ineligible, or involuntarily
excluded from covered transactions (see 24 CFR 24.110) by
any Federal department or agency; (b) have not within a
period of ten (10) years been convicted of or had a civil
judgment rendered against them for commission of
embezzlement, theft, forgery, bdbery, falsification or
destruction of records, making also statement or receiving
stolen property; (c) are not presently indicted for or
otherwise criminally or civilly charged by a governmental
Agency (Federal, State or local) with commission of any of
the offenses enumerated in (b) of this certification; and (d)
have not within a three year period preceding this application
had one or more public transactions (Federal, State or local)
terminated for cause or default. Where a Contractor is
unable to certify to any of the statements in this certification,
it shall attach an statement of explanation for its inability to
certify.
The Agency will cause each Contractor to comply with State
and local codes and ordinance and other applicable laws.
The Agency and each Contractor will comply with conflict of
interest provisions referred in Section 530 of the Notice of
Program Guidelines 56 F.R. 4458, which provide that no
person who is an employee, agent, consultant, officer or
elected or appointed official of the Agency and who
exercises or has exercised any functions or responsibilities
with respect to assisted activities, or who is in a position to
participate in a decision-making process or gain inside
information with regard to such activities, may obtain a
financial interest or benefit from the activity, or have an
interest in any contract, subcontract, or agreement with
respect thereto, or the proceeds thereunder, either for
himself or herself or for those with whom he or she has
family or business ties, during his or her tenure or for one
year therafter.
16.
The Agency will cause each Contractor to comply with the
Davis-Bacon Act involving 12 or more units assisted with
HOME funds, as more fully defined in 24 CFR Part 92
Section 92.
17.
The Agency agrees and each Contractor shall comply with
all applicable program requirements described by the
Administrator, and the HOME regulations 24 CFR, Part 92
as applicable, and any amendments hereafter to the HOME
regulations and/or the Administrator program guidelines.
If the Contractor is a religious organization, the Agency shall cause
it to comply with 24 CFR, Part 92, and Section 92.257, which refers
to the regulation that the housing project undertaken by a religious
organization must be available to all persons regardless of religion,
and there must be no religious or membership criteria for tenants of
the property.
The Agency agrees to transfer to the Administrator any and all
Funds received from a Contractor at the completion of a project,
which exceeds the necessary amount of funds to complete the
project.
Upon expiration of this Agreement, the Agency agrees to transfer
to the Administrator any Funds on hand at the time of expiration
and any accounts receivable attributable to the Funds, unless said
funds are to be retained in a separate HOME account administered
by the Agency.
The Agency agrees to keep records and reports and submit same
to the Administrator, including but not restricted to:
1. Tenant occupancy by income and family size.
2. Documentation of inspections before, during and upon
completion of a project.
3. Annual site visits for affordability compliance for multifamily
units.
Biennual (every two years) site visits for a one to four
dwelling units.
Affirmative marketing outreach, such as clipped notices
and/or advertisements, or paid invoices for electronic media.
Equal opportunity and fair housing records including racial
and ethnic group and single headed household data,
Section 3 data, minority and female owned business data
and affirmative fair housing actions.
Census tracts where investments are made, according to
amount of Funds budgeted, committed and expended.
8. If new construction, records supporting certification for
eligibility.
9. Records for documenting the income of HOME
beneficiaries.
10. Program administration records as follows:
(a) Accounting records regarding the local HOME
Investment Trust Fund account and any separate HOME
accounts set up for repayments of invested HOME funds.
(b) Records documenting program income from HOME
assisted projects.
(c) Records of all HOME Program written agreements
and monitoring reviews.
(d) Records of audits.
7. Cooperation. The Agency and City agree to negotiate in good
faith and to cooperate in establishing the Project guidelines and implementing
documents, identifying suitable properties and sites within the target areas in the
City, and/or development, evaluating potential Project applicants and
participants, and supplying related housing information and analysis which are
pertinent to the Project and the subject matter of this Agreement.
8. Notices. Any notices, requests or approvals given under this
Agreement from one party to another may be personally delivered or deposited
with the United States Postal Service for mailing, postage prepaid, to the
address of the other party as stated in this paragraph, and shall be deemed to
have been given at the time of personal delivery or three (3) days after the date
of deposit for mailing. Notices shall be sent to:
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Lynwood Redevelopment Agency
11330 Bullis Rd.
Lynwood, CA 90262
Attention: City Manager
Attention: Executive Director
9. Amendment to ARreement. No modification, rescission, waiver,
release or amendment of any provision of this Agreement shall be made except
by a written agreement executed by both parties.
10. ~ement. This Agreement constitutes the entire
understanding and agreement of the parties. This Agreement integrates all of
the terms and conditions mentioned herein or incidental thereto, and supersedes
all prior and negotiations or agreements, discussions and previous agreements
between the City and Agency concerning all or any part of the subject matter of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Implementation
Agreement as of the date first set forth above.
City of Lynwood
Leticia Vasquez, Mayor
Lynwood Redevelopment Agency
N. Enrique Martinez, Executive Director
Attest:
Andrea L. Hooper, City Clerk
]0
APPROVEDASTOFORM:
Amoldo Beltran, City Attorney
1!
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
July 31, 2006
The Honorable Mayor and Members of the City Council
N. Enrique Martinez, City Manager
G. Daniel Ojeda, Director of Public Works/City Engineer
Miguel Alvarez, Civil Engineering Associate
Approval of Tract Map No. 60553
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING TRACT MAP NO. 60553."
Background:
Tentative Tract Map No. 60553 was conditionally approved by the Planning
Commission by Resolution 3066 on March 9, 2005. The final map is now ready
for City Council's approval. The Tract Map provides for the subdivision of twenty
nine (29) parcels into nine (9) lots in order to create nine (9) single family
residences in the Planned Residential Development Zone on Redwood Avenue
between State Street and Peach Street. The developer now desires to record the
tract map.
Discussion & Analysis:
When a development includes the submission and recordation of a parcel map or
tract map, the developer of the site has two options available in order to proceed
with the development of the site:
1. The developer records the parcel map/tract map with the County after all
on-site improvements and off-site improvements are complete and
accepted by the City. The County will not accept the parcel map/tract map
unless the City authorizes recordation.
2. The Developer submits a surety bond or monetary deposit to the City as a
guarantee that all off-site improvements will be completed per conditions
AGENDA
ITEM
set forth by the City. This allows the developer to proceed with the
development of the site and recordation of the parcel map/tract map
concurrently, prior to completion of all improvements. This option requires
an Agreement between the developer and the City.
The developer of 3125 - 3173 Redwood selected Option No. 1. A final inspection
was conducted and all off-site improvements are complete and accepted by the
Public Works Department.
Final Tract Map No. 60553 has been reviewed by the Los Angeles County
Engineer for accuracy and compliance with the State Subdivision Map Act and
the City's Subdivision Ordinance. It is now ready to be accepted by the City
Council.
Fiscal Impact:
There is no fiscal impact from the action recommended in this report.
Coordinated with:
City's Attorney, City Clerk's Office and Finance Department.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING TRACT MAP NO. 60553
WHEREAS, the development at 3125 - 3173 Redwood Avenue requires
the preparation and recordation of Tract Map No. 60553; and
WHEREAS, the developer of said development has completed all off-site
improvements required by Tract Map No. 60553; and
WHEREAS, the final Tract Map No. 60553 has been reviewed by the Los
Angeles County Engineer for accuracy and compliance with the State
Subdivision Map Act and the City's Subdivision Ordinance. It is now ready to be
accepted by the City Council.
NOW, THEREFORE, the City Council of the City of Lynwood does hereby
find, proclaim, order and resolve as follows:
Section 1. That the City Council approves the final Tract Map No. 60553.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 31st day of JULY, 2006.
ATTEST:
Leticia Vasquez, Mayor
City of Lynwood
Andrea L. Hooper, City Clerk
City of Lynwood
APPROVED AS TO FORM:
N. Enrique Mar[inez
City Manager
APPROVED AS TO CONTENT:
City Attorney
City of Lynwood
G. Daniel Ojeda, P.E.
Director of Public Works/
City Engineer
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing resolution was duly adopted by the City Council of said
City at a
AYES:
regular meeting thereof held in the City Hall of the City on the
day of
NOES:
,2006, and passed by the following vote:
ABSENT:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correct copy of Resolution No. on file in my office and that said resolution
was adopted on the date and by the vote therein stated.
Dated this day of ,2006.
City Clerk, City of Lynwood
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
July 31, 2006
Honorable Mayor & City Council Members __
N. Enrique Martinez, City Manager '~1~/~i~
G. Daniel Ojeda, P.E., Director of Public VV'~ks~ity Engineer
Rudolph Brown, Facility Service Manager
Award of Street Name Signs Replacement Project:
Project Number 05-5323
Recommendation:
Staff recommends that the City council adopt the attached resolution entitled,
"A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO MANERI SIGN COMPANY, INC., IN THE
AMOUNT OF $60,674.17 FOR THE STREET NAME SIGNS REPLACEMENT
PROJECT AT SIGNALIZED INTERSECTIONS, PROJECT NUMBER 05-5323,
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT".
Bao~ound:
On March 21, 2006, the City Council approved the use of general fund reserve
for the Street Name Signs Replacement Project at Signalized Intersections. The
project includes all labor, materials, and equipment necessary for the fabrication
and installation required for the Street Name Signs Replacement at Signalized
Intersections.
On June 15, 2006 the project was advertised for construction with fourteen (14)
Contractors requesting the plans and specifications. The bid opening took place
in the office of the City Clerk on June 29, 2006 with a total of five (5) bids being
submitted.
H:/PUBWORKS/wordfiles/COUNCIL/Cou06058 StreetName SignReplacementAt Signalizedlntersection. doc
AGENDA
n"EM
/0
1 Maneri Sign Company, Inc. $60,674.17
2 Freeway Electric $98,470.00
3 TDS Engineering $107,527.00
4 * Safeway Sign Company $48,550.00
5 * Main Street Signs $58,211.05
* Note: Bid rank number (4) and (5) submitted incomplete bids.
Discussion and Analysis:
Maneri Sign Company, Inc. was the apparent lowest bidder at $60,674.17 (see
attached bid analysis sheet). The lowest bid is within the engineers' estimate of
$60,000. The project will start ten (10) days after the Notice to Proceed is issued
and will take approximately 65 days to complete.
Fiscal Impact:
The funding for this project was appropriated from the General Fund during FY
2005-06. The funds are available in project account number 05-5323.
Coordinated With:
Finance Department, City Attorney's Office and City Manager's Office.
H:/PUBWORKS/wordfiles/COUNCIL/Cou06058 StreetNameSignReplacementAt Signalizedlnters¢ction. doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO MANERI SIGN COMPANY, INC., IN THE
AMOUNT OF $60,674.17 FOR THE STREET NAME SIGNS REPLACEMENT
PROJECT AT SIGNALIZED INTERSECTIONS, PROJECT NUMBER 0,5-5323,
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the Street Name Signs Replacement Project at Signalized
Intersections Project Number 05-5323 is scheduled for completion during FY
2006-2007; and
WHEREAS, the Street Name Signs Replacement Project at Signalized
Intersections Project is funded with General Funds; and
WHEREAS, the bid opening was held on June 15, 2006 and Maneri Sign
Company, Inc. was the apparent lowest bidder at $60,674.17; and
WHEREAS, a reference check has revealed that this contractor has the
necessary experience for this type of project.
NOW THEREFORE, the City Council of the City of Lynwood does hereby
find, proclaim, order and resolve as follows:
Section 1. That the contract for the Street Name Signs Replacement
Project at Signalized Intersections Project Number 05-5323, be awarded to
Maneri Sign Company, Inc., for its Iow bid of $60,674.17.
Section 2. That the Mayor is hereby authorized to execute the
agreement between the City of Lynwood and Maned Sign Company, Inc.; said
agreement in a form to be approved by the City Attorney.
Section 3.
adoption.
This resolution shall take effect immediately upon its
H:/PUBWORKS/wordfiles/COUNCIL/Cou06058 StreetNameSignReplacementAtSignalizedIntersection. d°c
PASSED, APPROVED and ADOPTED this 31st day of JULY, 2006.
A"FrEST:
Leticia Vasquez, Mayor
Andrea L. Hooper, City Clerk
N. Enrique Martinez, City Manager
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
City Attorney
G. Daniel Ojeda, Director of Public
Works/City Engineer
H:APUB WORKS/wordfiles/COLrNCIL/Cou06058 StreetNameSignReplacementAtSignalizedintersection.doc
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the city of Lynwood, do hereby certify that the above
and foregoing resolution was duly adopted by the City Council of the City of Lynwood
at a regular meeting held in the City Hall of said City on the day of
2006, and passed by the following vote:
AYES:
NOES:
ABSENT:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of
said City, do hereby certify that the above and forgoing is a full, true and correct copy of
Resolution No. on file in my office and that said resolution was adopted
on the date and by the vote therein stated.
Dated this day of ,2006.
City Clerk, City of Lynwood
H:~PUBWORKS/wordfiles/COUNCIL/Cou06058 StreetNameSignReplacementAt Signalizedlntersection. doc
RESOLUTION NO. ?006.045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE STREET NAME SIGNS REPLACEMENT PROJECT AT
SIGNALIZED INTERSECTIONS AND AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND
TRANSFER FOR THIS PROJECT
WHEREAS the City Council requested staff to upgrade the existing street
name s*gns at various signalized intersections ci ywde and
WHEREAS, such upgrade will enhance night time legibility of signs and
eliminate the e~ectrical usage; and
WHEREAS, the proiect consists of replacing the one hundred and twenty
e~ght existing street name signs for larger and more highly reflective new street
name signs which has been estimated to cost $70,000 and;
WHEREAS, the un-appropriated General fund is the only source of
funding available for this project
NOW THEREFORE, the City Council of the City of Lynwood does hereby find
proclam order and resolve as follows:
Section 1. That the City Council approves the Street Name Signs
Replacement Project at Signalized Intersections
Section 2. That the City Manager or designee is authorized to make the
following funds appropr*ation and transfer for the Street Name Signs
Replacement Project at Signalized Intersections
FROM
Un-appropriated General Fund
$70000
T_~O
Street Name Signs Replacement Project
at Signalized Intersections
Section 3. This resolution wifl take effect immediately upon its adoption
PASSED, APPROVED and ADOPTED thisjl~t --dayof~.¢h _2006.
ATTEST
ANDREA L HOOPER, City-Cler~-
City of Lynwood
L~TICIA VASQU~, Mayor
City of Lynwood ~
~t Manager
APPROVED AS TO FORM:
Cit'~ Attorney' --
Citt of Lynwood
APPROVED THIS CONTENT:
Director of Public Works /
City Engineer
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution was duly adopted by the City Council of the City
of Lynwood at a regular meeting held in the City Hall of said City on the
2I~L~_ day of_ Har~;~'~_~, 2006, and passed by the following vote:
AYES
NOES:
COUNCILMEN BYRD, JOHNSON, PEDROZA AND SANTILLAN
NONE
ABSTAIN: NONE
ABSENT NAYOR VASQUEZ
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
r, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correct copy of Resolution No 2D06.045 on file ,n my office and that
said resolution was adopted on the date and by the vote thereto stated
Dated this 21st day of Narc~, 2006
City Clerk, C~
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
July 31,2006
The Honorable Mayor and Members of the City Council
N. Enrique Martinez, City Manager -~.
G. Daniel Ojeda, P.E., Director of Public Works / City Engineer
Elias Saikaly, P.E., Capital Improvement Projects Manager
Lynwood City Hall Parking Lot Improvement Project
Project No. 05-5297
Recommendation:
Staff recommends that the Lynwood City Council adopt the attached resolution
entitled: "A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY
OF LYNWOOD AWARDING A CONTRACT TO WILLDAN FOR ITS
ENGINEERING SERVICES FOR THE DESIGN AND PREPARATION OF
CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR THE LYNWOOD
CITY HALL PARKING LOT IMPROVEMENT PROJECT, PROJECT NUMBER
05-5297 AT ITS PROPOSED RATE NOT TO EXCEED $48,600 IN TOTAL AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT."
Background:
On June 19, 2006, the Department of Public Works released a Request for
Proposals (RFP), for the design and preparation of construction drawings and
specifications for the Lynwood City Hall Parking Lot Improvement Project, Project
Number 05-5297. Eleven (11) proposals were sent out. Four (4) proposals were
received; one proposal did not include the cost for the design. Through the
evaluation process, the Department of Public Works has determined that Willdan
is the most qualified firm for the preparation of construction drawings and
specifications. The project is necessary in order to provide additional parking
spaces around the Lynwood Senior Citizen Center and is funded by the Lynwood
Utility Authority (LUA).
J:~PUBWORKS \wordfiles\COUNCIL\Cou06031PkgLotltem.doc
AGENDA
ITEM
/I
Discussion and Analysis:
Four (4) proposals were received as follows:
Firm Name:
Lump Sum:
Willdan $ 48,600
APA Engineering $ 54,308
NBCE $ 74,5O0
Gbolahan Ogunbiyi Assoc. lnc. N/A
Willdan is qualified to perform the design and preparation of construction
drawings and specifications for the Lynwood City Hall Parking Lot Improvement
Project.
Fiscal Impact:
The cost for the design services is not to exceed $48,600 and is included in the
existing LUA budget.
Coordination With:
Finance Department and Authority Counsel
J:~PUBWORKS \wordfiles\COLrNC IL\Cou0603 IPkgLotItem.doc
RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF
LYNWOOD AWARDING A CONTRACT TO WILLDAN FOR ITS
ENGINEERING SERVICES FOR THE DESIGN AND PREPARATION OF
CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR THE LYNWOOD
CITY HALL PARKING LOT IMPROVEMENT PROJECT, PROJECT NUMBER
05-5297 AT ITS PROPOSED RATE NOT TO EXCEED $48,600 IN TOTAL AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the Lynwood City Hall Parking Lot Improvement Project will
be funded by the Lynwood Utility Authority (LUA) through the Lynwood Senior
Citizen Center Building Construction Project; and
WHEREAS, the Department of Public Works released a Requests for
Proposals (RFP), for the design and preparation of construction drawings and
specifications for the Lynwood City Hall Parking Lot Improvement Project to
Eleven (11) Consultants. Four (4) proposals were received; and
WHEREAS, Willdan is the most qualified to perform the design and
preparation of construction drawings and specifications for the Lynwood City Hall
Parking Lot Improvement Project; and
WHEREAS, Willdan is willing to provide design services for the Lynwood
City Hall Parking Lot Improvement Project based on its proposed rate; and
WHEREAS, the service cost is not to exceed $48,600 in total.
NOW THEREFORE, the City Council of the City of Lynwood does hereby
find, proclaim, order and resolve as follows:
Section 1. That the City of Lynwood awards a contract in the amount
not to exceed $48,600 to Wildan for its design services to prepare construction
drawings and specifications for the Lynwood City Hall Parking Lot Improvement
Project.
Section 2. That the Mayor is authorized to execute the agreement in a
form to be approved by City Attorney.
Section 3. That this resolution shall take effect immediately upon its
adoption.
J:~PUBWORKS\wordfiles\COUNCIL\Cou06031PkgLotltem.doc
PASSED, APPROVED and ADOPTED this 31st day of July, 2006.
ATTEST:
Leticia Vasquez, Mayor
City of Lynwood
Andrea L. Hooper, City Clerk
City of Lynwood
N. Enrique Martinez, City Manager
City of Lynwood
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
City Attorney
City of Lynwood
G. Daniel Ojeda, P.E.
Director of Public Works / City Engineer
City of Lynwood
J:~PUBWORKS\wordfiles\COUNCIL\Cou06031 PkgLotltem.doc
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing resolution was duly adopted by the City Council of the
City of Lynwood at a regular meeting held in the City Hall of said City on the day
of
AYES:
NOES:
ABSENT:
,2006, and passed by the following vote:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this day of ~, 2006.
City Clerk, City of Lynwood
J:LPUBWORKS\wordfiles\COUNCIL\Cou06031PkgLotltem.doc
June 26, 2006
Mr. Elias Saikaly
Capital Improvement Projects Manager
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Subject: Proposal for Professional Services for the City
Campus Parking Lot Reconstruction Project
Dear Mr. Ojeda:
Willdan is pleased to be given the opportunity to submit this proposal to provide engineering design,
design survey, utility coordination, contract administration, construction observation, construction
survey, and matedal and soil testing services for the City's Campus Parking Lot Reconstruction
project.
It is our understanding that the project includes replacement of the parking lots existing pavement
with new asphalt concrete pavement, construction of curb, curb and gutter, PCC walkway, planter,
landscape and irrigation modification, parking lighting, striping and NPDES compliance.
SCOPE OF SERVICES
We propose to provide the following basic services for the project:
Preliminary Design Phase
1. Confer with City staff to review, in full detail, the requirements for the project.
Perform research at the City of Lynwood and Los Angeles County for as-built plans and
utility information.
6.
7.
8.
9.
Conduct a field investigation to verify existing topographic conditions and identify any special
conditions.
Develop base drawings.
a. Plot survey data.
b. Identify and plot apparent substructures.
c. Conduct field verification of survey data.
Develop preliminary parking lot plans at a horizontal scale of 1"=20'. The plans will show
proposed parking lot pavement elevations.
Develop preliminary signing and striping plans for the parking lots. The plans will be at a
horizontal scale of 1"=20'.
Develop preliminary lighting plans for the parking lot. The plans will be at a horizontal scale
of 1"=20'.
Develop preliminary landscaping and irrigation plans at a horizontal scale of 1"=20'.
Develop preliminary plans that are in compliance with the NPDES requirements.
June 26,2006
Page 2
10. Develop demolition plan for existing structures and surface improvements.
11. Develop preliminary cost estimates.
12. Submit preliminary design plans (75% complete) to City, all affected agencies and utility
companies for review.
Final Design Phase
1. Based on the City's and utility companies' comments and requirements, revise plans.
2. Prepare detailed final plans and attend coordination meetings, as necessary, with City
personnel and utility companies at various times during the design phase to obtain additional
input and review work.
3. Prepare specifications and contract documents to conform to applicable requirements of the
City of Lynwood.
4. Prepare final project cost estimates.
5. Submit original Mylars and project specifications, and digital files of each, to the City of
Lynwood.
6. Provide the City with 3 sets of final plans and specifications
Design Survey
1. Perform research at Los Angeles County and the City of Lynwood for survey information,
2. Obtain existing elevations utilizing electronic field data collection methods to establish
accurate profiles.
3. Obtain topographic feature locations for a complete and accurate representation of existing
conditions of the parking lots.
Utility Coordination
1. Submit preliminary notification to all affected agencies and utility companies of proposed
project improvements.
2. Coordinate with utility companies to disconnect any services no longer necessary.
Coordinate with utility companies to provide for any proposed utility improvements prior to
construction.
Submit preliminary and final plans to all affected agencies and utility companies for review.
Send notification of preconstruction conference to affected utility companies. (Optional)
Attend preconstruction conference. (Optional)
June 26, 2006
Page 3
7. Review project scope of work with each utility company at the preconstruction conference;
review possible conflicts; and work with each utility to assure that specific needs of the
project are understood. (Optional)
8. Coordinate with utility companies to provide for relocation/adjustment of existing facilities
necessary due to the proposed improvements. (Optional)
9. Coordinate with the City construction observer during construction to expedite the
identification of any unknown utilities found during excavation. (Optional)
OPTIONAL SERVICES
Contract Administration
1. Respond to questions during the advertising phase.
2. Prepare project addenda, as necessary.
3. Review and analyze bid results and prepare bid summary.
4. Verify contractor's references, bonding, insurance, and contractor's license.
5. Provide recommendation to award project.
6. Attend preconstruction conference and prepare minutes.
7. Provide contract administration for proper enforcement of the contract plans and
specifications.
8. Provide engineering support, as needed, to make as-built revisions to the original plans.
9. Coordinate the efforts between the City and the contractor.
10. Review and recommend progress payment requests.
11. Answer inquiries and complaints for the City relating to the project.
Construction Observation
1. Provide weekly, monthly, and final reports, as necessary.
2. Provide daily construction observation during the construction pedod.
3. Provide copies of daily construction observation reports on a weekly basis, if requested.
4. Provide necessary coordination with other agencies to provide final inspection of the project.
5. Perform as-built corrections on original drawings.
6. Provide report to the City following final inspection stating that the project has been
completed, and provide necessary data for City acceptance of the project.
June 26, 2006
Page 4
Material and Soil Testing
1. Review AC and PCC mix designs for the project.
2. Provide maximum density for subgrade soil.
3. Provide nuclear subgrade compaction testing.
Services to be Provided by the City:
1. Existing design survey information.
2. Pavement thickness for proposed parking lot pavement.
3. As-built record drawings of existing parking lots.
4. List of utility companies/agencies serving proposed site.
SCHEDULE
75% completed plans will be submitted to the City within 20 working days of the notice-to-proceed.
Pending prompt review by the City, final plans will be submitted to the City 30 working days after the
notice-to-proceed.
FEE
Our proposed fees for the above scope of services are as follows:
Design Phase
· Preliminary and Final Design $38,700
· Design Survey 8,400
· Utility Coordination 1,500
Total Not-to-Exceed Fee
$48,600
Construction Phase (Optional)
Utility Coordination
Contract Administration
Construction Observation
Material and Soil Testing
Construction Staking
$2,200
5,200
33,200
4,500
6,500
Total Not-to-Exceed Fee
$51,600
The construction contract period is estimated to be 35 working days. Compensation for weekend
inspection and inspection beyond the allocated working days and hours of the construction contract
will be on a time-and-materials basis.
June 26, 2006
Page 5
Thank you for giving us the opportunity to assist the City of Lynwood. If you have any questions,
please contact me at (562) 908-6214.
Respectfully submitted,
WILLDAN/~(,~~ ~
William C. Pagett, P.E.
Senior Vice President
AC:mh
95610-06\06-140\P06-131R1
DRAFT CONTRACT
CONSULTING SERVICES AGREEMENT
This agreement ("Agreement") is made as of July 31, 2006 by and between the City of
Lynwood, a municipal corporation CCity") and Wildan. ("Consultant"). City and Consultant
are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the
"Parties."
RECITALS
WHEREAS, City desires to utilize the services of Consultant as an independent
contractor to provide consulting services to City as set forth in the attached Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Consultant are as described in Exhibit A.
B. Time of Performance. Consultant shall complete the specific services according to
the schedule of performance which is also set forth in Exhibit A.
2. Term of Agreement. This Agreement shall commence on July 31, 2006 (the
"Commencement Date") and shall terminate as deemed necessary by the Director of Public
Works or his/her designee or 6 month after the commencement date.-whichever comes in
first in time, (the "Termination Date"), unless sooner terminated pursuant to the provisions of
this Agreement. On or before ninety (90) days prior to the Termination Date, Consultant and
City shall meet to discuss this Agreement and its possible extension and or modification. In the
event the Parties do not enter into a new agreement prior to the Termination Date, this
Agreement shall continue on a month-to-month basis under the same terms for a period not to
exceed three months following the Termination Date. If the Parties execute no new agreement
by the end of the three-month period following the Termination Date, this Agreement shall
terminate at the end of such three-month period.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in
compliance with the schedule set forth in Exhibit A. Payment will be made only after
submission of proper monthly invoices in the form and manner specified by City. Each invoice
shall include a breakdown of all monthly services performed together with the hours spent on
each service.
DRAFT CONTRACT
B. Total payment to Consultant pursuant to this Agreement shall not exceed Forty Eight
Thousand Six Hundred Dollars ($48,600), which shall be payable in monthly installments. In
the event that this Agreement continues beyond the Tem'fination Date as specified in Section 2,
the total additional payment to Consultant in the event no new agreement is signed shall not
exceed the additional number of hours approved by the City Engineer or his/her designee.
For each month of extension or the appropriate prorated amounts if less than a full month of
additional services is involved at any time.
C. If at the request of the City, Consultant is required to incur out of pocket expenses
(including but not limited to, out-of-town lravel and lodging) which are above and beyond the
ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to
reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which:
(i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written
authorization for Consultant to incur such expenses; and (iii) receipts documenting such
expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between
the General Terms and Conditions and any other exhibit to this Agreement, the General Terms
and Conditions shall control unless it is clear from the context that both parties intend the
provisions of the other exhibit(s) to control.
5. Addresses.
City
City ofLynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Mr.N. EnriqueMartinez, CityManager
Consultant
Wildan
513191 Crossroads Parkway North, SuRe 405
Industry, CA 91746-3497
Attn: William C. PageR, Senior Vice President
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated
and made part of this Agreement by this reference.
Exhibit A - Scope of Services and Time of Performance
Exhibit B - General Terms and Conditions (seven (7) pages)
///
DRAFT CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
written below.
CITY
CITY OF LYNWOOD
By:
Leticia Vasquez, Mayor
Date
CONSULTANT
Wildan
By:
ATTEST:
By:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
By:
J. Amoldo Beltnin, City Attomey
Date
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status asIndependent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant's employees, except as set forth in
this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its
agents or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency
regarding the independent contractor status of Consultant and the audit in any way fails to sustain
the validity of a wholly independent contractor relationship between City and Consultant, then
Consultant agrees to reimburse City for all costs, including accounfmg and attorney's fees,
arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable worker's compensation laws.
City shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant's failure to
promptly pay to City any reimbursement or indemnification arising under this Section 1.
2. Standard of Performance.
A. Consultant shall perform all work to the current prevailing professional standards and
in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager
or his/her designee may from time to time assign additional or different tasks or services to
Consultant, provided such tasks are within the scope of services described in Exhibit A.
However, no additional or different tasks or services shall be performed by Consultant other than
those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager
or his/her designee.
B. The Director of Public Works shall, until further notice to Consultant, administer this
Agreement and provide for immediate supervision of Consultant with respect to the services to
be provided hereunder.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and
duties agreed to be performed under this Agreement, and City is relying upon the skill and
Cip06090Dra0X2ontract Exhibit B
knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemnitees") shall have no
liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect
and hold harmless Indemnitees from and against, any and ail liabilities, claims, actions, causes
of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of
whatever nature, including reasonable attorneys' fees and disbursements (collectively
"Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become
subject by reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or other loss occurring to the extent caused by
and as a result of the Consultant's performance of or failure to perform any services under this
Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers,
directors, subcontractors, subconsultants or employees, committed in performing any of the
services under this Agreement. Notwithstanding the foregoing, the provisions of this
subsection shail not apply to Claims occurring as a result of the City's negligence or willful
acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, subconsultant 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 in this Section, Consultant agrees to be fully responsible according to the
terms of this Section. Failure of the City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shail
survive the termination of this Agreement and is in addition to any fights which City may
have under the law. This indemnity is effective without reference to the existence or
applicability of any insurance coverages which may have been required under this Agreement
or any additionai insured endorsements which may extend to City.
4. Insurance.
A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section
3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense
during the term of this Agreement the types and amounts of insurance as described below:
(i) Commemiai General Liability Insurance using Insurance Services Office
Commemial Generai Liability form CG 00 01 or the exact equivalent. Defense costs
must be paid in addition to limits. There shail be no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than $1,000,000
per occurrence for ail covered losses and no less than $2,000,000 generai aggregate.
(ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
including symbol I (Any Auto) or the exact equivalent. Limits shail be no less than
1,000,000 per accident, combined single limit. If consultant owns no vehicles, this
Cip06090DraflContract
Exhibit B
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described in the preceding subsection. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
(iii) Workers' Compensation insurance on a state approved policy form providing
statutory benefits as required by law with employer's liability limits no less than
$1,000,000 per accident for all covered losses.;
(iv) Professional Liability or Errors and Omissions Insurance as appropriate to the
profession, written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement.
The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The
policy must "pay on behalf off the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective
date of this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional
insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance procured pursuant to these requirements shall be written by insurers that
are admitted carriers in the state of California with a Best's rating of no less than A:VII.
D. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to
CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of
Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not
cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (i) insurance certificates indicating compliance with
the minimum worker's compensation insurance requirements above, and (ii) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not
less that one (1) day prior to beginning of performance under this Agreement. Endorsements
shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement".
F. The Consultant's insurance shall be primary as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the City,
its officers, officials, employees and volunteers shall be excess of the Consultant's insurance
and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect, and such insurance is available at a reasonable cost, City may take out the necessary
Cip06090DraRCon~act Exhibit B
insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation
of Consultant and the cost of such insurance may be deducted, at the option of City, from
payments due Consultant.
5. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that 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 written authorization by City. City shall grant such authorization if disclosure is
required by law. All City data shall be returned to City upon the termination of this Agreement.
Consultant's covenant under this section shall survive the termination of this Agreement.
6. Ownership of Work Product. All reports, documents or other written material
developed by Consultant in the performance of this Agreement shall be and remain the property
of City without restriction or limitation upon its use or dissemination by City. Such material
shall not be the subject ora copyright application by Consultant.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Consultant further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid
the appearance of having any interest which would conflict in any manner with the performance
of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of
this Agreement, or the services that may be procured by the City as a result of the
recommendations made by Consultant. Consultant's covenant under this section shall survive the
termination of this Agreement.
8. Termination for Cause. Should Consultant fail to perform any of the obligations
required of Consultant within the time and in the manner provided for under this Agreement
within seven (7) days after receipt from City of a written notice of such default, or should
Consultant violate any of the terms and conditions of the Agreement, City may terminate this
Agreement with cause upon thirty (30) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination. Consultant agrees that
in the event of such termination, City's obligation to pay Consultant shall be limited to payment
only for those services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services, preserve the product of the services, and mm over to City the product of the
services in accordance with written instruction of City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all
Cip06090DrafiContract Exhibit B
personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Consultant or under its supervision, and all personnel
engaged in the work shall be qualified to perform such services. Consultant reserves the right to
determine the assignment of its own employees to the performance of Consultant's services
under this Agreement, but City reserves the right, for good cause, to require Consultant to
exclude any employee fi.om performing services on City's premises.
10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted
documentation acceptable to the City Manager, establishing that it is financially solvent, such
that it can reasonably be expected to perform the services required by this Agreement. Within
thirty (30) days of the first anniversary of the effective date of this Agreement, and each year
thereafter throughout the term of this Agreement, Consultant shall submit such financial
information as may be appropriate to establish to the satisfaction of the City Manager that
Consultant is in at least as sound a financial position as was the case prior to entering into this
Agreement. Financial information submitted to the City Manager shall be returned to Consultant
after review and shall not be retained by City.
11. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
c°mply with all roles and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultant's obligations hereunder, without the prior written consent
of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or
obligations arising hereunder shall be void and of no effect.
13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of
the first anniversary of the effective date of this Agreement, and each year thereafter throughout
the term of this Agreement. The work product required by this Agreement shall be utilized as
Cip06090DraftContract
Exhibit B
the basis for review, and any comments or complaints received by City during the review period,
either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing
the written report. If any noncompliance with the Agreement is found, City may direct
Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as
provided herein.
14. Compliance with Laws. Consultant shall keep itself informed of State~ Federal and
Local laws, ordinances, codes and regulations which in any manner affect those employed by it
or in any way affect the performance of its service pursuant to this Agreement. The Consultant
shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers
and employees shall not be liable at law or in equity occasioned by failure of Consultant to
comply with this Section.
15. Licenses. At all times during the term of this Agreement, Consultant shall have in full
force and effect all licenses (including a City business license) required of it by law for
performance of the services hereunder.
16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Consultant, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
17. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement,
the prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including reasonable attorney's fees and costs, including costs of expert witnesses and
consultants.
18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during Consultant's regular
business hours or by facsimile before or during Consultant's regular business hours; or (b) on the
third business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section.
19. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
20. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
21. Severability. If any provision or any part of any provision of this Agreement is found
Cip06090DraflContxact
Exhibit B
to be invalid or unenforceable, the balance of this Agreement shall remain in full fome and
effect.
22. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid if signed by the Mayor and attested by the City Clerk.
23. Authority. The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
Cip06090DraRCon~ract Exhibit B
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
July 31,2006
The Honorable Mayor and Members of th.e City Council
N. Enrique Martinez, City Manager
G. Daniel Ojeda, P.E., Director of Public Works/Ci~ Engineer
Elias Saikaly, P.E., Capital Improvement Projects Manager
City Hall Annex, City Hall and City Hall North Rehabilitation
Project
Project No. 05-5189
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING THE EXISTING CONTRACT WITH WESTGROUP DESIGNS, INC.
(AMENDMENT NUMBER 2) IN THE AMOUNT OF $18,450 FOR ADDITIONAL
ADA IMPROVEMENTS; AS PART OF THE (ADA IMPROVEMENTS
ELECTRICAL, STRUCTURAL, AND ARCHITECTURAL SERVICES FOR THE
CITY HALL ANNEX, CITY HALL, AND CITY HALL NORTH REHABILITATION
PROJECT), PROJECT NUMBER 05-5189, AND AUTHORIZING THE MAYOR
TO EXECUTE THE CONTRACT AMENDMENT."
BACKGROUND:
On March 1, 2005, the City Council awarded a contract to Westgroup Designs,
Inc. for consulting and design services for the City Hall Annex, City Hall and City
Hall North Rehabilitation Project, Project No. 05-5189, for a total fee of $137,005.
DISCUSSION AND ANALYSIS:
On April 26, 2006, a Housing & Urban Development (HUD) representative
expressed concerns regarding non-ADA (Americans with Disabilities Act)
compliance in some City Hall buildings. Further inspection by the Department of
Public Works revealed that hallway doors, stairways, existing ramps, public
counters, lunchroom, and restrooms are not in compliance. All items mentioned
except the restrooms are not part of the original contract with Westgroup
Designs, Inc. In order to expedite the construction of the City Hall ADA plans, the
City has requested from Westgroup Designs, Inc. to provide architectural,
structural and engineering services for plans and documents pertaining to the
City Hall ADA. Furthermore, the Department of Public Works has also requested
Westgroup Designs, Inc. to provide immediate architectural plans and documents
Cou06028 WestgroupAnnexAmendment2 Item
"AGENDA'
~M
/?.-
pertaining to the restrooms. Westgroup Designs, Inc. has submitted its proposal
to complete City's request at a nominal fee not to exceed $18,450.
Staff recommends that the City Council approve contract amendment No. 2 for
Westgroup Designs, Inc. in the amount of $18,450. This will bring the total
contract amount to $164,045. The fee proposal from Westgroup Designs, Inc. is
attached.
FISCAL IMPACT:
The initial project budget is adequate to cover the recommended contract
Amendment Number 2. This Project is funded by the Community Development
Block Grant (CDBG) and the Lynwood Utility Authority (LU^). With the addition to
the first contract amendment in the amount of $8,590. The new total contract
amount will be of $164,045.
COORDINATED WITH:
Finance Department and City Attorney's Office.
Cou06028WestgroupAnnexArnendment2Item
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING THE EXISTING CONTRACT WITH
WESTGROUP DESIGNS, INC. (AMENDMENT NUMBER 2) IN THE
AMOUNT OF $18,450 FOR ADDITIONAL ADA IMPROVEMENTS,
ELECTRICAL, STRUCTURAL, AND ARCHITECTURAL SERVICES
FOR THE CITY HALL ANNEX, CITY HALL, AND CITY HALL NORTH
REHABILITATION PROJECT, PROJECT NUMBER 05-5189, AND
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
AMENDMENT
WHEREAS, on March 1, 2005, the City Council awarded a contract
to Westgroup Designs, Inc. for consulting and design services for the City Hall
Annex, City Hall, and City Hall North Rehabilitation Project; and
WHEREAS, in order to meet ADA requirements at City Hall,
adjustments need to be made to existing restroom areas, doorways, public
counters, and ramp areas; and
WHEREAS, this additional design work is beyond the original
scope of work and Westgroup Designs, Inc. has requested additional
compensation for said work; and
WHEREAS, staff has negotiated a fee of $18,450 with Westgroup
Designs, Inc. for the additional ADA improvements to restroom areas, doorways,
and public counters at the City Hall.
NOW, THEREFORE, the City Council of the City of Lynwood does
hereby find, proclaim, order and resolve as follows:
Section '1. That the existing contract with Westgroup Designs, Inc.
be amended (Amendment Number 2) by $18,450 for the additional ADA
improvements at the City Hall. In addition to the first contract amendment in the
amount of $8,590 introduced to the City Council back on December 6, 2005, this
would bring the new total contract amount to $164,045.
Section 2. That the Mayor is authorized to execute contract
Amendment Number 2.
adoption.
.Section 3. This resolution shall take effect immediately upon its
PASSED, APPROVED and ADOPTED this 1st day of August, 2006.
Cou06028 WestgroupAnnexAmendment2 item
ATTEST:
LETICIA VASQUEZ, Mayor
City of Lynwood
ANDREA L. HOOPER,
City Clerk
N. ENRIQUE MARTINEZ,
City Manager
APPROVED AS TO FORM:
APPROVED THIS CONTENT:
CITY A'I-FORNEY,
City of Lynwood
G. DANIEL OJEDA, P.E.
Director of Public Works / City Engineer
Cou06028WestgroupAnnexAmendment2Item
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing resolution was duly adopted by the City Council of the
City of Lynwood at a regular meeting held in the City Hall of said City on the day
of ,2006, and passed by the following vote:
AYES:
NOES:
ABSENT:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this
day of ,2006.
City Clerk, City of Lynwood
Cou06028 WestgroupAnnexAmendment2item
Architecture Planning
Interior Designs
EXHIBIT A
Re: ADA Assessment and Construction Documents - CITY HALL
The following is description of the work and the fee proposal.
1.0
2.0
3.0
4.0
5.0
PROJECT DESCRIPTION / PROGRAM - The project consists of an assessment of the following ADA
conditions and Construction Documents to correct discrepancies to the code:
Existing Restmoms remodeling
· Existing Kitchen (Break room area) Remodeling
· Existing Doom and Hardware
Existing Public Counters (2) at:
Clerk/reception area
Supply Room
Existing Ramps and handrails
Existing Stairs
PROGRAM VERIFICATION / ASSESSMENT / DESIGN PHASE
· It is our understanding that the program covers remodeling of the existing spaces (no expansion or
additions). WGD wiJl visit the site to meet with the client, measure, photograph and assess existing
conditions related to the scope above.
DESIGN DEVEOPMENT PHASE - Based on our understanding of the project; client's program approval, as-
builds and field verification/Assessment; WGD will:
Prepare computerized base sheet of the areas of concern.
CONSTRUCTION DOCUMENT- Based on client's design option selection WGD will:
Prepare demolition plan
· Dimensioned Floor Plan
· Necessary detailed drawings
Final Design and Construction Documents that will be submitted to the city for approval.
ASSUMPTIONS/EXCLUSIONS _ Based on our undemtanding, the following areas and tasks are not
included in the scope of the work:
Archive Room
Council Chambers
Council Chambem Conference Room and Restreom
Signage
Path of Travel
Site, Exterior or other issues
19772 MacArthur Bird, Suite 100
I r vine. CA 92612
P 949-250-(1880
F 949~250~0882
wwxv westgroupdesign$ corn
6.0 FEE
The fee proposal for the architectural and engineering services described above is a rump sum fee of:
DOLLARS TWELVE THOUSAND FOUR HUNDRED AND FIFTY ($18,450.00)
6.0 REIMBURSABLE EXPENSES
Reimbursable expenses wilJ be billed monthly for items such as printing and reprographic charges, postage and
messenger services requested by the Client and permit fees. Ail reimbursable expenses wil~ be bitled at cost plus
10%. The client will authorize all such expenses before execution by WGD.
7.0 ADDITIONAL SERVICES
Any additional services, upon written approval by the Client, wiJ~ be bi~ed hourJy or as an agreed upon Jump sum fee.
^dditionaJ services wil~ include items such as an increased scope of wor~, additional drawing packages beyond those
included in the scope of services and excluded services or construction administration services as described above.
TERMINATION, SUSPENSION OR ABANDONMENT
In th~ event of termination, suspension or abandonment of the project, Westgroup shall be equitably compensated for
servrces perfonmed. Failure of the Owner to make payments in accordance with this proposed agreement sha~l be
considered substantial nonperformance and is sufficient cause for Westgroup to either suspend or terminate services.
Either the Client or Westgroup may terminate this Agreement after giving no tess than seven days' written notice if
the other party substantiaJ~y fairs to perfonm in accordance with the terms of this Agreement.
SUMMARY
This proposal is based on our understanding of the project scope of serv cas developed to date rf the scope of
sDe~i~nsS' is altered the proposal sharl be adjusted according y to the mutual satisfaction of both ~lient and Westgroup
The Client acknowledges the risk and unknowns involved in design and construction, and agrees to limit our
professional Jiability and any expenses adsing out of or related to any wor~ no greater than amount of our fees paid
under this proposal
9772 MacArtlmr BNd, Suite
I rvrn¢,CA 926 [ 2
P 949-250-0880
F 949- 2 $0-0882
wx~,' wcs~groupdes~gns eom
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
July 31, 2006
The Honorable Mayor and Members of the City Council
N. Enrique Martinez, City Manager
G. Daniel Ojeda, P.E., Director of Public Works/City Engineer
Elias Saikaly, P.E., Capital Improvement Projects Manager
Award of Design Contract Ham Park Replacement Project
Project Number 05-5295
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO LPA, INC. FOR ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE DESIGN AND PREPARATION OF
CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR THE HAM PARK
REPLACEMENT PROJECT IN THE AMOUNT OF $775,012 AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT."
BACKGROUND:
On December 19, 2005, the City of Lynwood released a Request for Proposals
(RFP), for the design and preparation of construction drawings and specifications
for the Ham Park Replacement Project. Forty-two (42) RFP's were sent out, and
seventeen (17) proposals were received.
DISCUSSION AND ANALYSIS:
Staff reviewed the seventeen (17) proposals and six (6) consultants were invited
for interviews. On March 22, 2006, an outside panel conducted the oral
interviews. The panel utilized the evaluation form (see attached) to rank the
firms. The panel ranked the six consultant firms from 1 to 6 as follows: LPA, Inc.,
RJM Design Group, David Evans & Associates, Schimdt Design Group, Tatsumi
and Partners and Willdan. Staff has met with the top ranked firm, LPA, Inc. and
has negotiated a total design cost of $775,012. The negotiated amount includes
a preliminary site investigation, community consensus building, design
development and construction documents. (See attached proposal.)
Staff recommends that City Council approve a contract with LPA, Inc. in th
amount of $775,012 for the Ham Park Replacement Project.
Cou06063HamParkltem
AGENDA
rrEM
FISCAL IMPACT:
The design contract in the amount of $775,012 is included in the fiscal year
2006-2007 budget for the Ham Park Replacement Project.
COORDINATED WITH:
Finance Department, City Clerk's Office and City Attorney's Office.
Cou06063HamParkltem
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AWARDING A CONTRACT TO LPA, INC. FOR
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE
DESIGN AND PREPARATION OF CONSTRUCTION DRAWINGS AND
SPECIFICATIONS FOR THE HAM PARK REPLACEMENT PROJECT
IN THE AMOUNT OF $775,012 AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, On December 19, 2005, the City of Lynwood released
a Request for Proposals (RFP), for the design and preparation of construction
drawings and specifications for the Ham Park Replacement Project; and
WHEREAS, Forty-two (42) RFP's were sent out and seventeen
(17) proposals were received; and
WHEREAS, Staff reviewed the seventeen (17) proposals and
invited six (6) consultants for interview; and
WHEREAS, On March 22, 2006, an outside panel was invited to
conduct the oral interview with the consultants and ranked LPA, Inc. to be the
most qualified firm; and
WHEREAS, Staff has met with LPA, Inc. and has negotiated a
total design cost of $775,012 that includes a preliminary site investigation,
community consensus building, design development and construction
documents.
NOW, THEREFORE, the City Council of the City of Lynwood does
hereby find, proclaim, order and resolve as follows:
Section 1. That the Lynwood City Council awards a contract to
LPA, Inc. in the amount of $775,012 for the Ham Park Replacement Project,
Project number 05-5295.
Section 2. That the Mayor is authorized to execute the contract
between the City of Lynwood and LPA, Inc. in a form to be approved by the City
Attorney.
adoption.
Section 3. This resolution shall take effect immediately upon its
Cou06063HamParkltem
PASSED, APPROVED and ADOPTED this 31st day of July, 2006.
A'VrEST:
LETICIA VASQUEZ, Mayor
City of Lynwood
ANDREA L. HOOPER,
City Clerk
N. ENRIQUE MARTINEZ,
City Manager
APPROVED AS TO FORM:
APPROVED THIS CONTENT:
CITY ATTORNEY,
City of Lynwood
G. DANIEL OJEDA, P.E.
Director of Public Works / City Engineer
Cou06063HamParkItem
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
I, the Undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing resolution was duly adopted by the City Council of the
City of Lynwood at a regu/ar meeting held in the City Hall of said City on the day
of
~, 2006, and passed by the following vote:
AYES:
NOES:
ABSENT:
City Clerk, C/ty of Lynwood --------
STATE OF CALIFORNIA )
~ SS.
COUNTY OF LOS ANGELES )
I, the Undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No.
~ on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this
~ day of
~, 2006.
City Clerk, City of Lynwood
C°uO606 3 HamParkltem
CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
HAM PARK DESIGN SERVICES
EVALUATION FORM
Reviewer:
Firm Evaluated:
Criterion
Date:
Score
(o-lo)
A. Overall presentation quality and completeness
QUESTIONS
1. Describe your firm's experience on similar size
and type of projects?
2. Describe what ideas and innovations you have to
make this a signature park?
3. What is your firm's experience with LEED certified
buildings?
4. How will your firm approach the community
outreach phase of this project?
5. Why should the City select your firm for the design
of this project?
TOTAL
H:Cip06016RFPharnprkeva ulation
CONSULTING SERVICES AGREEMENT
This agreement ("Agreement") is made as of this-- day of ..... , pursuant to Resolution
No. 2006.-- by and between the City of Lynwood, a municipal corporation ("City") and ......
("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a
"Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, City desires to utilize the services of Consultant as an independent
contractor to provide consulting services to City as set forth in the attached Exhibit A; excluding
the Terms and Conditions section, and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Consultant are as described in Exhibit A, which shall not exceed $ ....... .00. Consultant shall
coordinate the work with City staff. The City Engineer shall obtain whatever reviews,
comments, coordination and approvals for the implementation of the ............ and the
appropriate agencies, divisions, and departments of the City, which may be participating in the
programs. Consultant shall advise and inform the City Engineer of work in progress of the
Programs in sufficient detail to assist the City Engineer in making presentations and in
conducing essential informational exchange meetings.
B. Time of Performance. Consultant shall complete the specific services according to
the schedule of performance which is also set forth in Exhibit A.
2. Term of Agreement. This Agreement shall commence on ---, 2006 (the
"Commencement Date") and shall terminate on ...... ,2006 (the "Termination Date"), unless
sooner terminated pursuant to the provisions of this Agreement. On or before ninety (90) days
prior to the Termination Date, Consultant and City shall meet to discuss this Agreement and its
possible extension and or modification. In the event the Parties do not enter into a new
agreement prior to the Termination Date, this Agreement shall continue on a month-to-month
basis under the same terms for a period not to exceed three months following the Termination
Date. If the Parties execute no new agreement by the end of the three-month period following
the Termination Date, this Agreement shall terminate at the end of such three-month period.
Consulting Services Agreement
DRAFT AGREEMENT
3. Compensation.
· A. City agrees to compensate Consultant for services under this Agreement in
compliance with the schedule set forth in Exhibit A, which shall not exceed $ .......00.
Payment will be made only after submission of proper monthly invoices in the form and manner
specified by City. Each invoice shall include a breakdown of all monthly services performed
together with the hours spent on each service.
B. Total payment to Consultant pursuant to this Agreement shall not exceed twenty-
three thousand, nine hundred and ten dollars, and ($23,910.00). City shall pay Consultant for
consulting services performed by Consultant which in thirty (30) days following approval by
City of original invoices therefore, the respective fees set forth in Exhibit A. In the event that
this Agreement continues beyond the Termination Date as specified in Section 2, the total
additional payment to Consultant in the event no new agreement is signed shall not exceed the
sum of $2,513.36 for each month of extension or the appropriate prorated amounts if less than a
full month of additional services is involved at any time.
C. If at the request of the City, Consultant is required to incur out of pocket expenses
(including but not limited to, out-of-town travel and lodging) which are above and beyond the
ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to
reimbursement of such expenses. Consultamt shall only be reimbursed for those expenses which:
(i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written
authorization for Consultant to incur such expenses; and (iii) receipts documenting such
expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between
the General Terms and Conditions and any other exhibit to this Agreement, the General Terms
and Conditions shall control unless it is clear from the context that both parties intend the
provisions of the other exhibit(s) to control.
5. Addresses.
City
City of Lynwood
Public Works Department
11330 Bullis Road
Lynwood, CA 90262
Consultant
Consulting Services Agreement
DRAFT AGREEMENT
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated
and made part of this Agreement by this reference.
Exhibit A .......... (X pages)
Exhibit B - General Terms and Conditions (six (6) pages)
SIGNATURES ON FOLLOWING PAGE
Consulting Services Ageement
3
DRAFT AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
written below.
CITY
CITY OF LY1NWOOD
By:
Mayor, City of Lynwood
CONSULTANT
Date
By:
ATTEST:
By:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
By:
J. Amoldo Beltrhn, City Attorney
Date
Consulting Services Agreement
4
DRAFT AGREEMENT
EXIIIBIT B
GENERAL TERMs AND CONDITIONS
Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant's employees, except as set forth in
this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its
agents or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency
regarding the independent contractor status of Consultant and the audit in any way fails to sustain
the validity of a wholly independent contractor relationship between City and Consultant, then
Consultant agrees to reimburse City for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to
City shall have the right to comply with applicable worker's compensation laws.
offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant's failure to
promptly pay to City any reimbursement or indemnification arising under this Section 1.
2. Standard of Performance.
A. Consultant shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or
his/her designee may from time to time assign additional or different tasks or services to
Consultant, provided such tasks are within the scope of services described in Exhibit A.
However, no additional or different tasks or services shall be performed by Consultant other than
those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager
or his/her designee.
B. The City Engineer shall, until further notice to Consultant, administer this Agreement
and provide for immediate supervision of Consultant with respect to the services to be provided
hereunder.
Consulting Services Agreement
Exhibit B
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and
duties agreed to be performed under this Agreement, and City is relying upon the skill and
knowledge of Consultant to perform said services and duties.
B. Except as provided by Section C below, to the extent permitted by law,
Consultant agrees to indemnify and hold harmless City, its officers, employees, agents and
volunteers from and against any and all claims, demands, actions, causes of action, losses,
damages, liabilities, known or unknown, and all costs and expenses, including reasonable
attorneys' fees as fixed by the court in connection with any injury or damage to persons or
property to the extent caused by any negligent act, error, omission or negligence of
Consultant, its officers, employees, agents, contractor, subcontractors or any officer, agent or
employee thereof in relation to onsultant s performance under th~s Agreement. Such
C ' '
defense and indemnification shall not apply in any instance of and to the extent caused by the
negligence or willful misconduct of City, its officers, employees, agents or volunteers.
it's officCe~s C,onsultant shall~have .no duty to. defend, indemnify or hold harmless the City,
, employees or agents against any c~tizen suits filed under the Clean Water Act or
any other United States or California statutes or regulations authorizing such suit(s) except in
the event that suit a claim or suit contains specific allegations against Consultant for failing to
meet the industry standard of care.
D. Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, 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 falls to obtain such indemnity obligations from others as
required in this Section, Consultant agrees to be fully responsible according to the terms of
this Section. Failure of the City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein shall survive the termination
of this Agreement for one year_and is in addition to any rights which City may have under the
law. This indemnity is effective without reference to the existence or applicability of any
insurance coverages which may have been required under this Agreement or any additional
insured endorsements which may extend to City.
4. Insurance.
A. Without limiting Consultant's indemnification of City pursuant to Section 3 of this
Agreement, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement insurance against claims for injuries to persons or damages to property
arising from ' ' '
or ~n connection vath the occupancy, use or operation of the Licensed Premises by
Consultant, its officers, employees, agents, independent contractors or volunteers.
B. The types and amounts of insurance shall be as described below, and an insurance
company admitted to do business in California and approved by the City must issue all such
policies.
Consulting Services A~eement
2 Exhibit
(i) General Liability Insurance covering third party liability risks, including
without limitation contractual liability, in a minimum amount of $1 million combined
single limit per occurrence for bodily injury, personal injury, and property damage. If
commercial general liability insurance or other form with a general aggregate limit is
used, either the general aggregate shall apply separately to the Leased Premises, or the
general aggregate limit shall be twice the occurrence limit;
(ii) Automotive Liability insurance, in a minimum amount of $1 million per accident
for bodily injury and property damage;
(iv) Workers' Compensation insurance on a state approved policy form with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater;
(iii). Property damage insurance with a minimum limit of $500,000.00.
C. City, its officers, officials, employees and volunteers shall be named as additional
insureds on the policy(ies) as to commercial general liability, automotive liability and property
damage.
D. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carder without the insurance carrier giving City thirty
(30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to
CITY via certified mall, return receipt requested, addressed to "Risk Manager," City of
Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not
cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (i) insurance certificates indicating compliance with
the minimum worker's compensation insurance requirements above, and (ii) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not
less that one (1) day prior to beginulng of performance under this Agreement. Endorsements
shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement".
F. The Consultant's insurance shall be primary as respects the City, its officers,
officials, and employee. Any insurance or self-insurance maintained by the City, its officers,
officials, employees and volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect, and such insurance is available at a reasonable cost, City may take out the necessary
insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation
of Consultant and the cost of such insurance may be deducted, at the option of City, from
payments due Consultant.
Consulting Services Agreement
3 Exhibit B
5. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that 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 written authorization by City. City shall grant such authorization if disclosure is
required by law. All City data shall be returned to City upon the termination of this Agreement.
Consultant's covenant under this section shall survive the termination of this Agreement.
6. Ownership of Work Product. All reports, documents or other written material
developed by Consultant in the performance of this Agreement shall be and remain the property
of City without restriction or limitation upon its use or dissemination by City. Such material
shall not be the subject ora copyright application by Consultant.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Consultant further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid
the appearance of having any interest which would conflict in any manner with the performance
of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of
this Agreement, or the services that may be procured by the City as a result of the
recommendations made by Consultant. Consultant's covenant under this section shall survive the
termination of this Agreement.
8. Termination for Cause. Should Consultant fail to perform any of the obligations
required of Consultant within the time and in the manner provided for under this Agreement
within seven (7) days after receipt from City of a written notice of such default, or should
Consultant violate any of the terms and conditions of the Agreement, City may terminate this
Agreement with cause upon thirty (30) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination. Consultant agrees that
in the event of such termination, City's obligation to pay Consultant shall be limited to payment
only for those services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services, preserve the product of the services, and turn over to City the product of the
services in accordance with written instruction of City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Consultant or under its supervision, and all personnel
engaged in the work shall be qualified to perform such services. Consultant reserves the right to
Consulting Services Ageement
4
Exhibit B
-- ' ...... ' ..... I11[[1 l[[I [[[[[ 1[ I~ll[[ [Hill[II [[ 1[[
determine the assignment of its own employees to the performance of Consultant's services
under this Agreement, but City reserves the right, for good cause, to require Consultant to
exclude any employee from performing services on City's premises.
10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted
documentation acceptable to the City Manager, establishing that it is financially solvent, such
that it can reasonably be expected to perform the services required by this Agreement. Within
thirty (30) days of the first anniversary of the effective date of this Agreement, and each year
thereafter throughout the term of this Agreement, Consultant shall submit such financial
information as may be appropriate to establish to the satisfaction of the City Manager that
Consultant is in at least as sound a fmancial position as was the case prior to entering into this
Agreement. Financial information submitted to the City Manager shall be returned to Consultant
after review and shall not be retained by City.
11. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all roles and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultant's obligations hereunder, without the prior written consent
of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or
obligations arising hereunder shall be void and of no effect.
13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of
the first anniversary of the effective date of this Agreement, and each year thereafter throughout
the term of this Agreement. The work product required by this Agreement shall be utilized as
the basis for review, and any comments or complaints received by City during the review period,
either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing
the written report. If any noncompliance with the Agreement is found, City may direct
Consulting Services Agreement
5
Exhibit B
Consultant to correct the inadequacies, or, in the altemative, may terminate this Agreement as
provided herein.
14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and
Local laws, ordinances, codes and regulations which in any manner affect those employed by it
or in any way affect the performance of its service pursuant to this Agreement. The Consultant
shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers
and employees shall not be liable at law or in equity occasioned by failure of Consultant to
comply with this Section.
15. Licenses. At all times during the term of this Agreement, Consultant shall have in full
force and effect ail licenses (including a City business license) required of it by law for
performance of the services hereunder.
16. Force Majeure. Neither party shall be liable for any failure to ay early in performance
under this Agreement to the extent said failures or delays are proximately caused by causes
beyond that party's reasonable control and occurring without its fault or negligence, or including,
including but not limited to, strikes, riots, wars, fires, floods, explosions, acts of nature, acts of
government and labor disputes. Dates by which performance obligations are scheduled to be met
will be extended for a period of time equal to the time lost due to any delay so caused.
17. Hazardous Waste. Consultant will not generate any hazardous or deleterious material
within the term and scope of this contract. Consultant, its officers, agents, employees and
subcontractors, are not responsible for any claims, losses, damages, lawsuits, or costs of defenses
or settlement (including attomey's fees) as a result of death or bodily injury or threat thereof to
any person, destruction or damage to any property, contamination of or adverse effects on natural
resources or the environment, any violation of local, state or federal law, ordinances, regulations
or orders or any other damages claimed by others due to the release or discharge of hazardous or
deleterious materials by the City or third party unless solely due to negligence or willful
misconduct of Consultant.
18. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Consultant, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
19. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement,
the prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including reasonable attorney's fees and costs, including costs of expert witnesses and
consultants.
Consulting Services Agreement
6
Exhibit B
20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during Consultant's regular
business hours or by facsimile before or during Consultant's regular business hours; or (b) on the
third business day following deposit in the United States mall, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section.
21. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
22. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
23. Severability. If any provision or any part of any provision of this Agreement is found
to be invalid or unenforceable, the balance of this Agreement shall remain in full force and
effect.
24. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, including the Terms and
Conditions section of Exhibit A, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the Parties
which expressly refers to this Agreement. Amendments on behalf of the City will only be valid
if signed by the Mayor and attested by the City Clerk.
25. Authority. The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
Consulting Services Agreement
7 Exhibit B
CONTENTS
1 ,PA
1
Project Understanding
2
B. Project Team
Organization Chart
LPA Resumes
Project Experience
Project Profiles
I
I
I
3
C. Project Approach
4
6
F. Fees
7
Schedule
D. Scope of Work
o
5
E. Quality Control
Project Management
H. Options
Optional Tasks
9
I. Request for Proposal
City of Lynwood, Ham Park
10
Firm Profile
Firm History
Basic Services
Vahle Added Services
PROJECT UNDERSTANDING
local comnlLmity lbis proposal includes the option of an intensive,
commurgty Tile p*ocess will be led by LPA's in [louse specialists
Yhe New Ham Park wil! be a recreational focus fo~ the City of
t ynwood. With a variety of sports facilities, pknic mens, walking
paths, playground, and parl( building, the facility will offer local
resicterlts a place to come together M both active and passive play
as a community, Phc new 10 acre pad< will provide recreational
opportunities and a focus to community activities for tile City of
Lynwood and will irlclude lighted baseball and soccer fie[d, volley.
ball court, hardcourts, tot lot/playground, pubSc art areas, parl(ing,
nmnky building with restrooms, office space, storage, light duty
Idtchen and trash facilities. A design element i~tended to create a
memorable and appropriately scaled focus to the p~oiect, such as a
water feature will be considered for lhe project
Specific design elements must respond to accessibility issues, con
sumer product safety standards, ariel compatibility with adiacent
land uses while deliver]n9 ifmovative design and unique recreation
opportLmities within the park. The master plan fm the project
wili create a blueprint lot the park development and determine
how park facirities and buildings fLmction within the overalr park
program, To create a state of-the-art leisure facility, all existing
venues and buildings will be evaluated for thek success in serving
the neecls of the community
Our approach in providing design services to meet these needs
fOCUSeS on an glteractive design process between tile Community
Park Design team, community special interest groups, al~d the
public and City staff. P~oper sports field design, lighting, grading,
drainage and water quality engineering, consistency, Iow mainte-
nance and durable materials, adherence to city, state, and federal
requirements, coordinated linkages, and utiilty connections will net
new facilities shoukl be designed and planned based or] state of-the
standing arid expertise ir] thc design and development of active play
fad lities, children's play areas, gradhlg, drainage and water control
methods, tire 24 and ADA requirements. In addition, they must
possess an ability to solve design issues and comrnLmication sldiis
with jt~dsdict}onar agenc}es and be efficient in agency processing.
Most importantly, they must understand the importance of col-
laboration and interaction wlth the client, the consultants, and the
designing this important feature of your community.
L PA is a multi disciplined design firm with Landscape Architecture,
Architecture, Interior Design, and Graphic servlccs ptovkled in
house by LPA staff. LPA's size, depth and experience allow us
uaparalleled ability to address the needs arid issues that will arise
durirlg the design and cor~strucdon of your project Our focused
expede[lced with civic, park and recreational projects will provide
you with the expertise needed to design a successful project of this
type
Throggh careful consideration, thoughtful pgannirlg, sl<illful e×ecL~
tion, Harn Park is poised to become not only the centerpiece of
the City's park and recreation program, but one of Southern
California's f'nest.,. ,a place thc city can be proud of, a place that
1 ,PA
LPA'S EFFECTIVE LEADERSHIP PROVIDES A
COLLABORATIVE PROCESS WHERE OUR CLIENTS
BENEFIT FROM COST-EFFICIENT AND INNOVATIVE
SOLUTIONS.
KEY TEAM MEMBERS
LPA has selected the following project team members
based upon their direct experience with facilities similar
to the types proposed and their current availability. The
individuals listed w~uld be assigned in their identified
roles for the duration of the City of Lynwood's Ham
Park Replacement project.
over 233 individnals is that LPA has the flexibility to adjnst cm~rse
Dave Gilmore, AIA
City of Lynwood
Ham Communky Park
Replacement
Kevin Sullivan, ASLA
Principal
Landscape A~chitect
LPA Team Leader
D~I Pender, AIA
Project Director
Arash Izadi
Landscape Archite¢
Artnro Lavena~t
Project Manager
Bilin (~ual Wm k,hop Coordirlalor
Shared Resources
Klm Izadi Wendy Rogers, AIA Bernadette Reyes Gleria Bromi~g
Interior Scnio~ Technical DesigneF / Entitlement
Suggested Consultant Team
LPA'S INNOVATIVE LEADERSHIP PROVIDES A COLLABORATIVE PROCESS WHERE
OUR CLIENTS BENEFIT FROM COST-EFFICIENT, SUCCESSFUL, AND ON-TIME DESIGN.
HAM COMMUNITY PARK - SCOPE OF SERVICES
1- PRELIMINARY SITE EVALUATION AND DOCUMENTATION
1he form of a Power Point Presentation and il hinde~
207 It is tile intent et this proposal that a total of s~x (6)
existing off site improvement isst es
2 - COMMUNITY CONSENSUS BUILDING PROCESS & MASTER PLAN
3 - SCREMATIC DESIGN
In the Schematic Design Phase, based on one (]) approved, master
plan sdleme, L PA shaU provide those services designated necessary
to prepare Schematic Design Documents for the park cons[sting of
drawlngs and other documents illustrating the general scope, scale
and relationship of Project components for approvaJ by the City.
3.0] Schematic Design/Documentation services responding to
progl art1 t equlrements and consisting of preparation of:
O] Schematic park site plan.
.02 Schematic overall building floor plans.
.03 Preliminary sections and elevations of the
bulldings and paN( site.
"THE RECREATION CENTER, AS
HOPED, HAS CREATED AN EX-
CITING INITIAL COMPONENT
OF THE UNIVERSITY CENTER,
CREATING A FOCUS FOR CAM-
PUS LIFE AND A GREAT SENSE
OF PRIDE THROUGHOUT THE
UNIVERSITY.,,
BRUCE WALKER
DEPT OF FACILITIES & PLANNING
CALIFORNIA STATE UNIVERSITY
SONOMA
HAM COMMUNITY PARK - SCOPE OF SERVICES
3O3
3O4
3.07
308
3 09
Mechanical Design Doctlmentation services duUng tile
Larldscape Design/Documentation services during the
SchemaDc Design Phase consisting of alternate materials,
systems and equipment rind development of conceptual
ni¢~tdme security lighting, fencing/walls, site furnlshincjs,
and sport fields and courts.
Sustainable Design Audit including a list of various
SL~stairlable features and a brief descriptiorl of tile
potential cost and benefits of each feature for the City's
Project Development Scheduling services consisting of
Project Budgeting services relating to development
of a Schematic Design Phase Statement of Probable
studies
of Schematic Design for review and approval of the
following:
.01 City Dept. of Erlgineering,
.02 City Dept. of Parks and Recreation.
3.10 Off Site / Traffic Engineering requirements includdlg
relocated utility and electrical service infrastructure by
Edison and other applicable Utilities will be reviewed at a
conceptual level for coordinaDon with tile overall design.
3,11 Schematic Design Deliverables for one (1) Option
01 Schematic Site Plan field layout, vehicle parking,
bmdscape areas, water feature, building, and
park amenities
.02 Building Schematic Floor Plans
03 Building Schematic Exterior Elevations
.04 Building Schematic Conceptual Sections.
0b Illustrative Site Plan.
.06 Cost Estimate.
,07 Final Schematic Design Documents reqLdred for
approval.
4-DESIGN DEVELOPMENT SERVICES
Irt the Design Development Phase, [ PA, inc shall provide those
Documer~ts Jo~ approval by the City, thu Design DewIopment
fix and describe tile size and chmacte~ of the entire Project,
Consideration shall be given to availabgity o[ mater}als, equlpment
401
Design Documents to estabiBh tile final scope,
~elatiousbips, terms, si?e and appearance of the Et eject
02 Typical construction details
.03 Final materials selections
.04 Equlpment layouts.
4 02
StructLn'al Design/Documentation services during the
Design Development Phase consisting of development of
the specific basic structural systemts) and documents in
sufficient details to establish:
.01 Final structural design criteria.
02 Foundation design criteria
03 Prellminary sizing of maior structural
.04 CHtlcal coordlnation clearances.
Outline Speclficatlons of materials lists
403
Mechanical Design/Documentation services durb]g the
Desgn Development Phase consisDng of development
of Mechanical Design Documents and development of
Outline Specifications or materials lists to establish:
0t
.02
.03
04
.Ob
.06
07
Approximate equipment sizes and capacities.
Preliminary equipment layouts.
Required space for equipment.
Required chases and clearances.
Acoustlca[ and vibration control.
Visual impacts.
404
Electrical Design/Documentation services during tile
Design Development Phase consisting of development of
Electrical Design Documents and development of Outline
Specifications or materials lists to establlsh:
O] Criteria for lighting, electrical and
communicaDons systems
02 Approximate sizes and capacities of major
components.
.03 P~ elimb~ary equipment layouts
04 Required space for equipment
.Ob Required chases and clearances.
.06 Athletic field lighting.
1 ,PA
HAM COMMUNITY PARK - SCOPE OF SERVICES
.[)1
408
409
4.10
4.11
02
.03
Materials Researcb/Speclfications services during the
Design Development Pbase consisting of activities by in
.02
.O3
CONSTRUCTION DOCUMENTS SERVICES
b,03
Presentation for the City's approval of proposed
General and Supplementary Conditiorls of
tile Contract for CorIstruction [o~ tile City's
approval, b.04
Development of architectural outline
Specifications or itemized lists and brief form
identification of significant architectural
materials, systems and equipment and their
criteria and quality standards.
CoordlnatiorT of similar act]vities of other
Production of design manual including design bob
criteria and Outline Specifications or materials
Pro]ect Development Scheduling serwces during the
Design Development Phase consisting of reviewing and
updating previously established schedules of the Project.
Statement of Probable Construction Costs services during
tile Design Development Phase consisting of updating
and refining the Schematic Oergn Phase Statement of
Probable Construction Cost of tbe Project.
Development Drawings and other documents by LPA to
the following:
City Dept. of Engineer.
City Dept of Parks and Recreation,
Ol
02
5.06
5.07
412 Design Development Deliverables 5.08
of Drawings based on approved Design Development
Documents settb]9 torUI in detail the architectural
Specifications based on approve(! Deslgn Development
Documents, setting forth in detail the structural
the Construction DoctJments Phase consisting of
preparation of final mechanical englneerhlg calculations,
Drawings and Specifications based on approved Design
Development Documents, setting forth in detail the
mechanical constrHctlon requirements for the Project
of final electrical englneer]ng calculatlons, Drawings and
Specifications based on approved Design Development
Documents, setting forth in detail the electrical
construction requirements fm the Proiect Coordinate
with utility infrastructure work.
Civil Oeslg n/Documentation services dHring tile
of final civil engineering calculations, DrawMgs and
Specifications based on approved Design Development
Documents, setting forth irl detail the civil construction
requirements for the Project. Coordinate with utirity
Preliminary Construction Documents; two (2)
copies.
Outline Specifications; two (2) copies
Cost estimate; two (2) copies.
.og
02
,03
Landscape Design/Documentation services during the
Construction Documents Ptlase consisthlg of preparation
of DrawMgs and Specifications based on approved Design
Development Documents, setting forth in detail tho
landscape requirements for the Proiect.
Interior Design/Documentation services during the
Construction Documents Ptlase consisting of preparation
of Drawings and Specifications based oil approved Design
Development Documents, setting forth in detail interior
construction requirements for the Project.
Materials Researcb/Specifications services durhl9 the
Construction Documents Phase consisting of:
.01 Development and preparation of arcfgtectural
Specifications descrlbing materials, systems
and equipment, wod(manship, quality
and performance criteria requlred for tbe
construction of the Project
.02 Coordination of the development of
SpeciPcations by other dlsciplines
1 ,PA
HAM COMMUNITY PARK - SCOPE OF SERVICES
510
O2
City Dept, of Engineering
City Dept. of Parks and Recreation
[)1 Two (2) sets of plans and specifications at 60°,°
completion
.02 Two (2) sets of plans and two (2) sets of
specifications with cost estimate at 90%
.03 Two (2) sets of plans and two (2) sets of reduced
specifications, cost estimate and digital files of
6-BIDDING SERVICES
Irl the Bidding Phase, following the City's approval of the
6.01
Addenda services consisting of preparatlor] and dlstribution
of Addenda as may be required during bidding, including
supprementary Drawings, Specifications, instructions
and notice(s) of changes hi the bidding schedule and
6.02 Bidding services consisting of:
.02
.03
.04
,Ob
06
Assistance to tile City in establishing list of
Bidders or proposers,
Participation ir] pre-bid conferences.
Responses to questlons from Bidders or
proposers and clarifications or interpretations
of the Bidding Documents.
Attendance at bid opening(s).
Review of bid proposals and schedule of values
6.03 Bidding Deliverables:
.01
.02
Addenda as required.
Revised documents as required; reproducible set
of revised sheets for City use for construction
sets reproduction
7- CONSTRUCTION CONTRACT ADMINISTRATION SERVICES
701
othe~ submittals requh'ed by the Contract
02 Olstribudon of submittaB to thc City and
03 Mah~tenance of master file of submittaU
Ob fwicc morlthly meetings for duration of lOLl) (4)
702
visits to tile site at intervals appropriate to the stage
of construction to become generally familiar with the
progress and quality of the Work and to determine in
7,03 Supp!emental Documents services consisting of:
O1 Preparation, of supplemental Drawings,
describe Work to be added, deleted or modified.
and materials.
7.06
Project Cfoseoot services initiated upon notice Iron] the
Contractor that the Wed(, or a designated port ion thereof
which is acceptable to the City, is sufficiently complete,
in accordance with the Contract Documents, to permit
occupancy or utilization for the use for which it is intended,
and consisting of:
1 ,PA
HAM COMMUNITY PARK - SCOPE OF SERVICES
7.07
.0]
02
ASSUMPTIONS
described fit the RFP for a lO-acre park and a contract
cost of approximately $]0,000,000. it is assumed that
the project will be programmed and designed within these
generar parameters I f it is deter mined after programmh]g
and schematic design that the scope and cost will exceed
This proposal includes limited traffic consulting to
determine the possible necessity of changes and
documentation to die Agnes and Atlantic signalization.
LPA understands the client is considering potential
funding resources beyond a community building and
park which may require additional traffic consulting
and ~ngineerlng which carl be incorporated as additional
10.
Geotechnical Plvestlgation is budgeted in this scope ]2.
of work pending final contract language, For the park
and community buiMing, street improvement work may
necessitate additional geotechnical investigation not 1.3.
included in this scope of work,
Provision et existing topographicar, boundary and utility
survey of the existing site, after removaJ of all existing on
site improvements, and relocation of existing utllities, is
h/eluded as arl option in this proposal
staff
el
e mn pink and surface parklnglot west of
Atlantic Avenue is included,
.0b Slurry seal of Atlantic Avenue. No other
improvement is needed for Atlantic Avenue
except for a new section of curb and sidewall(
HAM COMMUNITY PARK - SCOPE OF SERVICES
]9¸
west of Atlantic.
Phase Ill: Off site st'eet ir~lprovements as
Vlapping Will be based on available local agency vertical
LPA
.01 liydrology studies of oil site areas.
02 Utility replacement and upgrade of underground
facilities oil public streets
03 FOLmtain
04 Dry utility consultant.
.05 Any consultant not specifically identified.
06 Power ][ne relocation and removal.
20 Reimbursables including printing for in-house use and
agency submitta[ through the construction document
phase as outlined in this scope of services is included.
Addltional reproductions and se~vices during thc
dc]cumentation phase specifically requested by the City as
billed at 1.10 times cost.
DEMOLITION: This proposal assumes the demolition of
existing improvements will be performed by the City prior
to the start of drawing documentatiorl
22 EASEMENTS: The abondonment, rev]sing, or writing of
easements is not included in this scope of work,
COMMUNITY WORKSHOP PROCESS
LPA incorporates a community
workshop process in most of their
project assignments. The community
workshop is a process (founded by
Lawrence Halprin) based on the basic
principal that people in a community
have both the right and the responsibility
to establish the character and quality
of life their community should have
and to explore alternative ways
their environment can develop. The
thrust of the workshop is to receive
creative input from all concerned
about the use of the site, facilities to
be included, the linkage to surrounding
areas and its users, and the quality
and character of the site area..
WORKSHOP PROCESS
Tbe foUowing is a proposed outline of tbe worksbop process:
Workshop #1 - 2 to 3 hours
Workshop #2- All Day/Saturday
Lunch Break
Upon retnrning f,'om k,ncb the participams will be givez~ an oppor
participar ts wirl be organizecl rote groups who will participate [n
facUitated, hands on design cbarettes. Eacb team will be provided
with a "t(]ol kit" indL~dh]g a site base map, paper and
materials. Each group will present [heir design sol ~ ions and
Workshop ~3 2 to 3 hours
Workshop ~4 - 2 hours
Final Pres~ta~s
OUR OBJECTIVE IS TO DEVELOP AN UNDERSTANDING OF THE
COMMUNITY'S NEEDS AND IDEAS~ GATHER ALL PERTINENT
FACTS~ ANALYZE THE INFORMATION, DEVELOP THE BEST OP-
PORTUNITIES, AND SELECT THE MOST VIABLE SOLUTIONS
FOR THE PROJECT.
PROJECT MANAGEMENT
Working in concert with our Design
Philosophy, the LPA approach to Project
Management is based on collaboration,
communication and consistency.
L PA's managenlent approach utilizes strategies and tools designed
PROJECT STATUS REPORT As part of the LPA schcdLde morlito~
Project Status Report (o the cllcnt. Tile frequency of these reports
is jointly dC ermlned and is gerlerarly responsive to tile project pace,
typically a bPweekly or monthly cycle. These Status Reports iden
t]fy o u'rent and upcoming tasks and critica sst e~ roqui~'ir]g timely
resolutlon by the team. LPA bas had much success utifizfn9 the
Project Status Report to spark action to resolve issues flying below
PROJECT RECORD BOOK Every project at £ PA has a Project
Record Book that is mahltained by the Project Manager, It con
talrls all the vital project hlformation including tile program,
meeting minutes, correspondence, schedules, and estimates. [ PA
can easily duplicate it for the client at any point during the project's
development o*' as a final record of tile process at the conclusion
of tbe jot).
MEETING MINUTES LPA staff records minutes at design meet
ings they attend. The minutes are task d- yen, and clearly define
action that may be required, and list the party responsible.
COST ESTIMATES As part of our Basic Services, LPA typically
includes Cummlng, LLC as all independent outside cost estimat
ing member of our team. They perform concurrent budget checks
at upon Con£Jusiorl of Schematic Design, Design Development, and
Construction Documents phases. Any Value Engfneering needed to
maintain conformance with the project budget is done in consulta
don with the client staff and planning committee.
1 ,PA
EXPERIENCE IS
WHAT SETS LPA
PROFESSIONALS APART
-- A TEAM OF
MULTI-DISCIPLINED,
PROACTIVE, PROBLEM
SOLVERS -- FocUSED
ON THE NEEDS OF THE
CLIENT AND PROJECT.
QUALITY CONTROL
QUALITY CONTROL/ASSURANCE PROCEDURES Fhe [ PA approach
de!a,lsofthep~.olect ,eadmqtor~oree 'c iv ~' ~,' ~"J,?;, l,PA
LPA'S SYSTEMATIC APPROACH
TO QUALITY CONTROL
INCLUDES THE SCHEDULING
OF REGULAR TEAM MEETINGS,
MILESTONE DOCUMENTS
REVIEW, AND PERFORMANCE
OF INTERDISCIPLINARY
CONSTRUCTABILITY PLAN
CHECI<S.
RECORD OF SUCCESS
CHANGE ORDER HISTORY At [ PA, we *ealize tile unrque coil
1. Temecu[a Community Recreation Center
Cost Estimate History
Schedule Information
2. Anaheim Downtown Community / Senior Center
Cost Estimate History
Schedule Information
3. Laguna Beach High School Modernization
Cost Estimate History
Schedule Information
teaming relationship pbilosopby witb the scrccessful Iow bid con-
tractor. Our success is supported by tbe fact tbat irldustr,y standards
compared to construction cost At I PA, we strive not to exceed 3 %
LPA is committed to tile goal of reducing coi/structiof] costs and Actual ConstrLlCtiOn Time: 21 months
tile adversarial nature tbat is encouraged (brougb the Iow bidder
process by the production of quality contract documents with mini 4. Desert Hot Spriogs I~igh School
mai room for cbange orders, and through Ute irqplementation of a Cost Estimate History
Bud9et:
SCHEDULE/TIMELINE HISTORY t PA tlas the capability to pro
duce any of the projects identified by the City on a compressed
schedule if desired. ] be Project Manager acts as the team coordi-
rlator and is supported by CADD d*'af[srrten, project designers, and
engineering consultants [PA has tbe advantage of 233 employees
to draw from when required to accelerate specific projects to meet
critical schedule deadlines or funding availability windows withot~t
compromise in tbe quar[(y oftbe finar contract docLm]ents prepared
by our ~eam. Tbe fo~[owff~g ~s a listing of tbe cost, change order, anti
schedule h~sto~'y [o~ eigbt recenl LPA civic projects.
$9.5 million
Bid: S93 million
Cbange Order History 1.1%
Schedule Information
5, Brea Community Center
Schedule Information
6. R~ss Park
Cost Estimate History
Schedule ]nformation
7. Sage Hill School w/Athletic Fields
Cost Estimate History
Schedule Information
I,PA
CONSTRUCT]ON ADMINISTRATION
I' he philosophy by which L PA [mp]ements the construction pl]asc el
BID PERIOD ASSISTANCE
SERVICES CONSISTING OF:
· Submittal of OnL' set of original contract documents for repro
project bids.
CONSTRUCTION ADMINISTRATION-IN-HOUSE
SERVICES CONSISTING OF:
information or Clarification Items.
· Submittals processing, hlcldding receipt, review, and action on
Shop Drawings, Product Data, and Samples
· Distribution of submittals to tile City, Contractor and/or
CONSTRUCTION FIELD OBSERVATION Services consisting of
weel<ly site visits to become generally familiar with tile progress
and quality of the Work and to determine if Work is proceeding
PROJECT SCHEDULE MONITORING Services consisting of moni-
torklg Contractor progress to the establlshed agreed upon schedules
and maldn9 status reports to the City,
INSPECTION COORDINATION Services related to independent
deficiencies
QUOTATION REQUESTS/CHANGE ORDERS
SERVICES CONSISTING OF.'
· Preparation/Distribution of E)rawlngs/Specifications describin9
Work to be addecl, deleted, o~ modified
· Revie,~ proposals fro,,, Contracto, fo,' reasonableness of quarlti-.1 'P/~--~-JL
Subst antial Completion
· Negotiations wkh the Contracto~ on thc C~ty's behalf of tho
Work proposed
· Assistance with the pleparation el the appf opdabz
Modifications of the Contract for Constrnction
CONSTRUCTION COST ACCOUNTING Consistiug of evaluation of
the App/ieador~s for Payment from the cont~ actor and certification
PROJECT CLOSEOUT Post construction services initiated upon
notice from tile Conb'actor that the Work, o~ a desi9nated portion
thereof which is acceptable to the City, is sufficientry complete in
for }ts intended purpose
A proiect inspection with C~ty staff representative for
conformity of the Work to the Contract Documents.
Determination of the amounts to be withheld until
final completion.
Inspectionis) upon notice by tile Contractor that thc Work is
ready for finar inspection and acceptance
Final inspectlor] with City representative to verify final comple-
tion of tile Work.
Receipt/transmittal of warranties, affidavits, ~cceipts, releases,
waivers of lien or bonds inderrmifying City
Issuance of final Certificate(s) for Payment
· Final project close out and certification
RECORD DRAWINGS POST CONSTRUCTION
SERVICES CONSISTING OF.'
· ObtaM Contractor and other parties as built information, certi
fled by them, on all changes
· Review of general accuracy of information submitted and certi.
lied to by the Contractor
· Transmittal of contractor produced record drawings, CADD files
and general data, appropriately identified, to City and others as
directed.
POST OCCUPANCY EVALUATION interview of relevant city staff
one year after the facility is completed. Results compiled into for
mai report for review by the City, and LPA incorporation into future
projects.
COMPUTING CAPABILITIES
In addition to the implementation
of our quality control procedures
and the constructability review
process, the utilization of CAD
standards greatly assists the
production of a fully coordinated
set of bid documents by having the
entire architect and consultant team
members work to a common format.
L PA is rapidly becoming a recognized leader of computer technol
of the latest product releases and how it applies to ar~hitecture.
Recently hPA was non~inated as erie of top ten elite compames in
tile world for Autodesk's Alpha Gold program, Phis program con
sisted of alpha testing Autodesk's latest flagship product AutoCAD
200-1, The opportunity to offer high level feedback and recom
mend changes to AutoCAD not only benefits the L PA process, DLit
also has significant mnpact on AutoCAD's 15+ million user base.
]rq addition to AutoCAD 2004, OUr close wed(lng relationship with
Autodesk has continued with the development of Architectural
of CAD software besirlg true obiect based parametric technology.
L PA's on going efforts in researchMg and evaluating new soft
as we not only help desist/ the tools currently being used, but we
are aJso settMg standards and implementing technology months
CAD Software
Autocad and Architectural Desktop 2006 and Revit
Graphics Software
3d Studio Viz, FortaZ, PageMaker, /nDesfgn, Photoshop,
Illustratol and Sketdlup
Operating Systems
MS Windows 2000¢ and Windows XP based clients on a Windows
2000 Netwo~'k,
Computer Workstatioes
General Configuration:
Pentium VI class workstations {]GHz - 2.4GHz)
Output (Large Format Plotting)
Monodarome
] OCE high speed LEO plotters
2 Hewlett Packard Design Jet 10bSc plotters.
2 Hewlett Packard Design jet 5000 plotters
4 Color [ ase~ Printers/copiers
PHYSICAL MEDIA TRANSFER
Media
Basle media includes 3 ",' hoppy, 100MB & 2b0M8 Zip disks~
!GB & 2GB ,Jazz Disks CD Rom DVD, and USB po[tabJe drives.
LPA PROJECT EXTRANET/COLLABORATION OPTIONS
E-mil
one megabyte of data. Howeveh it does not provide for data tKacl<
FTP
Provides a secure file transfer site for data exchange, Can be used fo~
simp[etransferofgtaphic files Does not provide for data tracking
o~ file rnanagement. The FPP ~ite and access is setup per proiect
ProjectPoint ( Buzz. saw) <htt~:llwww.buzzsaw.coml>
A web based collaborative system that works well for transferring
solution based on project, A proiect site can be setup very quicMy
as all site administration is in-house. Provi0¢s data tracking and
file management as well as viewing and notification. Users are
required t¢ access the site via lnternet Explorer 4,0 or above 0flee
installed the program can be run independently of a web browser.
The system applies itself very well to the design phases of tile pro~
ecl where large amoLmts of graphic data must be transferred and
maintained regularly. Tile interface is Windows-llke and very intui
tive and reqMres very little training or support. LPA is currently
working with Buzzsaw.cortt to develop the construction phase mod
ule and expect to see an implementation the first quarter of next
year Depending on project size and longevity the project carl be
located on the LPA proiect site (no cost) et as a separate site for a
monthly cha~ ge.
1 ,PA
FEE SCHEDULE
: PA is pleased to present this fee proposal for Desig/ Se~'vices
provided for 9eotechnical consuJtir/g and baffle corlsulting for
of $10,000,000 for aU three phases with a slx month Bidding
PROPOSED COMPENSATION
Expenses including printing, delivery, etc as ctefir~ed in the RFP has '~/P2'~
LPA...CREATING PLACES AND SPACES THAT ENRICH THE LIVES OF THOSE WHO USE
THEM.
LAND~CAPE ARCHITEC~JRE FEE PROPOSAL FO~ (3-11-02)
Detail Report
LPA PlO:
LPA PC;
LPAL
at 20 scare)
288
4O
TIME SCHEDULE
Effective Project Management begins
with the development of a working
project schedule. LPA will assist the
City in the establishment of critical
project milestones, which could include
funding submittal deadlines, critical
entitlement processes, approval
milestones and facilities opening targets.
SCHEDULE
LPA presents tile attached schedule as ~e[itCested h; tile RFP. Tile
With 2]7 employees, a rt~L]lti disciplined staff, arid a highly devel
oped process fo~' developing designs and co[/sfluctiOl] docLJmer~ts,
l PA is capabre of achieving ve~'y t¥1t sch,2dL~le pa~:Inlete~-s. The
Additional tfme could be saved if a topographical and boundary su~
vey is conducted prior to the sta~'f of the p~'oiect so this info~'rnation
would be available immecliateiy to the des]g,} team.
The attacheo schedL~le is provided to help identify issues related to
decision making m orde~ to design a~l efficient process If selected
to be a pa~t of you~ team on the Ham Community Parl< P~oject,
L PA would work closely with the City to refine the schedule to
meets the C]ty's needs and p~'ov[de a park design that most fLIIJy
meets the needs of the community,
,PA
"I WILL NEVER FORGET THIS
EXPERIENCE.
IF I AM EVER GIVEN THE
OPPORTUNITY TO
PARTICIPATE AGAIN IN
THE PLANNING AND
DESIGN OF A NEW HIGH
SCHOOL, THEN I HOPE
IT IS WITH LPA."
DAN KENLEY, PRINCIPAL, DESERT
HOT SPRINGS HiGH SCHOOL
III
OPTIONAL TASKS
Other Optiorls Sugges ed by LPA
Construction Administratiofl
p~ovided to I~e[p keep the owner informed of tile gerle~aJ
customaFy, are not insurable design services u~lder ~ ~
O~er OpN~al ~rvices ~
LPA STRIVES TO "EXCEED
EXPECTATIONS,,: WITH
SOLUTIONS REFLECTIVE
OF THE CLIENT'S GOALS
PRODUCED ON-TIME, AND
ON-BUDGET.
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
July 31, 2006
Honorable Mayor & Members of the City Council
Martinez, City Manager
N.
Enrique
Autra C. Adams, Int. Dir. Recreation/Asst. to City Manager
Perry Brents, Deputy Director
SUBJECT:
SPECIAL PERMIT REQUEST
JAGME Foundation - Summer Festival
Recommendation:
Staff recommends that the City Council approve the request for Saturday, August
12, 2006 with no City subsidy. This will require the applicant to pay permit fees,
meet applicable requirements imposed by City departments, the Sheriff, Fire and
Health Departments and to enter into a private entity contract with the Sheriff's
Department to pay approximately $5,000 relating to the Sheriff's staff overtime.
Background:
On Thursday, June 26, 2006, staff received a request from the JAGME
foundation for a special permit to have a Summer festival on Saturday, August
12, 2006 from 12 noon - 7:00 P.M. inside Lynwood City Park. The purpose of
the event is to reunite artists from the popular TV reality show, "La Academia"
and "La Academia USA."
Discussion & Analysis:
The expectation is that the event will attract an audience of approximately 10,000
persons. The written proposal requests the City to provide the following:
· Pay for providing Sheriff's Deputies. The estimate from the Sheriff's
Department identifies the cost for Sheriff's Deputies to cover this type of
event is approximately $5,000.
· Provide street closures along Cesar Chavez Lane from Birch Street to
Martin Luther King Jr. Boulevard.
· Provide the use of Lynwood City Park.
· Provide the use of the City Logo on advertising materials.
This event as proposed would be similar in audience size to an outdoor concert
such as the City's Fourth of July or Fiestas Patrias celebrations.
'AGENDA
ITEM
/¢
Options:
1. Approve request for Saturday, August 12, 2006 with no City subsidy. The
applicant is required to pay permit fees, meet applicable requirement
imposed by City Departments, the Sheriff, Fire and Health Departments
and to enter into a private entity contract with the Sheriffs Department to
pay approximately $5,000 relating to the Sheriffs staff overtime. Upon
initial contact with the Applicant staff provided advice that August
was too soon for the City to provide assistance in properly
conducting an event of this nature. The Applicant is persistent in
conducting the event on the scheduled date and has provided a
verbal commitment that they are willing to incur all event costs.
Approve request for Saturday, August 12, 2006 with City subsidy. The
applicant is required to pay permit fees, meet applicable requirements
imposed by City Departments, the Sheriff, Fire and Health Departments.
The City will pay approximately $5,000 relating to the Sheriff's staff
overtime.
Approve request with City subsidy. Re-schedule the date of the event to
coincide with the City's celebration of Fiestas Patrias and direct staff to
work with the applicant to allow time to plan, assess and implement a
large scale program. City will pay approximately $5,000 relating to
Sheriffs Department overtime.
4. Deny the request.
Fiscal Impact:
If the applicant's written request is approved, the cost to the City would be
approximately $5,000 for providing Sheriff's overtime and approximately $1,250
in staff overtime. The permit fee is $30. This item was not included within the
adopted Fiscal Year 2006-07 budget and would require an appropriation from the
reserve contingency.
Coordinated With:
Finance Department
City Attorney's Office
Public Works Department
City Manager's Office
LA County Fire Department
LA County Sheriffs Department
LA County Health and Environmental Services
APPLICATION FOR SPECIAL PERMIT
CITY OF LYNWOOD
11330 BULLIS ROAD
LYNWOOD. CA 90262
310-603-0220
APPLICANT INFORMATION:
NUMBER OF PERSONS EMPLOYED:
SBE:
EVENT INFORMATION
TYPE OF PERMIT REQUESTED: ~ ',~,J~ ~
DATE(S) OF EVENT: ,~,, q~ 3 ~ /~'~
HOURS
SPECIFIC AREA DESIGNATED FOR EVENT: 'S ~ ~ ~
IS STREET CLOSURE BEING REQUESTED: ~ NO
(IF YES, BRIEFLY EXP~IN REASON FOR EVENT AND CLOSURE:)
IF INDOORS, APPROXIMATE TOTAL GROUND FLQOR AREA OF STRUCTURE:
(CIRCLE ONE)
HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE~ YES ~NO;
IF YES, WHERE AND WHEN:
IS THIS A FOR-PROFIT OR NON-PROFIT EVENT? ~?IR~I_E 6~E~ '/ ~
IF TH~S IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A
NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING:
STATENAME OFNoN_PROFiTORGANIZATIONNuMBER:BEING BENEFITED: ~ )~ Li ~, ~ ~ ~, ~ '~, ~-,
ADDRESS OF ORGANIZATION: I(p(~ ~g~ ~ r ~ .... ~EI i~ ~1 (~ PHONE ~ ~-~/r~(¢ )~l
A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CI~
HEREBY CERTIFY THAT ALL [ TATEMENTS MADE IN THIS APPLICATION ARE TRUE AND
C~OMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS V~VILLCAL~SE A
SIGNATURE OF APPLICANT
ACCEPTANCE OF THIS APPUCATION FOR REVIEW DOES NOT iMPLY APPROVAL THIS
PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY
DATE
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
July 31,2006
Honorable Mayor & City Council Members
N. Enrique Martinez, City Manager -,'~/'l~
Laura Alderete, Manager of Marketing and Grants~.~
SUBJECT:
Chamber of Commeme Contract Negotiations
Recommendation:
Staff recommends that the City Council review a draft of the proposed contract
deliverables and provide direction to staff in order to finalize the contract.
Background:
At the regularly scheduled meeting on Tuesday, June 6, 2006, the members of
the Lynwood Information Inc. approved to fund the Chamber of Commerce
business promotion program. Staff was given direction to negotiate deliverables
that the Executive Board would be able to complete within a 12 month period.
Discussion & Analysis:
The Chamber of Commerce Executive Board has not provided an outline of
programs and services for City Council to consider as negotiated deliverables.
On July 13, 2006, staff received a proposed budget for FY June 2006 through
June 2007 (attached) from Mr. Juan Enciso.
Working from the Chamber's proposed budget, staff proposes the following as
terms and conditions to be added to the contract:
Chamber of Commeme Web Page--to be updated with listing of all
member businesses in the City of Lynwood, promote events and
local merchants
Plan, coordinate and host quarterly Lynwood Business Mixers
Organize an annual Lynwood Business Expo and Job Fair to be
held in the Spring
Lynwood Chamber of Commerce Monthly Newsletter
Fiscal Impact:
The $95,000 allocation to the Chamber is included in the adopted FY 2006/2007
Budget (50% RDA; 50% Recreation & Community Services).
.AGENDA
ITEM
/5
Coordinated With: Lynwood Chamber of Commerce
City Manager's Office
City Attorney's Office
Finance and Administration Department
LYNWOOD CHAMBER OF COMMERCE
PROPOSED BUDGET - FISCAL YEAR 06/06 -06/07
INCOME
City of Lynwood (LRA/PBID)
Chamber Fund Raising Events (See table below)
Meetings and Seminars
Business Expo/Job Fairs
$95,000
$43,000
$2,000
$3,000
Ratail Trade $2,000
Installation Dinner $1,000
Membership Dues (proiected income)
UMCE/LCC Business section
$22,500
$8,000
Miss Lynwood Chamber of Commerce
Total
$5,000
$181,500
FUND RAISERS - Income projection
Fireworks Stand $7,500
Street Fair # 1 $4,000
Street Fair # 2 $5,000
Golf Tournament # 1 $8,000
Golf Turnament # 2 $8,000
Dinner Dance Fund Raise $10,500
Total $43,000
EXPENSES
ADMINISTRATIVE
Executive Director Salary $40,000
Chamber Administrative Assistant Salary $24,000
Group insurance $5,200
Taxes (EDD, FICA) $16,000
Temp. Services (if needed) $5,000
Total $90,200
OFFICE
Rent ($1402 x 12) $16,824
Supplies $3,000
Printing ($500. X 8) $4,000
Postage ($500 x 12) $6,000
Copy Machine ($176.65 x 12) $2,120
Postage machine rental ($21.64 x 12) $260
Alarm Services ($36.70 x 12) $450
Telephone / Internet ($250. X 12) $3,000
Insurance (Liability) $3,500
Audit Accounting Services $5,000
Total $44,154
BUDGET 2006-2007
LYNWOOD CHAMBER OF COMMERCE
PROPOSED BUDGET - FISCAL YEAR 06~06 -06/07
PROMOTIONS
Installation Dinner $2,000
Monthly Membership Meetings $2,000
Business Expo Job Fair $2,000
Fund-Raiser expense $1,000
Chamber / City Promotion $5,500
Total $12,500
CONTRIBUTIONS
Youth Education $3,000
Scholarship $4,000
Sponsorships $2,000
Latino Chamber of Commerce ($1200.x12) $14,400
Total $23,400
MISCELLANEOUS
Award sponsorship (Trophies, plaques,etc) $2,000
Chamber/City Logo promotional items ( Pens, key chains, etc) $2,000
Membership Dues/Subscriptions $1,000
Miscellanous expenses $1,246
Consulting expenses $5,000
Total $11,246
BUDGET 2006-2007
0
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
July 31, 2006
Honorable Mayor & City Council Memb.~A/~ ~
N. Enrique Martinez, City Manager '"//~ L.~
William A. Rawlings, Redevelopment DiYector
Olivia L. Segura, Deputy Director of Redevelopment
SUBJECT: CALIFORNIA ENTERPRISE ZONE APPLICATION FOR
DESIGNATION 2006
Recommendation:
Staff recommends that after review and consideration, the City Council approve
one of the following actions:
Adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD TO APPROVE AND THE
MAYOR TO EXECUTE A CONTRACT WITH KOSMONT &
ASSOCIATES, INC., IN THE AMOUNT OF $89,989 AND THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT THE CALIFORNIA
ENTERPRISE ZONE APPLICATION FOR DESIGNATION TO THE
STATE OF CALIFORNIA'S DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT".
2. Postpone further action until the next California Enterprise Zone
Application for Designation is issued.
Background:
The California Enterprise Zone Program was created to stimulate economic
growth in the most economically distressed areas throughout the State. An
Enterprise Zone (EZ) is a geographical area in which companies are eligible for
exclusive state incentives and programs. State incentives that are available to
companies within an EZ include:
Tax credits for sales and use taxes paid on qualified machinery
purchases;
AGENDA
ITEM
· Tax credits for hiring qualified employees;
· Interest deductions for lenders on loans to firms within the areas;
· Fifteen-year net operating loss carry-forward;
· Accelerated expense deduction; and
· Priority for various state programs, such as state contracts.
There is an ongoing cost associated with the management of the EZ. The
duration of the designation period for enterprise zones is fifteen years.
Currently, 42 EZ are authorized and established throughout California. During
the last quarter of 2006 and the first quarter of 2007, 23 of the current 42
Enterprise Zones will reach the end of their designation periods The State of
California's Department of Housing and Community Development (HCD) is
responsible for program oversight and has issued applications for designation to
meet the statutory requirement that there shall be 42 Enterprise Zones in
California.
As a result of HCD's issuance of the EZ Application for Designation, the City of
South Gate invited the City of Lynwood to prepare a joint application. A joint
application process was presented by the City of South Gate as a method to
increase the opportunity for designation by eliminating competition from
neighboring cities and to minimize the costs involved with the application
process.
In 1986, the City of Lynwood was designated as part of the Mid-Alameda
Corridor Enterprise Zone along with the cities of South Gate, Huntington Park,
Los Angeles and the County of Los Angeles. Lynwood's former designation
expired in October of 2001.
Discussion & Analysis:
On September 6, 2006 the applications for EZ designation will be due to HCD.
Given the complexity of the application and the limited time frame in which it
must be prepared the City of South Gate chose to contract Kosmont &
Associates, Inc., to assist with the preparation of the EZ Application for
designation. The joint application partnership between the City of Lynwood and
the City of South Gate requires the City of Lynwood to also contract with
Kosmont & Associates, Inc., as data from both cities will be collected and
processed jointly.
Future opportunities to apply for designation will exist when additional enterprise
zones expire. HCD has not determined when new applications will be issued;
however, 11 zones will expire during 2008 - 2009.
Fiscal Impact:
The EZ Program assists with attracting economic investments by acting as an
incentive for businesses that locate within the EZ. It is difficult to determine how
many businesses will take advantage of the program although it is estimated that
during the City's former EZ designation 150 - 200 EZ hiring vouchers were
processed per year.
The cost involved with the EZ application process include professional consulting
services for the preparation of the application, compliance with the California
Environmental Quality Act (CEQA) including an Environmental Impact Report
(EIR) if the applicant is conditionally designated as an enterprise zone, EIR initial
study costs and ongoing costs associated with maintaining the program.
· Cost not to exceed $89,989 for professional consulting services pertaining
to EZ application for designation
· Estimated costs for EIR $40,000
· Estimated Costs for initial study $5,000
· Estimated annual cost for maintaining the Enterprise Zone $100,000
This amount represents the City of Lynwood's portion for staff and
resources needed to manage and deliver the enterprise zone program
jointly with the City of South Gate.
Funds are available in the Agency budget that may be used for this purpose.
Coordinated With:
City Attorney
Finance Department
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO
APPROVE AND THE MAYOR TO EXECUTE A CONTRACT IN THE AMOUNT
OF $89,989 WITH KOSMONT & ASSOCIATES, INC., AND THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT THE CALIFORNIA ENTERPRISE
ZONE APPLICATION FOR DESIGNATION TO THE STATE OF CALIFORNIA'S
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, the City of Lynwood is partnering with the City of South Gate
to jointly prepare the California Enterprise Zone Application for Designation. The
California Enterprise Zone Program was created to stimulate economic growth in
economically distressed areas throughout the State of California; and
WHEREAS, the City of South Gate selected Kosmont & Associates, Inc.,
to assist in the preparation of the application, and the joint application requires
that the City of Lynwood also contract with Kosmont & Associates, Inc., as data
from both cities will be collected and processed jointly; and
WHEREAS, the contract amount between the City of Lynwood and
Kosmont Companies is not to exceed $89,898; and
WHEREAS, the City Manager or his designee will submit the completed
Enterprise Zone application to the State of California's Department of Housing
and Community Development.
NOW, THEREFORE the City Council of the City of Lynwood does hereby
resolve as follows:
Section 1. That the City Council approve and the Mayor execute a
contract with Kosmont & Associates, Inc., an amount not to exceed $89,989.
Section 2. That the City Manager or his designee submit the California
Enterprise Zone Application for Designation to the State of California's
Department of Housing and Community Development.
Section 3. This Resolution shall go into effect immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this 31st day of July 2006.
Leticia Vasquez, Mayor
ATTEST:
Andrea L. Hooper, City Clerk
N. Enrique Martinez, City Manager
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
City Attorney
William Rawlings
Redevelopment Director
CONSULTING SERVICES AGREEMENT
This agreement ("Agreement") is made as of July 31, 2006 by and between the City of
Lynwood, a municipal corporation ("City") and Kosmont & Associates, Inc. ("Consultant").
City and Consultant are sometimes hereinafter individually referred to ag a "Party" and
collectively referred to as the "Parties."
RECITALS
WHEREAS, City desires to utilize the services of Consultant as an independent
contractor to provide consulting services to City as set forth in the attached Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Consultant are as described in Exhibit A.
B. Time of Performance. Consultant shall complete the specific services according to
the schedule of performance which is also set forth in Exhibit A.
2. Term of Agreement. This Agreement shall commence on July 31, 2006 (the
"Commencement Date") and shall terminate on July 31, 2007 (the "Termination Date"), unless
sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in
compliance with the schedule set forth in Exhibit A. Payment will be made only after
submission of proper monthly invoices in the form and manner specified by City. Each invoice
shall include a breakdown of all monthly services performed together with the hours spent on
each service.
B. Total payment to Consultant pursuant to this Agreement shall not exceed Eighty-Nine
Thousand Nine-Hundred Eighty-Nine Dollars ($89,989).
C. If at the request of the City, Consultant is required to incur out of pocket expenses
(including but not limited to, out-of-town travel and lodging) which are above and beyond the
ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to
reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which:
(i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written
authorization for Consultant to incur such expenses; and (iii) receipts documenting such
Consulting Services Agreement
expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between
the General Terms and Conditions and any other exhibit to this Agreement, the General Terms
and Conditions shall control unless it is clear from the context that both parties intend the
provisions of the other exhibit(s) to control.
5. Addresses.
City
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Mr. N. Enrique Martinez, City Manager
Consultant
Kosmont & Associates, Inc.
16501 Ventura Blvd. Ste. 511
Encino, CA 91436
Attn: Larry J. Kosmont, President & CEO
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated
and made part of this Agreement by this reference.
Exhibit A - Scope of Services and Time of Performance (five (5) pages)
Exhibit B - General Terms and Conditions (six (7) pages)
Exhibit C - Enterprise Zone Application Checklist (ten (10) pages)
///
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement
2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
written below.
CITY
CITY OF LYNWOOD
By:
Leticia Vasquez, Mayor
Date
CONSULTANT
By:
ATTEST:
By:
Andrea L. Hooper, City Clerk
Date
APPROVED AS TO FORM:
By:
J. Amoldo Beltrfin, City Attorney
Consulting Services Agreement
EXHIBIT A
SCOPE OF SERVICES
Consultant will work with Client to prepare an Enterprise Zone Application for
Designation in accordance with guidelines published by the State of California's
Business, Transportation and Housing Agency of the Department of Housing and
Community Development.
Task 1: Determine Data Sources
Consultant and Client will evaluate a checklist prepared by Consultant and reviewed by
Client of the information required to prepare an Application for Designation. This
checklist will be utilized to determine the likely sources and availability of data necessary
and Client's responsible team members.
Task 2: Define Enterprise Zone Boundary
Consultant will prepare a GIS map and table of all census block groups that are eligible
for consideration for designation as part of an Enterprise Zone. With these maps and
tables, Consultant will have a working meeting with Client to identify desired census
block groups that will comprise the potential Enterprise Zone. A comprehensive
boundary will be defined based on the collective block groups.
Task 3: Collection and Development of Required Information
Consultant will work with Client to collect and develop the information necessary to
complete the application. In some instances this will require Consultant and Client to
meet to create policies, procedures, and plans that will be applicable to the proposed
Enterprise Zone. Some of the information required will be collected and compiled by
Client, and some will be compiled by Consultant at the discretion of Client and as
proposed in the application checklist (Attachment C). Attachment C includes a
comprehensive list of the information that will be collected and/or developed during this
task by Client and Consultant.
Task 4: Creation of Application Documents
Consultant will prepare the required application documents in a format congruent with
the final application based on the information collected in Task 3 and in accordance with
State guidelines (Attachments B). This Task will include the preparation of GIS files
required as part of the application. Client will provide any available and pertinent data
files that will assist Consultant in the preparation of these documents. Client will review
the prepared application documents and notify Consultant of any changes desired.
Consultant will integrate revisions into the final draft of the application documents.
Task 5: Preparation and Submission of Application
Consultant will prepare a final draft of the application for Enterprise Zone designation.
Client will have the opportunity to review the final draft. Any desired changes will be
made, and a final version will be completed. A hard copy and compact disc of the final
version will be provided to Client for submission to the State. The compact disc will
contain all electronic information required by the State to be included with the hard copy
of the application. Client will also receive an electronic copy of all documents included
in the submitted application. Consultant will provide the final application documents to
Client one week prior to the required submission date, currently September 6, 2006.
Task 6: Post Submission Support
Consultant will assist client and act as a contact as necessary and desired by Client to
provide any additional information or clarification requested by the State regarding the
submitted application for Enterprise Zone designation.
III. PROJECT BUDGET
Lynwood Enterprise Zone Application
Budget
Task 2. Determine Da~a s~ces $1;800
Task 4. Creation of Application Do~me~is
.................................................................................. $13,500
~.!5 5, Pr~p~!?ti°n and SubmiSsi°n of Application $'/1200
TOTAL $76,950
Consultant will provide the services described in Tasks 1 through 6 above on a time and
materials basis, pursuant to the attached hourly rate sheet with identified ranges of costs
within tasks, not to exceed a total of $89,989. This amount includes an administrative fee
for in-house copy, fax, telephone and postage costs to be computed at two percent
(2.0%) of monthly professional services incurred. Retention of a surveyor may be
required to develop a legal description of the Enterprise Zone area and could cost up to
$3,000. In addition, subject to Consultant and City approval, Consultant may identify a
graphic and printing vendor for direct engagement. Said vendor would supply graphic
support as needed, andbe coordinated by Consultant. It is expected that graphics/printing
services could cost up to $7,500. All expenses associated with the retention of a surveyor
and graphic/printing vendor will be billed at cost and are in addition to the project budget.
Services shall be invoiced monthly, plus reimbursement for out-of-pocket expenses such
as travel and mileage, professional printing, conference calls, and delivery charges for
messenger and overnight packages at actual costs. Any unpaid invoices after 60 days of
receipt by the City shall accrue interest at the rate of 10% per annum. Total project costs
will not exceed $89,989, which sum includes a maximum amount up to $76,950 for
professional services, $1,539 for administrative fees, $1,000 for reimbursables, $3,000
for land surveyor fees, and $7,500 for graphics/printing services.
IV. PROJECT SCHEDULE
Final document will be provided one week prior to the State submission deadline,
currently September 6, 2006.
V. PROJECT STAFFING
Mr. Larry J. Kosmont, CRE, will be available to assist with key meetings and
presentations required for this assignment. Mr. Kosmont is the President & CEO of
Kosmont Companies, which he founded in 1986. Mr. Kosmont has an extensive track
record as a public real estate manager and private real estate consultant. His expertise is
in creating and managing public/private transactions through phases of entitlement
approvals, negotiation, financing and implementation. During his 28-year career in
public and private real estate, he has negotiated and managed real estate transactions with
a total value exceeding $10 billion. He is a nationally recognized real estate and
economic development expert, specializing in matching private sector real estate
opportunities with public sector land use policies, regulations, and financing/incentive
programs
At Mr. Kosmont's direction, the following team and/or appropriate alternates shall be
assigned:
C. Wil Soholt, Senior Vice President at Kosmont Companies has broad experience in
project management from design concept through occupancy. While working with a
local education agency in Los Angeles Cotmty, he managed in excess of 25 projects with
an aggregate project cost of $140 million. He has a talent for consensus building,
creative problem solving, and strategic planning. His extensive financial and analytical
abilities support a wide variety of projects including feasibility modeling, economic
analyses, demographic projections, and data mining. Mr. Soholt holds a Master of
Business Administration from Pepperdine University and a Bachelor of Science in Urban
Plarming and Real Estate Development from the University of Southern California.
Roger A. Dale is a Principal with TNDG and will serve as project lead. Mr. Dale is a
consistent independent contractor member of the Kosmont Team serving in the role of
Senior Consultant. Mr. Dale provides a vast range of economic and financial analyses,
and has a highly visible role in presenting projects in public forum. Mr. Dale received his
B.A. cum laude in Economics from Claremont McKenna College in Claremont,
California. He also holds a master's degree in Resource and Environmental Economics
from the University of California at Riverside.
Harpal Sadhal serves as a Project Associate for Kosmont Companies. Mr. Sadhal has a
strong background in market research, due diligence and financial analysis. His
experience includes market research, title and zoning analysis, scouting land, budget
analysis and preparing financial overview studies for development projects. Mr. Sadhal
holds a Bachelors of Arts in Psychology and Business from the University of Southern
California. He additionally holds professional designation certificates from the University
of California, Los Angeles in both Real Estate Finance and in Construction Management.
Matt Goulet serves as a Project Analyst for Kosmont Companies. Mr. Goulet brings
with him a decade of experience with a variety of industries that are vital to the Southern
California economy including Aerospace, Entertainment, and Manufacturing. He has a
strong background in relationship management, marketing, and engineering as well as a
comprehensive understanding of the history and development of the Los Angeles region.
Mr. Goulet holds a Bachelor of Science in Mechanical Engineering from the University
of Maryland and a Masters of Business Administration from California State University,
Northridge. He is also a docent with the Los Angeles Conservancy.
Other staff members, as required, will also assist the project team.
ATTACHMENT A-1
Kosmont Companies
2006 Public Agency Fee Schedule
Professional Services
President & CEO
Partner
Senior Vice President/Senior Consultant
Vice President/Associate
Project Analyst
GIS Mapping/Graphics Service/Research
Clerical Support
$250.00/hour
$225.00/hour
$175.00/hour
$155.00/hour
$105.00/hour
$ 95.00/hour
$ 60.00/hour
Reimbursables
An administrative fee for in-house copy, fax, phone and postage costs
will be computed at four percent (2.0 %) of monthly Kosmont
Companies professional service fees incurred.
Reimbursables shall be charged at cost for out-of-pocket expenses such
as travel and mileage, professional printing, conference calls, and
delivery charges for messenger and overnight packages
Charges for Court/Deposition/Expert Witness-Related Appearances
Court-related (non-preparation) activities, such as court appearances,
depositions, and expert witness activities, will be charged at a court rate
of 1.5 times scheduled rates, with a 4-hour minimum.
Rates shall remain in effect until December 31, 2006.
EXHIBIT B
GENERAL TERMS AND CONDITIONS
Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant's employees, except as set forth in
this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its
agents or employees are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency
regarding the independent contractor status of Consultant and the audit in any way fails to sustain
the validity of a wholly independent contractor relationship between City and Consultant, then
Consultant agrees to reimburse City for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and onsultant s employees. Consultant further agrees to indemnify and hold City
C
harmless from any failure of Consultant to comply with applicable worker's compensation laws.
City shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant's failure to
promptly pay to City any reimbursement or indemnification arising under this Section 1.
2. Standard of Performance.
A. Consultant shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or
his/her designee may from time to time assign additional or different tasks or services to
Consultant, provided such tasks are within the scope of services described in Exhibit A.
However, no additional or different tasks or services shall be performed by Consultant other than
those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager
or his/her designee.
13. The Deputy Director of Redevelopment shall, until further notice to Consultant,
administer this Agreement and provide for immediate supervision of Consultant with respect to
the services to be provided heretmder.
Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and
Consulting Services Agreement
Exhibit iii
duties agreed to be performed under this Agreement, and City is relying upon the skill and
knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemnitees") shall have no
liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect
and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes
of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of
whatever nature, including reasonable attorneys' fees and disbursements (collectively
"Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become
subject by reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or other loss occurring as a result of or
allegedly caused by the Consultant's performance of or failure to perform any services under
this Agreement or by the negligent or willful acts or omissions of Consultant, its agents,
officers, directors, subcontractors, subconsultants or employees, committed in performing any
of the services under this Agreement. Notwithstanding the foregoing, the provisions of this
subsection shall not apply to Claims occurring as a result of the City's sole negligence or
willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, subconsultant 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 in this Section, Consultant agrees to be fully responsible according to the
terms of this Section. Failure of the City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend h~demnitees as set forth herein shall
survive the termination of this Agreement and is in addition to any rights which City may
have under the law. This indemnity is effective without reference to the existence or
applicability of any insurance coverages which may have been required under this Agreement
or any additional insured endorsements which may extend to City.
4. Insurance.
A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section
3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense
during the term of this Agreement the types and amounts of insurance as described below:
(i) Commercial General Liability Insurance using Insurance Services Office
Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs
must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than $1,000,000
per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
Consulting Services Agreement Exhibit B
2
1,000,000 per accident, combined single limit. If consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described in the preceding subsection. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
(iii) Workers' Compensation insurance on a state approved policy form providing
statutory benefits as required by law with employer's liability limits no less than
$1,000,000 per accident for all covered losses.;
B. City, its officers, officials, employees and volunteers shall be named as additional
insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance procured pursuant to these requirements shall be written by insurers that
are admitted carriers in the state of California with a Best's rating of no less than A:VII.
D. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to
CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of
Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not
cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (i) insurance certificates indicating compliance with
the minimum worker's compensation insurance requirements above, and (ii) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not
less that one (1) day prior to beginning of performance under this Agreement. Endorsements
shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement".
F. The Consultant's insurance shall be primary as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the City,
its officers, officials, employees and volunteers shall be excess of the Consultant's insurance
and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect, and such insurance is available at a reasonable cost, City may take out the necessary
insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation
of Consultant and the cost of such insurance may be deducted, at the option of City, from
payments due Consultant.
5. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that 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
Consulting Services Agreement
Exhibit B
without written authorization by City. City shall grant such authorization if disclosure is
required by law. All City data shall be returned to City upon the termination of this Agreement.
Consultant's covenant under this section shall survive the termination of this Agreement.
6. Ownership of Work Product. All reports, documents or other written material
developed by Consultant in the performance of this Agreement shall be and remain the property
of City without restriction or limitation upon its use or dissemination by City. Such material
shall not be the subject of a copyright application by Consultant.
7. Conflict ofInterest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Consultant further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid
the appearance of having any interest which would conflict in any manner with the performance
of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of
this Agreement, or the services that may be procured by the City as a result of the
recommendations made by Consultant. Consultant's covenant under this section shall survive the
termination of this Agreement.
8. Termination for Cause. Should Consultant fail to perform any of the obligations
required of Consultant within the time and in the manner provided for under this Agreement
within seven (7) days after receipt from City of a written notice of such default, or should
Consultant violate any of the terms and conditions of the Agreement, City may terminate this
Agreement with cause upon thirty (30) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination. Consultant agrees that
in the event of such termination, City's obligation to pay Consultant shall be limited to payment
only for those services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services, preserve the product of the services, and tum over to City the product of the
services in accordance with written instruction of City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Consultant or under its supervision, and all personnel
engaged in the work shall be qualified to perform such services. Consultant reserves the right to
determine the assignment of its own employees to the performance of Consultant's services
under this Agreement, but City reserves the right, for good cause, to require Consultant to
exclude any employee from performing services on City's premises.
10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted
Consulting Services Agreement
Exhibit B
documentation acceptable to the City Manager, establishing that it is financially solvent, such
that it can reasonably be expected to perform the services required by this Agreement. Within
thirty (30) days of the first anniversary of the effective date of this Agreement, and each year
thereafter throughout the term of this Agreement, Consultant shall submit such financial
information as may be appropriate to establish to the satisfaction of the City Manager that
Consultant is in at least as sound a financial position as was the case prior to entering into this
Agreement. Financial information submitted to the City Manager shall be returned to Consultant
after review and shall not be retained by City.
11. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all roles and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultant's obligations hereunder, without the prior written consent
of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or
obligations arising hereunder shall be void and of no effect.
13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of
the first anniversary of the effective date of this Agreement, and each year thereafter throughout
the term of this Agreement. The work product required by this Agreement shall be utilized as
the basis for review, and any comments or complaints received by City during the review period,
either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing
the written report, ff any noncompliance with the Agreement is found, City may direct
Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as
provided herein.
14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and
Local laws, ordinances, codes and regulations which in any manner affect those employed by it
Consulting Services Agreement
Exhibit B
or in any way affect the performance of its service pursuant to this Agreement. The Consultant
shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers
and employees shall not be liable at law or in equity occasioned by failure of Consultant to
comply with this Section.
15. Licenses. At all times during the term of this Agreement, Consultant shall have in full
force and effect all licenses (including a City business license) required of it by law for
performance of the services hereunder.
16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Consultant, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
17. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement,
the prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including reasonable attorney's fees and costs, including costs of expert witnesses and
consultants.
18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during Consultant's regular
business hours or by facsimile before or during Consultant's regular business hours; or (b) on the
third business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section.
19. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of Califomia.
20. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
21. Severability. If any provision or any part of any provision of this Agreement is found
to be invalid or unenforceable, the balance of this Agreement shall remain in full force and
effect.
22. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between Consultant and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in a
writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf
Consulting Services Agreement Exhibit
6
of the City will only be valid if signed by the Mayor and attested by the City Clerk.
23. Authority. The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
Consulting Services Agreement Exhibit B
7
EXHIBIT C
ENTERPRISE ZONE APPLICATION CHECKLIST
City of Lynwood
Enterprise Zone Application Proposal
July I 1, 2006
Page 80 0£90
City of Lynwood
Enterprise Zone Application Proposal
July 11, 2006
Page 81 of 90
City of Lynwood
Enterprise Zone Application Proposal
July I 1,2006
Page 82 ofgO
City of Lynwood
Enterprise Zone Application Proposal
July lk 2006
Page 83 of 90
City of Lynwood
Enterprise Zone Application Proposal
July I 1, 2006
Page 84 of 90
City of Lynwood
Enterprise Zone Application Proposal
July I 1, 2006
Page 85 of 90
}-rD
E
City of Lynwood
Enterprise Zone Application Proposal
July I I, 2006
Page 86 of 90
City of Lynwood
Entepprise Zone Application Proposal
July 11,2006
Page87ofg0
City of Lynwood
Enterprise Zone Application Proposal
July I h 2006
Page 88 of 90
City of Lynwood
Enterprise Zone Application Proposal
July /1~2006
Page89of90
City of Lynwood
Enterprise Zone Application Proposal
July I I, 2006
Page 90 of 90
AGENDA STAFF REPORT
Date:
To:
Approved By:
Prepared By:
Subject:
July 31, 2006
Honorable Mayor and Members of the City Council
N. Enrique Martinez, City Manager
Autra C. Adams, Int. Dir. Recreation & Community Services
Perry Brents, Deputy Director
Request for Assistance:
Emmanuel Temple Church Community Day
Recommendation:
Staff recommends that the City Council approve the request for staff and
supplies on hand only.
Background:
A request has been made by Greater Emmanuel Temple Apostolic Church for
the City to provide assistance with their "Community Day" on Saturday, August
26, 2006 from 9:00 A.M. - 3:00 P.M.
Discussion & Analysis:
Greater Emmanuel Temple Apostolic Church is requesting the City to provide the
following:
Stage and Sound Equipment
· Tables
· Chairs
· Port-A-Potties
· Games
· Tents/Canopies
In the past, as a public service, the City has supported this type of activity at
varying levels for several churches located inside the city.
Fiscal Impact:
The City owns all of the requested items except for portable restrooms. The cost
to provide the two portable restrooms is $175. Staff time for set-up/break down of
the stage, sound and canopies is estimated at $1250. Staff time to operate
games and a City booth for the event is estimated at $320. The costs for staff
time can be absorbed into the existing budget.
Coordinated With: Finance Department
Quality of Life Services
City Attorney's Office
recreatn/agenda 2006/REQUEST for Assistance Emmanuel Temple Church 8 1 06
-AGENDA
ITEM
/?
EMMANUEL TEMPLE
July 12, 2006
Mr. Perry Brents, Deputy Director
Recreation and Community Services Department
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Dear Mr. Brents:
Emmanuel Temple Church of Apostolic Faith, Inc. was established
September 5, 1965. We have served the community with various community
related projects such as youth workshops, job fairs, drug counseling and
seminars, financial planning, food assistance, utility and rent assistance, as
well as other needs as necessary for our members and surrounding
community. We have helped many youth to transform their lives to living a
clean and good moral life. We've also assisted in the rehabilitation of those
using drugs, as well as helping families to stay together.
In efforts to reach out to Lynwood, Greater Emmanuel Temple will be having
a "Community Day." It is our desire to assist residents of Lynwood by giving
away food, clothing, furniture, and other useful amenities. We also wish to
provide safe and fun activities for the youth of our community on this day as
well. The appointed day to hold this event is -
Saturday, August 26, 2006 9:00a.m. - 3:00 p.m.
Realizing that this is a vast prOject, we are seeking assistance from the City of
Lynwood in making this day a success. We are asking to utilize such
resources as staging and sound equipment, and any other equipment that will
help make this day a success.
We hope that you work with us to help make this an enjoyable and successful
event.
Sincerely,
Dr. Carla Greenwood,
Office Manager
Bishop Carl W. Stewart,
Pastor & Founder
Bisho~ Carl W. Stewart
EMMANUEL TEMPLE
bis hop~em manuellemple org
~31SHOP CARL W STEWART
July 12, 2006
To: Lynwood City Council Members:
The following items are requested for -
Community Day - August 26, 2006
Greater Emmanuel Temple
· Stage and Staging Equrpment
Speakers
o Amplifiers
Mixing Board
· Tables
· Chairs
· Port- a - Potties
· Promotional Assistance
· Games
· Tents/Canopies
Your generosity is greatly appreciated in making this day a success. We
appreciate your consideration during this endeavor.
If you have any further questions or concerns, please don't hesitate to call
our office at (323) 979-4126.
Sincerely,
Dr. Carla Greenwood,
Office Manager
Bislmp Carl Fi. Stewart
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
July 31,2006
Honorable Mayor & City Council Members
N. Enrique Martinez, City Manager
Autra C. Adams, Int. Dir Recreation/Assr to the City Manager ~U~
Daniel G. Miller, Sr. Administrative Analyst
SUBJECT:
Request for Travel Funds from RoyaI-T and Track Club for
USATF Junior Olympic Competition, July 25-30, 2006
Recommendation:
Staff recommends that the City Council provide further direction relative to this
matter.
Background:
Four students, accompanied by a teacher/coach from Lynwood High School, will
be competing at the USATF Junior Olympic Championships 2006, in Baltimore,
Maryland. They will compete at the 40th USATF National Junior Olympic Track &
Field Championships at Hughes Stadium on the campus of Morgan State
University in Baltimore, Maryland. The competition will take place from July 26
through July 30.
The student-athletes are great ambassadors for the City of Lynwood and are
excellent students (report available upon request). Their accomplishments
include ranking as one of the top performers of athletic endeavors from within the
City of Lynwood.
The City has received a request to assist with funding the travel and a
Councilmember requested that this be considered by the City Council.
Discussion & Analysis:
The Royal-T and Track Club produced a detailed budget for the travel, lodging
and food for the Junior Olympic Championships 2006 in Baltimore.
The budget shows a total of $7,495 in costs. The group was able to obtain
$2,558 of the necessary funding through fundraising, and donations from parents
and employers. The balance of $4,942, was paid through a loan from one of the
families and the Head Coach of the team. The Royal-T and Track Club is
AGENDA
ITEM
requesting from the City of Lynwood a sponsorship for this Junior Olympics
competition in the amount of $4,942.
Fiscal Impact:
The requested travel funds in the amount of $4,942 were not included in the
adopted budget. Should the Council desire to sponsor the group, funding could
be obtained from the City Council's budget.
Coordinated With: Finance Department, City Attorney's Office
RoyaI-T and Track Club
LSA/USATI~ Non-profit ID 1)471530
TRACK AND FIELD
Mr. Enrique Martinez
Attention: City Manager
City of Lynwood
11330 Bullis Rd.
Lynwood, California 90262
Re: Proposal for Funding Lynwood Student Advancement to USATF Junior
Olympic Competition July 25 - July 30, 2006 Baltimore, Maryland
Dear Mr. Martinez
Royal-T Track and Field Club/LSA have met the needs of at risk student-athletes since 2001.
On June 4, 2006, Yajaira Zarate, a 3.4 GPA GATE student from Washington Elementary broke
California's SCMAF 800 meter record for her age division. She and three of her teammates,
Johnny Dominguez, Ruben Dominguez, and Tiffany Hemanedez, advanced to the USATF Junior
Olympic Championships for 2006 this pass weekend. Only the top three individuals per event
advanced from the region (six states includes). Given that Southern California's Region 15 is one
of the toughest associations in the country, and Junior Olympian status qualifies these student -
athletes as being among the top in the world for their age, this is a distinguished honor. Imagine
ten year olds competing at high school level. These young people are that good. To learn more
about our athletes and select group they are members of go to http://www.usatf, org/groups/Youth/
Nevertheless, the issue for our parents and students is whether, or not, they will be able to make it
to this event. We need to raise 7,200.00 to cover travel, room and board, local transportation, and
food expenses. Our parents have committed themselves to fundmising throughout the year and
simply have not been able to achieve the necessary amount to send everyone to this event.
These student-athletes have been great ambassadors for the City of Lynwood around the country.
The are superior students (report available upon request) and great citizens. Their
accomplishments ranks as the top performance of any athletic endeavor form within our
community this year. Hence, I am requesting that the City of Lynwood sponsor this group
representing the City of Lynwood at the USATF Junior Olympic Championships 2006.
CC: Leticia Vasquez, Mayor
Rev. Alfreddie Johnson, Jr., Mayor Pro Tem
TRi~&CI( ,t~NO FIELD
Travel Budget
USATF Junior Olympic Championships July 25 - July 30, 2006
Number of Persons Traveling: Approximately 6
Item Purpose Cost
1) (6) Airline Tickets Round TripTravcl from Los $4,640.00
530.00ea. (x4) + 640.00 (x3) Angeles to Baltimore
+ Taxcs/Fces (600.00)
2) (1) Minivan Rental ~ (x Transportation to event $1,155.00
5 days) Baltimore, Maryland
3) (3) Motel Rooms ~ (5 Room and Board for Athletes $1,100.00
days)
4) Food ~ 20.00 per day Meals for Athletes $600.00
(x6 people)(x5 days)
Total $ 7,495.00