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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