AGENDA ITEM NO. 10
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:
Progress Payment #4 in the amount of $331,027.50 due to Elecnor Belco Electric of Chino, CA for Highway Safety Improvement Project Traffic Signal Upgrade and Reconstrcution 120th St Improvement Project – Prairie Ave to Felton Ave (Project #21-06) RECOMMENDED MOTION:
Staff recommends that the City Council approve this Progress Payment #4 to Elecnor Belco Electric of Chino, CA.
DISCUSSION:
This project includes upgrading the existing traffic signals at nine different locations on 120th St between Prairie Ave and Felton Ave, at the intersections of: Prairie Ave, York Ave, Freeman Ave, Birch Ave, Grevillea Ave, Ramona Ave, Eucalyptus Ave, Inglewood Ave and Felton Ave.
The work consists of traffic signal upgrades, trenching and installing conduits, construction of curb and gutter, sidewalks, and ADA ramps, striping and adjustment utilities and all other work necessary to complete the improvements in accordance with the Plans and Specifications.
Utility potholing, underground conduit placement, traffic control and utility pull box placement are currently taking place.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
This project is a result of the City working closely with funding and regulatory agencies to support and improve our infrastructure.
FISCAL IMPACT:
None. Funds for this progress payment in the amount of $331,027.50 are available in the adopted Fiscal Year 2023-2024 budget and will be paid for with approved and allocated Highway Safety Improvement Program (HSIP) Grant and Measure R.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
1. Progress Payment #4
AGENDA ITEM NO. 11
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: City Manager
City Manager: __________
Vontray Norris
SUBJECT:
Potential Annexation of Unincorporated Regions within Hawthorne.
RECOMMENDED MOTION:
Staff Recommends that the City Council provide staff with direction regarding the annexation of the unincorporated regions within its Sphere of Influence (SOI), with a particular focus on Region #2, encompassing approximately 76.233 acres. Annexing these areas will promote orderly growth, enhance development opportunities, and consolidate services within the City. The estimated financial impact of this annexation is approximately $25,000.
DISCUSSION:
Annexation is the process by which a territory, typically land or property, is legally added to an existing political or administrative unit, such as a municipality, city, or country. It involves expanding the boundaries of the larger entity to include the newly acquired area, thereby bringing it under the jurisdiction and governance of the annexing authority. Annexation can occur through voluntary agreements between the affected parties or through governmental actions, subject to specific laws and regulations. The purpose of annexation can vary, but it often aims to provide additional resources, services, and infrastructure to the annexed area while expanding the administrative control of the annexing entity.
Summary of annexation process:
1. Initiation: The process typically begins with a proposal or request for annexation by either a property owner or a local government entity.
2. Study and Planning: The local government will conduct a study to assess the potential impacts of the annexation, such as infrastructure needs, services, and costs.
3. Public Hearings and Notices: Public hearings are held to gather input from residents and stakeholders who might be affected by the annexation. Proper public notices are issued to inform the community about the proposed annexation.
4. Approval by Local Government: The annexation proposal is reviewed by the local government, and if deemed appropriate, it is approved through a resolution or ordinance.
5. Boundary Adjustment: Once approved, the boundaries of the annexed area are adjusted to include the new territory within the municipality's jurisdiction.
6. Legal Process: Legal documents are prepared and filed to finalize the annexation and update official records.
7. Provision of Services: The annexed area will start receiving municipal services like water, sewer, police, and fire protection, which were previously not available to them.
8. Transition Period: Depending on the specific requirements and regulations of the region, there may be a transition period during which the annexed area adapts to the new local laws and regulations.
The City of Hawthorne has identified several unincorporated regions within its SOI that would benefit from being incorporated into the City limits. Annexing these areas aligns with the City's strategic objectives of fostering economic development, ensuring efficient service delivery, and managing future growth effectively.
Region #2, encompassing approximately 76.233 acres, has been identified as a priority area for annexation due to its unique geographical characteristics. This region is an "island" surrounded entirely by existing City boundaries. This will allow the city to move forward with annexation without protest.
Annexation can offer several potential benefits, both to the annexing municipality and the annexed area. Some of the common benefits include:
1. Expanded Tax Base: Annexing new areas can increase the tax base of the municipality, providing additional revenue to fund public services and infrastructure projects.
2. Improved Services: Residents in the annexed area gain access to municipal services such as water supply, sewage, garbage collection, police, and fire protection, which may be more reliable and efficient than their previous services.
3. Economies of Scale: Larger municipalities can achieve economies of scale in service provision, leading to potential cost savings in delivering services and implementing projects.
4. Streamlined Planning and Zoning: Annexation allows for more comprehensive planning and zoning, leading to more efficient land use and development.
5. Enhanced Representation: Residents of the annexed area gain representation in the municipal government, allowing them to have a voice in local decisions and policies.
6. Infrastructure Development: Annexation can facilitate the extension of infrastructure, such as roads and utilities, to the newly added territory.
7. Increased Property Values: In some cases, annexation can lead to increased property values in the annexed area due to improved services and infrastructure.
8. Regional Cooperation: Annexation can promote regional cooperation and coordination in addressing shared challenges and opportunities.
However, it's important to note that annexation can also have its challenges and drawbacks, such as potential resistance from residents in the annexed area, financial responsibilities for the municipality, and concerns related to changes in local identity and culture. The specific benefits and drawbacks of annexation can vary depending on the particular circumstances and context of each Sphere of Influence (SOI).
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
4.1 Secure funding, develop RFP, and execute contract for consultant to reorganize and update zoning code, prepare drafts of new zoning code chapters, and adopt new zoning code.
FISCAL IMPACT:
Estimated financial impact of the annexation is approximately $25,000.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
1. - City of Hawthorne SOI Map: A map depicting the City's sphere of influence (SOI) and the identified unincorporated regions targeted for annexation.
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AV
CT
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5100
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149TH
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ST
S
BLVD
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ST LN
BUREN
CT
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149TH ST
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149TH
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W
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W 150TH
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150TH
LA
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4300
15100
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ST
CT
150TH
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PL
CT
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1000
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1900
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1300
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1000
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W 152ND PL 15100
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15100
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15100
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3900
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15200
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15200
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1000
1400
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15300
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AV
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1500
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1500 18TH ST NORMAND EI
18TH ST
AV
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DOOLITTLE DR
REDONDO
HARKNESS
CHESTNUT AV
MAGNOLIA
Los Angeles
International Airport (LAX)
Incorporated July 12, 1922 West Athens
Los Angeles
Air Force Base
Hawthorne
Municipal
Airport
LA Southwest
College
Dominguez Channel
LOS
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INGLEWOOD
EL SEGUNDO
GARDENA
MANHATTAN
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LAWNDALE
REDONDO
BEACH
HAWTHORNE
CO
CO
CO
Westchester
Westmont Lennox
Del Aire
West
Alondra Park
µ
Revised: May 22, 2023 C:\GIS\MXDs\Cities\Hawthorne
Hawthorne Sphere of Influence Legend
Hawthorne Sphere
of Influence (SOI)
City of Hawthorne
¥
op405
Sphere of Influence History
Action Effective Date
Established 11-14-73
Reconfirmed 09-28-05
Reconfirmed 08-12-15
1 in = 0.4 miles
0 0.25 0.5 1
Miles
Study V, Area 1(C) 1 Established 11-14-73
Study V, Area 3 2 Established 11-14-73
Study V, Area 6 3 Established 11-14-73
Study V, Area 7 4 Established 11-14-73
Areas 1 & 2 5 Established 04-25-84
Area E(1) Joint SOI
Gardena, Lawndale, and Hawthorne
Established 11-28-84 6
¥
op105
Ä
Å1
1 2
3 4
5 6
Joing SOI Gardena and Hawthorne
Removed 09-28-05
AGENDA ITEM NO. 12
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:
Approval of Purchase of up to Seventeen Police Department Vehicles RECOMMENDED MOTION:
Staff recommends that the City Council authorize the Public Works Director to proceed with the order and purchase of up to Seventeeth Police Department Vehicles.
DISCUSSION:
In response to the pandemic, major automobile manufacturers such as Ford, Chevy, and Dodge made the decision to suspend the production of parts and canceled numerous orders that had been placed by government agencies for police vehicles over the course of the last three years.
This has resulted in a shortage of police vehicles, causing law enforcement agencies to face difficulties in acquiring the necessary vehicles for their operations. To address this urgent situation, these manufacturers briefly opened their order banks to allow purchases, but the overwhelming demand caused the available vehicles to sell out instantly. As a result, there is insufficient time to follow the standard procedure of obtaining council approval for the purchase.
Considering the urgency of the situation, the staff anticipates that there will be another opportunity to place orders in the upcoming months. However, to ensure that they can acquire the needed vehicles, they need to secure the funds for purchasing up to seventeen police patrol vehicles.
The specific vehicles required are as follows:
Two 2023 Ford F150 4x4 SSV crew cab, estimated to cost $58,365.51 per unit. Five 2024 Ford Expedition SSV 4x4, estimated to cost $66,788.61 per unit. Ten 2024 Ford Police Interceptor Utility Hybrid, estimated to cost $67,538 per unit.
Due to the exceptional circumstances created by the pandemic-related shortage and the high demand for police vehicles across various agencies, the purchase of these vehicles is considered an emergency procurement. This classification allows the agencies to bypass the traditional bidding process typically required for equipment purchases. Instead, they are authorized to proceed with the acquisition of the necessary vehicles immediately to address their pressing operational needs.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
The presence of a fleet of modern and dependable police vehicles significantly enhances the City's law enforcement capabilities, which, in turn, leads to improved public safety. This heightened sense of security becomes a magnet for businesses, residents, and tourists, fostering economic growth through increased investments and spending. Furthermore, the deployment of upgraded police vehicles positively impacts the community's perception of law enforcement.
Witnessing local police equipped with state-of-the-art vehicles instills a sense of trust and safety, creating a more cohesive and stable environment that attracts potential investors and businesses.
A safer City with a strong law enforcement presence also becomes a more appealing destination for tourists. As tourism flourishes, local businesses such as hotels, restaurants, and shops benefit from the additional revenue generated by visitors, thereby contributing to the overall growth of the local economy. Additionally, the investment in modern police vehicles pays off in the long run as these newer vehicles boast better fuel efficiency and require less maintenance, resulting in reduced operational expenses for the City over time. This cost-saving measure can be redirected towards other developmental projects or public services, further bolstering the City's economic prosperity.
FISCAL IMPACT:
None. The estimated amount of $1.2M is available and will be paid with the approved and allocated Equipment and Asset Forfeiture Funds.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
1. Purchase Order
2. Price Quote
PUBLIC WORKS DEPARTMENT
Vendor Name Agreement 2023 Amounts Account Number Description Police Vehicle In Process $1,200,000.00 600-3103-000-0-0-47404, 230-2102-000-0-0-47404 Purchase of up to seventeen Police Vehicles Total: $1,200,000.00
AGENDA ITEM NO. 13
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:
Progress Payment #1 in the amount of $71,250.00 due to Huntington Beach Electric Inc of Huntington Beach, CA for Hawthorne Jim Thorpe Park and City Hall Council Chambers Lighting Project (Project #23-07)
RECOMMENDED MOTION:
Staff Recommends that the City Council approve this Progress Payment #1 to Huntington Beach Electric Inc of Huntington, CA.
DISCUSSION:
This project includes providing all services, labor, materials, permits, insurance, tools and equipment needed, in accordance with the Plan and Specifications to successfully and safely complete the lighting retrofits and panel upgrade at Jim Thorpe Park and retrofitting Hawthorne City Council Chamber.
The work consists of procuring and installing a new electrical panel and (80) light fixtures at Jim Thorpe Park. As well as, procuring and installing (75) light fixtures, (4) new televisions, and the removal and dispose of existing projectors/screens and all other work necessary to complete the improvements in accordance with the Plans and Specifications.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
This lighting and panel upgrade can contribute to our economic strategic plan in several ways.
For example, the new energy efficient light fixtures will help lower cost of lighting the baseball and futsal courts at Jim Thorpe Park and promotes a more inviting environment for residents to
participate/attend city council meetings thus helping the City create a recognizable and relevant brand.
FISCAL IMPACT:
None. Funds for this progress payment in the amount of $71,250.00 will be paid for with funds through Energy Efficiency & Conservation Block Grant (EECBG) Program.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
1. Progress Payment #1
2. Invoice
Invoice
Date
7/17/2023
Invoice #
2021-18-118
Bill To
CITY OF HAWTHORNE
Huntington Beach Electric Inc
PO BOX 1626
HUNTINGTON BEACH, CA 92647
P.O. No.
Phone #
714-264-9522
Fax #
714-276-6418
E-mail
[email protected]
Web Site
WWW.DONTPANICBRO.COM
Total
Item Description Qty Serviced Amount Address of work
MOBILZATION BONDS, INSURANCE 7/10/2023 4455 W 126TH STREET,
HAWTHORN
1 15,000.00
LED CITY HALL LED RETROFIT 1 7/13/2023 60,000.00 4455 W 126TH STREET $75,000.00
23-07
4455 W 126TH STREET
HAWTHORNE, CA
TOTAL PROJECT VALUE: $444,000
TOTAL EARNED VALUE: $75,000
TOTAL INVOICED AMOUNT: $75,000
TOTAL REMAINING WORK: $369,000
AS OF BILLING DATE
AGENDA ITEM NO. 14
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:
Transitioning to Electric Equipment- Purchase of Track Loader and Excavator RECOMMENDED MOTION:
Staff recommends that the City Council authorize the Public Works Director to apply for the Clean Off Road Equipment Voucher Incentive Program (CORE) and purchase approved equipment.
DISCUSSION:
The Public Works Department is deeply committed to sustainability and prioritizes environmental stewardship. In line with this commitment, we have devised a plan to gradually upgrade our fleet and equipment tools to electric models. This transition is of utmost importance as it aligns with the objectives of the Clean Off-Road Equipment Voucher Incentive Program (CORE), an initiative aimed at accelerating the adoption of zero-emission off-road equipment in California. By transitioning to electric equipment, we can make significant strides in reducing greenhouse gas emissions, air pollution, and noise pollution. This move not only contributes to California's ambitious sustainability goals but also helps combat climate change and create a healthier and more livable city for our residents.
The Clean Off-Road Equipment Voucher Incentive Project, a multi-million dollar initiative, incentivizes off-road equipment users in California to purchase or lease zero-emission equipment that is currently available. Through this streamlined voucher incentive program, financial incentives are provided at the point of sale, alleviating the financial burden associated with adopting zero-emission technology.
The CORE program offers numerous benefits that can facilitate our department's transition to electric equipment. These benefits include financial incentives, improved air quality, noise reduction, and enhanced sustainability. To take advantage of the CORE program, we must create
a purchase order to submit our application for funding. This step will enable us to access the benefits of the program and acquire the necessary electric equipment. Specifically, we propose acquiring an electric Bobcat excavator and track loader for the Street Division. The electrical equipment are needed and will help facilitate regular construction, landscaping, and cleaning activities on our streets and at the airport. Our current equipment is gas and fuel powered which needs frequent maintenance and causes emissions and noise pollution. The new electric equipment would eliminate greenhouse emissions, reduce noise pollution, avoid chemical spills, reduce exposure to fumes, and reduce maintenance and costs. By embracing this opportunity, our City can position itself as a leader in sustainable practices, promote cleaner air quality, and pave the way for a greener future.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
By embracing a leadership role in sustainable practices and the adoption of electric technology, our City can attract businesses and investors who prioritize environmentally conscious locations.
This strategic positioning can lead to the establishment of clean energy companies, research and development centers, and related industries. As a result, our economic landscape will become more diverse, and our City will become an attractive destination for highly skilled professionals, further bolstering our workforce.
The availability of initiatives like the Clean Off-Road Equipment Voucher Incentive Project (CORE) provides us with financial incentives and additional funding opportunities to facilitate the adoption of electric equipment. By effectively leveraging these resources, we can access grants and funding specifically designated for clean energy projects. This infusion of funds will provide a substantial boost to our economic development efforts, propelling our transition to electric technology and driving sustainable growth.
Furthermore, while the initial cost of electric equipment may be higher, the long-term operational savings are significant and will greatly benefit our economic development plan.
Electric equipment typically incurs lower maintenance and fuel costs, resulting in reduced operating expenses over time. These cost savings can be redirected to other priority areas, such as infrastructure improvements or additional economic development initiatives. By optimizing our resources and maximizing cost efficiencies, we can further accelerate our City's economic progress. Together, these factors create a fertile environment for economic growth, innovation, and long-term prosperity.
FISCAL IMPACT:
None.The estimated amount of $200,000 is available and will be paid with the approved and allocated Equipment Funds.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act
ATTACHMENT(S):
1. Purchase Order
2. Price Quote
PUBLIC WORKS DEPARTMENT
Vendor Name Agreement 2023-24 Amounts Account Number Description Purchase Electric Equipment
using Clean Off Road
Equipment Voucher Incentive
Program (CORE)
In Process $200,000.00 600-3103-000-0-0-47404 Purchase two electric equipments for Public Works Total: $200,000.00
7/19/238:15 AM
V.47
BILL TO SHIP To Name
Buyer Address
Address City, State Zip
City, State Ca Zip County
County Del Date
Phone No. Mobile No. PO #
Make Year 2023
Model
Stock #
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Rebates $
Rebates $
Rebates $
TRADE Year Serial #
Make Model
EXT Warranty Sales Tax
LienHolder Total Price
Trade in
Allowance
Less
(Est.)
Payoff/
Open SO Net Trade-In
BILL OF SALE: FOR TRADE-IN DESCRIBED HEREIN. WE CERTIFY THAT THERE IS NO LIEN, CLAIM. Fees/Charges DEBT, MORTGAGE OR ENCUMBRANCE OF ANY KIND, NATURE OR DESCRIPTION AGAINST THIS Other PROPERTY NOW EXISTING, OF RECORD OR OTHERWISE AND THAT SAME IS FREE AND CLEAR AND IS Total Price MY/OUR SOLE AND ABSOLUTE PROPERTY EXCEPT AS NOTED ABOVE. F.E.T Tax BUYER'S SIGNATURE X Balance Due
FINANCE Down Payment/Cash Rec
TERMS (SUBJECT TO APPROVAL): Insurance
Amount on Cash/COD
NEW EXTENDED
Quote Good To 8/18/23
Store Address 2728 S. Fourth St. By Title
City/State/Zip Fresno, CA 93725
By Ryan Wilson By Title
Phone Number 559-486-2622 Date 7/19/23 Date
Fax Number 559-486-2623 Sales Rep # 559-647-9843
Disclaimer: All Prices quoted are valid for 30 days from the date stated on the quotation.
Disclaimer: Bobcat Company reserves the right to extend or discontinue any programs, including rebates, at any time without prior notice. Rebates are only valid if still being offered by Bobcat Company at the time that the customer takes possession of the equipment.
CASH/COD
10.250%
-
$ -
$ 65,584.64
WARRANTY
Bobcat of Fresno BUYER
0%
Terms of Loan in Months Interest Monthly Payments
$ 65,584.64
$ - $ -
NEW STANDARD 12 Months
Stock #
Stock #
Stock #
(79,688.00)
Stock #
$ 59,487.20
$ 65,584.64
$ 6,097.44
If Tax Exempt, Provide Certificate or enter Rate Below
SALES
PRICE $
$ -
$ 65,584.64
$ -
$ -
$ -
(7,968.80)
-
-
DAC Incentive
Stock #
-
-
-
California CORE Program Rebate
-
-
Transaction
NEW
E32-EM Compact Excavator w/ 18" CL3 Bucket, Plus Standard Equipment 147,144.00
-
-
Stock #
Stock #
Stock #
SALE
Equipment(s)
Stock #
Stock #
QUOTATION/SALES ORDER
City of Hawthorne
E32e
Account No.
Hawthorne
Bobcat INVENTORY
Los Angeles
7/18/233:52 PM
V.47
BILL TO SHIP To Name
Buyer Address
Address City, State Zip
City, State Ca Zip County
County Del Date
Phone No. Mobile No. PO #
Make Year 2023
Model
Stock #
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Description $
Rebates $
Rebates $
Rebates $
TRADE Year Serial #
Make Model
EXT Warranty Sales Tax
LienHolder Total Price
Trade in
Allowance
Less
(Est.)
Payoff/
Open SO Net Trade-In
BILL OF SALE: FOR TRADE-IN DESCRIBED HEREIN. WE CERTIFY THAT THERE IS NO LIEN, CLAIM. Fees/Charges DEBT, MORTGAGE OR ENCUMBRANCE OF ANY KIND, NATURE OR DESCRIPTION AGAINST THIS Other PROPERTY NOW EXISTING, OF RECORD OR OTHERWISE AND THAT SAME IS FREE AND CLEAR AND IS Total Price MY/OUR SOLE AND ABSOLUTE PROPERTY EXCEPT AS NOTED ABOVE. F.E.T Tax BUYER'S SIGNATURE X Balance Due
FINANCE Down Payment/Cash Rec
TERMS (SUBJECT TO APPROVAL): Insurance
Amount on Cash/COD
NEW EXTENDED
Quote Good To 8/17/23
Store Address 2728 S. Fourth St. By Title
City/State/Zip Fresno, CA 93725
By Ryan Wilson By Title
Phone Number 559-486-2622 Date 7/18/23 Date
Fax Number 559-486-2623 Sales Rep # 559-647-9843
Disclaimer: All Prices quoted are valid for 30 days from the date stated on the quotation.
Disclaimer: Bobcat Company reserves the right to extend or discontinue any programs, including rebates, at any time without prior notice. Rebates are only valid if still being offered by Bobcat Company at the time that the customer takes possession of the equipment.
CASH/COD
10.250%
-
$ -
$ 99,437.23
WARRANTY
Bobcat of Fresno BUYER
0%
Terms of Loan in Months Interest Monthly Payments
$ 99,437.23
$ - $ -
NEW STANDARD 12 Months
Stock #
Stock #
Stock #
(212,355.00)
Stock #
$ 90,192.50
$ 99,437.23
$ 9,244.73
If Tax Exempt, Provide Certificate or enter Rate Below
SALES
PRICE $
$ -
$ 99,437.23
$ -
$ -
$ -
(21,235.50)
-
-
DAC Incentive
Stock #
-
-
-
California CORE Program Rebate
-
-
Transaction
NEW
T7X Compact Track Loader w/ 80" Severe Duty Bucket w/
Teeth or Bolt On Edge, Plus Standard Equipment 323,783.00 -
-
Stock #
Stock #
Stock #
SALE
Equipment(s)
Stock #
Stock #
QUOTATION/SALES ORDER
City of Hawthorne
T7X-EM
Account No.
Hawthorne
Bobcat INVENTORY
Los Angeles
AGENDA ITEM NO. 15
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: Planning
City Manager: __________
Vontray Norris
Dir. of Planning: ___________
Gregg McClain
SUBJECT:
Professional Services Agreement between the City of Hawthorne and Kimley-Horn and Associates, Inc. for the environmental study and documentation for a hotel proposal at 5151 W. El Segundo Blvd.
RECOMMENDED MOTION:
Staff Recommends that the City Council approve the agreement.
DISCUSSION:
A new hotel was proposed for the property at 5151 W. El Segundo Boulevard and was previously approved by the Planning Commission. The applicant allowed the 3-year lifespan of the conditional use permit to expire in 2019 without requesting an extension.
A new CUP application and design review application were made in 2022 and Staff believed that a categorical exemption was the appropriate CEQA determination as it had been used in the previous entitlement. However, this environmental determination was challenged on many points as well as the process by which that determination was made. In this light, the Planning Commission recommended preparation of additional studies to support the categorical exemption or a higher level of environmental documentation be performed before making a decision on the hotel project.
Kimley-Horn and Associates, Inc. has a long successful history of preparing quality, legallydefensible environmental documentation for a wide range, size, and complexity of projects. Their proposal includes analysis of all points raised thus far as well as additional analysis of other potential project-delaying issues. Staff believes the analysis and documentation proposed by Kimley-Horn will provide adequate justification for our eventual CEQA determination for the hotel project to proceed.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
5.4 Work cooperatively with developers to build and refurbish hotels and restaurants, and create space for target sectors.
All development projects are mandated to include adequate assessment of potential environmental impacts.
FISCAL IMPACT:
The funds required for this project ($66,050.00) are available in the current fiscal year's adopted budget.
NOTICING PROCEDURES:
None
ATTACHMENT(S):
1. Professional Services Agreement with Kimley Horn and Associates, Inc.
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF HAWTHORNE AND KIMLEY-HORN AND ASSOCIATES, INC.
This PROFESSIONAL SERVICES AGREEMENT (“AGREEMENT”) is made and entered into this ____ day of _____________, 2023, by and between the City of Hawthorne, a California municipal corporation and general law city (“CITY”) and Kimley-Horn and Associates, Inc., a North Carolina Corporation (“CONSULTANT”). This agreement is made with reference to the following:
RECITALS
A. CITY requested a proposal for professional services with respect to providing consulting services related to California Environmental Quality Act (CEQA) documentation and supporting stuties.
B. CONSULTANT submitted a proposal for the performance of such services, a true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof.
C. CITY desires for CONSULTANT to provide professional services as described in Exhibit “A”.
D. CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall at all times faithfully, competently, and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
NOW, THEREFORE, in consideration of the foregoing Recitals, the agreement of the parties as set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS
The following definitions shall apply to the following terms, except where the context of this AGREEMENT otherwise requires:
(a) Project: Provide consultation and CEQA documents and studies related to the 5151 West El Segundo Boulevard Hotel Project.
1 (b) Services: CONSULTANT shall provide professional services for the project as described in Exhibit "A" attached herein
(c) Duration: Said AGREEMENT shall be effective from the date of execution of this AGREEMENT until acceptance and approval of all final documents and studies. (d) Completion of Project: CONSULTANT shall complete all tasks as noted in Exhibit "A" for a period as noted in the agreement with a period not to exceed 12 months. (e)
(f)
Consultant: Kimley-Horn 1100 W Town and Country Road, Suite 700, Orange, CA City: 4455 w 126th st., Hawthorne, CA 90250
92868
2. SCOPE OF SERVICES
(a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and City statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY.
3. COMPENSATION, METHOD OF PAYMENT, AND ADDITIONAL SERVICES (a) CITY shall pay CONSULTANT no more than the total project cost ($57,650.00) as set forth in the proposal, Exhibit "A." CITY may, but is under no obligation to, ask CONSULTANT to perform additional work and shall pay no more than the Optional Task cost ($8,400)
(b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, and such invoices shall be paid within thirty (30) days after said invoices are received by CITY. Each invoice shall detail work performed and charges.
All charges shall be in accordance with CONSULTANT's proposal with respect to hourly rates and project costs as set forth in Exhibit "A".
(c) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT.
4. CITY ASSISTANCE AND AVAILABILITY OF CITY RECORDS
2 (a) The CITY shall provide the following assistance to CONSULTANT as needed so CONSULTANT can perform the services described above:
(i.) Information and assistance as set forth in Exhibit "A". (ii.) Photographically reproducible copies of forms, documents, codes and other information, if available, which CONSULTANT considers necessary in order to complete the project.
(iii.) Such information as is generally available from CITY files applicable to the project.
(iv.) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information.
5. CONSULTANT’S BOOK OF RECORDS
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's performance of services pursuant to this AGREEMENT.
CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying at any time during regular business hours, upon written request by the CITY or CITY's designated representative. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon. Such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT.
(c) Where CITY or CONSULTANT has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, the CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to all parties to this AGREEMENT, as well as to their successors-ininterest and authorized representatives.
6. TERMINATION OF AGREEMENT
3 This AGREEMENT may be terminated without cause by CITY upon the giving of a written "Notice of Termination" to CONSULTANT upon thirty (30) days prior written notice or the CONSULTANT may terminate this contract upon thirty (30) days prior written notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro-rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination.
CONSULTANT may not terminate this Agreement except for cause.
7. NOTICES AND DESIGNATED REPRESENTATIVES
(a) Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this AGREEMENT:
To CITY
4455 West 126th Street,
Hawthorne, CA 90250
Attn: Director of Planning
To CONSULTANT
1100 W Town and Country Road, Suite 700,
Orange, CA 92868
(b) Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above.
8. CONTINUITY OF PERSONNEL
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's staff assigned to perform the services required under this AGREEMENT, CONSULTANT shall notify CITY of any changes in CONSULTANT's staff assigned to perform the services required under this AGREEMENT, prior to any such performance. CITY shall not be responsible for time and costs associated with CONSULTANT's turnover or reassignment of staff.
9. STATUS OF CONSULTANT
(a) The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY.
4 CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY, whether by contract or otherwise. Unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY.
(b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, employees or agents are in any manner officials, officers, employees or agents of CITY. (c) The CONSULTANT or any of CONSULTANT's officers, employees or agents, shall not obtain any rights to retirement, health care or any other benefits that may otherwise accrue to CITY employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
10. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of applicable State and Federal laws 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 observe and comply with all such laws and regulations pursuant to sound professional practices including, but not limited to, possessing and maintaining all necessary licensing. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by negligent failure of the CONSULTANT to comply with this Section.
11. NON-DISCRIMINATION
CONSULTANT shall not discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), sexual orientation, marital status, and denial of family care leave. CONSULTANT shall ensure that the evaluation and treatment of their employees and applicants for employment are free from discrimination and harassment. CONSULTANT shall comply with the provisions of the California Fair Employment and Housing Act (Government Code, Section 12900 et seq.), and the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285 et seq.). If applicable, CONSULTANT shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining AGREEMENT or other AGREEMENT.
12. INDEMNIFICATION
To the fullest extent provided by law, CONSULTANT shall indemnify, hold harmless, and defend CITY, its officers, employees, elected and appointed officials, and volunteers from and 5 against any and all claims and losses, costs or expenses for any damage resulting in death or injury to any person and/or injury or damage to any property resulting from any negligent act or omission of CONSULTANT or any of its officers, employees, agents, or subcontractors in the performance of this AGREEMENT. Such cost and expense shall include reasonable attorney fees.
13. CONFLICT OF INTEREST
(a) No CITY employee whose position with CITY enables such employee to influence the award of this AGREEMENT or any competing AGREEMENT, and no spouse or economic dependent of such employee, shall be employed in any capacity by the CONSULTANT or have any other direct or indirect financial interest in this AGREEMENT. No officer or employee of this CONSULTANT who may financially benefit from the performance of work hereunder shall in any way participate in the CITY’s approval, or ongoing evaluation of such work, or in any way attempt to unlawfully influence CITY’s approval or ongoing evaluation of such work. (b) The CONSULTANT shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this AGREEMENT. The CONSULTANT warrants that it is not now aware of any facts that create a conflict of interest. If the CONSULTANT hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the CITY. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this section shall be a material breach of this contract.
14. CONFIDENTIAL INFORMATION
All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the CITY, except as may be required by law.
15. INSURANCE
(a) During the course of the term of this AGREEMENT, CONSULTANT shall maintain Professional Liability Insurance in a combined single limit of not less than $2 million per claim and aggregate. CONSULTANT shall also maintain General Liability Insurance in a combined single limit of not less than $2 million per claim and aggregate. (b) CONSULTANT shall provide a certificate naming CITY as additional insured.
CONSULTANT shall procure and maintain, for the duration of the AGREEMENT, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance or the work hereunder, and the results of that work by the CONSULTANT, his agents, representatives, employees or subcontractors. 6 16. AUTHORITY TO EXECUTE
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
17. MODIFICATION OF AGREEMENT
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the CITY. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
18. WAIVER
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
19. LAW TO GOVERN; VENUE
This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
20. ATTORNEY’S FEES, COSTS, AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
21. ENTIRE AGREEMENT
This AGREEMENT, including the attached Exhibit "A", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT. No statements, representations or other agreements, whether oral or written, made by any party that are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. 7 EXHIBIT A
Proposal for CEQA Consulting Services for
5151 W. El Segundo Blvd. Hotel Project
9 June 20, 2023
Mr. Gregg McClain
Interim Planning Director
City of Hawthorne
4455 West 126th Street
Hawthorne, CA 90250
Re: Revised Proposal to Provide Consulting Services for the 5151 West El Segundo Boulevard Hotel Project, City of Hawthorne, California
Dear Mr. McClain:
Kimley-Horn (“Kimley-Horn” or “Consultant”) is pleased to submit this Revised Proposal to the City of Hawthorne (“City” or “Client”) to provide Consulting Services for the 5151 West El Segundo Boulevard Hotel Project (“Project”) CEQA documentation and supporting studies. This Revised Proposal to the April 3, 2023 Proposal reflects the requested Client revisions as discussed during the June 13, 2023 meeting.
PROJECT UNDERSTANDING
This Project understanding is based on Kimley-Horn’s conversations with Mr. Gregg McClain, review of City-provided documentation, and understanding Project issues. Kimley-Horn has preliminarily determined that a Categorical Exemption (CE) is the appropriate CEQA documentation for the Project.
Completion of the Project technical studies discussed below and receipt of the requested data are needed to verify this preliminary finding.
The approximately 0.65-acre Project site consists of one parcel (APN 4142-011-034) located at 5151 West El Segundo Boulevard in the City of Hawthorne, County of Los Angeles. The Applicant proposes development of an approximately 70,672 square-foot, six-story hotel with 142 guestrooms, and a floor area ratio (FAR) of approximately 2.5. The development proposes 132 parking spaces in a twostory parking garage. Vehicular access to the Project site would be provided via a proposed driveway on El Segundo Boulevard. Except for one approximately 640 square-foot building (circa 1969), which was formerly used for automotive services, the Project site is vacant and undeveloped. The Project site is generally bound by single-family residential uses to the north, El Segundo Boulevard to the south with an I-405 Highway off-ramp beyond the roadway, a railroad corridor to the east with a commercial center beyond the railroad, and the I-405 Highway to the west. Additionally, an at-grade, Union Pacific Railroad (UPRR) single-track railroad crossing (No. 760603U) exists south of the Project kimley-horn.com 765 The City Drive, Suite 200, Orange, CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 2
site over West El Segundo Boulevard. The Project site is designated General Commercial (CG)1 and zoned General Commercial (C-3).2
SCOPE OF SERVICES
Kimley-Horn will provide the Scope of Services specifically set forth below. This Scope of Services has been prepared based upon Kimley-Horn’s conversations with Mr. Gregg McClain and Mr. Von Norris, review of Client-provided documentation, and understanding of Project issues. This Scope assumes the following:
•
•
•
Baseline conditions, Project Description, and approach will not change once Client issues Authorization to Proceed.
Table 1: Technical Studies Review lists the assumed technical studies, and their respective assumed authors and reviewers.
Applicant/Client will provide to Kimley-Horn the Preliminary Low-Impact Development (LID) Report to support a finding of less than significant impact concerning water quality. If no LID Report is available, Kimley-Horn assumes Project compliance with existing regulatory framework (i.e., NPDES and City Municipal Code) will suffice to support a finding of less than significant impact concerning water quality.
•
•
Kimley-Horn’s due diligence with the California Public Utilities Commission (CPUC) and UPRR concerning the Project’s proposed access driveways and their relationship to the existing atgrade, single-track railroad crossing (see Task 1.6) will find a less than significant impact concerning transportation (i.e., circulation design feature).
Project will qualify for a CE and require only the technical studies needed to support a CE; see Table 1.
•
•
•
All deliverables will be provided to Client electronically.
City comments will be provided to Kimley-Horn as one reconciled set in WORD redline format.
Kimley-Horn will respond to one reconciled set of City comments per deliverable. Additional City review cycles are excluded, unless otherwise noted. • Client comments will not raise new substantive issues requiring re-analysis. 1 City of Hawthorne. (2016). City of Hawthorne General Plan, Land Use Element. Map 1: Land Use of the General Plan and Specific Plans. Retrieved from:
https://www.cityofhawthorne.org/home/showpublisheddocument/342/637563255420170000, Accessed on February 22, 2023.
2 City of Hawthorne. (2019). Zoning Map. Retrieved from:
https://www.cityofhawthorne.org/home/showpublisheddocument/330/637527551558470000, Accessed on February 22, 2023.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 3
TABLE 1: TECHNICAL STUDIES REVIEW
TECHINCAL STUDY
CEQA ADEQUACY TECHNICAL ADEQUACY
REVIEW BY AUTHOR REVIEW
Y/N BY
AIR QUALITY
Task 1.1:1 Air Quality Technical
Memorandum (TM)
CULTURAL RESOURCES
KimleyHorn Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
N Not Applicable
Kimley-Horn BCR
Consulting Task 1.2: Historical Resources TM Y
HAZARDS AND HAZARDOUS MATERIALS
Task 1.3: Phase I Environmental Site
Assessment (Phase I ESA)
KimleyHorn N
N
N
Not Applicable
Not Applicable
Not Applicable
NOISE
KimleyHorn Task 1.4: Noise & Vibration TM
TRANSPORTATION
KimleyHorn Task 1.5: Vehicle Miles Traveled Analysis
WATER QUALITY
Preliminary Low-Impact Development
Report
UTILITIES
Applicant
Applicant
City
City
N
N
N
Y
Not Applicable
Not Applicable
Not Applicable
Kimley-Horn
Water and Sewer TM
OTHER TASKS
Task 1.6: At-Grade Crossing Due
Diligence
KimleyHorn Not Applicable
Kimley-Horn
OPTIONAL TASK
Task 4.1: Traffic Study Peer Review Applicant
Note:
1. Task numbers correspond to Scope of Services below.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 4
TASK 1.0: TECHNICAL STUDIES
Kimley-Horn will prepare the technical studies outlined below.
Task 1.1: Air Quality Technical Memorandum
Kimley-Horn will assess air quality emissions in accordance with the South Coast Air Quality Management District’s (SCAQMD’s) recommended methodologies set forth in the SCAQMD CEQA Air Quality Handbook and will respond to the applicable checklist items within of State CEQA Guidelines Appendix G. The following tasks will be performed:
Construction Emissions (equipment exhaust and fugitive dust) will be quantitatively evaluated using the California Emissions Estimator Model (CalEEMod). The construction air pollutant emissions will be compared to the SCAQMD regional thresholds of significance.
Operational Emissions (i.e., area, mobile, and energy source) will be quantified and compared to the SCAQMD thresholds of significance.
Localized Emissions will be modeled for construction and operations and compared to the SCAQMD Localized Significance Thresholds to determine the potential for localized impacts. Carbon monoxide hotspots and odors will be evaluated qualitatively. This scope excludes a Health Risk Assessment.
Air Quality Management Plan (AQMP) Consistency: Project consistency with the latest SCAQMD AQMP will be addressed.
Task 1.2: Historical Resources Technical Memorandum
Kimley-Horn, in coordination with our subconsultant BCR Consulting, LLC (BCR), will prepare the Historical Resources Assessment TM for the Project pursuant to CEQA. The objective of the historical resources analysis is to determine whether the Project cause a substantial adverse change in the significance of a historical resource.
Research. The records search for cultural resources (archaeological and historical) will be conducted through the South-Central Coastal Information Center (SCCIC) at California State University, Fullerton.
This research will characterize the status and extent of previous cultural resource studies completed in the Project area and will review the status of any local historical resources (including historic districts). Additional land use history research will be conducted through local archives and repositories, as necessary. The goal of the additional research will be to provide information to assist in evaluating the subject property for California Register listing eligibility (i.e., for significance under CEQA).
Field Survey. BCR Consulting field staff will perform a pedestrian historic resources survey of the accessible Project site. This fieldwork will be completed under the supervision of a historical resources professional that meets the United States Secretary of the Interior’s Professional Qualifications Standards for Architectural History. The goal of this task will be to identify any historical resources kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 5
within the Project site boundaries, and to produce or update the necessary site records. For the purposes of this proposal, a maximum of one historic-period building will be identified, photographed, and recorded to a level sufficient for California Register eligibility evaluations. Additional cultural resources may necessitate a budget and schedule adjustment.
Report and DPR Forms. A Historical Resources TM will be produced consistent with CEQA requirements, in a format acceptable to Client. The TM will include a Project description, cultural setting, methods, results, and recommendations sections. Relevant maps and photographs will be included in the TM, and the appropriate Department of Park and Recreation (DPR) 523 site forms will be appended to record and evaluate the subject property for California Register eligibility.
Task 1.3: Phase I Environmental Site Assessment
Kimley-Horn has preliminarily determined that the Project site is listed on GeoTracker. The Phase I ESA Scope of Services described in this proposal addresses the due diligence procedures and methodology presented in ASTM E 1527-21. The purpose of the Phase I ESA is to provide the following:
1. An identification of Recognized Environmental Conditions (RECs) as defined in ASTM E 1527- 21, 1.1.1
2. An opinion of the impacts on the property resulting from conditions identified during the investigation, by a qualified Environmental Professional (EP) (ASTM E 1527-21, 12.6)
3. An opinion, by a qualified EP, on the need for additional investigations (ASTM E 1527-21,
12.6.1)
4. A statement consistent with ASTM E 1527-21, 12.14.2, on the qualifications of the EP and the suitability of the Phase I ESA to meet the requirements of the All-Appropriate Inquiry Rule, 40 CFR 312.
Kimley-Horn’s Scope of Services for conducting the Phase I ESA consists of the tasks set forth below, which refer only to that information that is defined as reasonably ascertainable (ASTM E 1527-21,
8.1.4).
Records Review. This task will be conducted by Kimley-Horn consistent with ASTM E 1527-21, 8.0 and will consist of the following:
• Record Search – An environmental database search will be conducted encompassing the minimum search distances listed in ASTM E1527-21, 8.2.2. This search will be reviewed for known and suspect contaminated sites. Where available, local environmental agency, and other local governmental authority files may be reviewed, if the EP determines the files to be reasonably ascertainable and relevant to the Phase I ESA’s successful completion.
IC/EC Registries – Kimley-Horn will review readily available databases on institutional and engineering (IC/EC) controls and Activity Use Limitations (AULs). •
• Title Search and Environmental Liens – Kimley-Horn will have an environmental lien search performed for the Subject Property.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 6
•
•
•
Aerial Photograph Review – Kimley-Horn will retrieve and examine readily available historical aerial photographs of the site and the surrounding vicinity. Aerial photographs will be researched to the earliest date that is reasonably obtainable.
Review of Local City Directories and Historical Maps – Kimley-Horn will obtain and review readily available historical City directories, fire insurance maps, and historical topographic maps.
Other Historical Sources – Should Kimley-Horn determine that other non-traditional sources may provide information relevant to the Phase I ESA’s completion, these sources will be reviewed and documented.
Site Reconnaissance. Kimley-Horn will conduct a site reconnaissance consistent with ASTM E 1527- 21, 9.0. The site reconnaissance will be non-invasive. We will not collect/analyze any samples. This task assumes Kimley-Horn will be allowed appropriate access to all areas of the site and that the site reconnaissance will be conducted as a single event. Should, an additional site reconnaissance be required due to access limitations, the additional site reconnaissance shall be considered additional services.
Interviews. Consistent with ASTM E 1527-21, 10.5.2.3 and 10.5.4 Kimley-Horn will make a reasonable attempt to conduct the following interviews:
• Kimley-Horn will attempt to interview current and past owners, operators, and occupants of the property that have or are likely to have material information regarding uses, physical characteristics, and the potential for RECs at the subject property consistent with ASTM E 1527-21 sections 10.5.1, 10.5.2, 10.5.2.1, 10.5.2.2, and 10.5.4. •
•
In the case of abandoned properties as defined in ASTM E 1527-21, 3.2.1, where there is evidence of uncontrolled access or unauthorized uses, Kimley-Horn will attempt to interview current neighboring or nearby property owners (ASTM E 1527-21, 10.5.5).
Kimley-Horn will attempt to interview one or more of the following state or local agencies as defined in ASTM 1527-21, 11: Local fire department; Local health agency; and Local environmental regulatory agency.
Report Preparation. Upon completion of the sub-tasks identified above, Kimley-Horn will prepare a summary report of the Phase I ESA results, as outlined in Appendix X5 of ASTM E 1527-21.
User-Provided Information. The User/Applicant shall provide to Kimley-Horn the information listed below, the accuracy of which Kimley-Horn will be entitled to rely upon. This information is required for the Applicant to meet the requirements of the Landowner Liability Protections (LLPs) (ASTM E 1527-21, 1.1 and 3.2.47) and for Kimley-Horn to conduct the Phase I ESA consistent with ASTM E 1527-
21. This information is required prior to the site reconnaissance.
1. A completed ASTM User Questionnaire
2. A copy of the title documentation/judicial records pertaining to environmental liens and AULs, along with a summary of the Applicant’s actual knowledge of AULs or environmental liens
3. If applicable, reason for significant reduction in purchase price of the subject property kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 7
4. Any specialized knowledge and/or experience relating to RECs in connection with the subject and adjacent properties
5. All environmental reports available for the property
6. Commonly known or reasonably ascertainable information that the Client is aware of relevant to RECs associated with the property
Other information that is required by Kimley-Horn for completion of the Phase I but not for application to the LLPs is as follows:
1. Site address and location
2. Property owner and operator contact names and telephone numbers
3. Site plans showing property boundaries and improvements
4. List of tenants
5. Access to all areas of the site
Additional Services. Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following:
•
•
•
•
•
Soil and ground water sampling and analysis
Water well design and consumptive use permitting
Wetlands survey and natural resource assessment
Meetings with Client, regulatory/permitting agencies, and/or any other associated parties Site civil design and permitting
Task 1.4: Noise and Vibration Technical Memorandum
The noise analysis will quantify both construction and operational noise levels. The analysis will examine whether the Project would generate a substantial increase in ambient noise levels in the Project vicinity in excess of applicable standards. The following outlines our approach:
•
•
•
Kimley-Horn will review applicable noise and land use compatibility criteria for the Project area. Noise standards regulating noise impacts will be discussed for land uses adjacent to Project.
A site visit will be conducted, and short-term noise level measurements will be taken along the Project area. The noise monitoring survey will be conducted at up to four separate shortterm (10-minute) locations.
Construction noise will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. • Vibration impacts will be evaluated based on the Federal Transit Administration’s vibration analysis guidance. It is noted, this is not specifically required for a Class 32 CE; see below. kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 8
• On-site noise generating activities will be addressed and analyzed for potential impacts to the adjacent noise-sensitive land uses and will be assessed against the City’s Land Use Noise and Compatibility Matrix and Noise Ordinance standards. Stationary noise sources will be quantitatively assessed. The Project’s contribution to mobile source noise will be assessed using the U.S. FHWA Traffic Noise Prediction Model (FHWA-RD-77-108). This task assumes City will provide to Kimley-Horn roadway segment average daily traffic (ADT) volumes.
Task 1.5: Vehicle Miles Traveled Analysis
The City of Hawthorne Senate Bill (SB) 743 Vehicle Miles Traveled (VMT) Policy (VMT Policy) was adopted May 23, 2023. Kimley-Horn will conduct a qualitative VMT analysis pursuant to VMT Policy requirements.
Model Review and VMT Analysis. Travel Demand Models (TDMs) are broadly considered to be amongst the most accurate of available tools to assess VMT. However, they can also be limited concerning the types of land uses they can be used for if a project cannot be accurately represented in the model. This can be the case for hotels unless the hotel is included as a specific land use.
For this Project, it was determined that a hybrid approach to VMT estimation that incorporated both the use of the Southern California Association of Governments Travel Demand Model (SCAG Model) and the use of alternative datasets analyzed using a GIS-based multipath analysis would result in the most realistic estimate of the Project’s daily VMT. The analysis will consider the travel patterns of trips to existing hotels in the Project vicinity and proximity of the new hotel from the trip origins. This hybrid approach would use the SCAG Model to estimate employee VMT and use potential customer information provided by the Project Applicant, or other datasets such as Census data/Big Data to determine the change in regional VMT with the addition of the Project.
As of July 1, 2020 and pursuant to Senate Bill 743 (SB 743) the State has fully adopted a change in the California Environmental Quality Act (CEQA) significant impact methodology for transportation impacts to use VMT as opposed to level of service (LOS). As previously noted, the City has not adopted a VMT methodology or significance criteria. Therefore, guidance from the Office of Planning and Research Technical Advisory on Evaluation Transportation Impacts in CEQA (Technical Advisory) will be used to conduct the VMT analysis. Based on the Technical Advisory and considering the primary source of VMT for hotel uses (which is customers), the “net change” metric will be used to determine if the addition of the Project results in an impact. Based on the regional change in VMT between Existing and Existing plus Project Conditions, a finding of significance or less than significance will be determined for CEQA purposes. For this analysis, the region is defined as the County of Los Angeles (County).
Technical Memorandum. The methodology and findings of the above VMT analysis will be documented in a TM, which will be submitted to the City for review. kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 9
Task 1.6: At-Grade Crossing Due Diligence
A Union Pacific Railroad at-grade crossing (Department of Transportation Crossing #: 760603U) is adjacent to the Project site’s eastern edge. The Project may be required to submit a GO-88B application to CPUC for modifications to this at-grade crossing based on coordination with UPRR and CPUC. Kimley-Horn will present the Conceptual Site Plan to the CPUC and obtain their input concerning the relationships between the proposed Project access driveways and CPUC signal requirements, if any. Kimley-Horn will also begin coordination with Union Pacific Railroad. This task assumes up to 10 hours for initial due diligence and coordination with CPUC/Union Pacific Railroad.
Should this initial due diligence require additional effort, Kimley-Horn will submit a budget augment.
This task excludes filing a GO-88B application, field diagnostic meeting, conceptual improvement design, and any other work beyond virtual meeting attendance.
Task 1.0 Deliverables: Draft and Final Technical Studies TASK 2.0: CEQA DOCUMENTATION
As previously noted, completion of the technical studies listed above and receipt of the requested data are needed to verify the preliminary finding that the Project would result in less than significant environmental impacts, and thus qualifies for a Categorical Exemption (CE) under CEQA. Should the technical studies find that the Project would result a potentially significant impact, and thus would be disqualified from CE, Kimley-Horn will collaborate with the City to develop an optional approach for CEQA clearance, which would be out-of-scope and completed as additional services.
Task 2.1: CEQA Compliance Technical Memorandum and Notice of Exemption State CEQA Guidelines Article 19 - Categorical Exemptions (CE) includes a list of classes of projects, which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from CEQA. Preliminarily, it is anticipated that the Project would qualify under a Class 32 CE (State CEQA Guidelines §15332 - Infill Development Projects). Class 32 consists of projects characterized as in-fill development meeting specific conditions concerning general plan and zoning compliance, size/location, habitat value, significant environmental effects (i.e., air quality, noise, traffic, or water quality), and utilities and public services. It is noted, this scope assumes the Project does not meet any of the conditions specified in State CEQA Guidelines §15300.2 - Exceptions.
Kimley-Horn will prepare a Notice of Exemption (NOE) Form in a Client-approved format and will file the NOE with the State Clearinghouse and County.
As supporting analysis to the NOE, Kimley-Horn will prepare a CEQA Compliance TM that substantiates the appropriateness of a Class 32 CE, summarizes the technical study findings, and substantiates the Project does not meet any of the conditions concerning exceptions to a CE.
Task 2.0 Deliverables: Draft and Final NOE; Draft and Final CEQA Compliance TM kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 10
TASK 3.0:
Task 3.1:
PROJECT MANAGEMENT AND MEETINGS
Project Management
Kimley-Horn will be responsible for Project Management, including overall Project Team coordination and supervision, and ongoing consultation with Client The Project Manager will coordinate with technical staff, consultants, and support staff, toward completion of the technical studies and NOE.
This task assumes a 3-month Project schedule.
Task 3.2: Meetings
The Project Manager and one additional Kimley-Horn Staff will attend virtual meetings and represent the Project Team, as appropriate. This Task assumes up to three hours meeting attendance (see below), including preparation, attendance, and follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a time and materials (T&M) basis.
Assumed Meetings (Virtual): 1 CEQA Strategy/Data Needs Meeting, 1 Project Progress Call TASK 4.0:
Task 4.1:
Optional Task
Traffic Study Peer Review
Kimley-Horn will review the Applicant-provided Home2 Hotel 5151 W El Segundo Boulevard, Hawthorne, CA Traffic Study (KOA, March 2023) prepared for the Project. This peer review will focus on and be limited to traffic operations level of service analysis and its findings. The primary purpose of this peer review will be to review:
1. The trip generation and trip distribution to determine the appropriateness of all assumptions and calculations
2. The Project assigned volumes to determine the appropriateness of all assumptions and calculations
3. The existing intersection operations and vehicle queue results to determine the reasonableness of the findings
4. Review the future without Project intersection operations and vehicle queue results to determine the reasonableness of the findings
5. Review the future with Project intersection operations and vehicle queue results to determine the reasonableness of the findings
Meetings and Coordination. As requested by the City, Kimley-Horn can participate in meetings and coordinate with the Project team to discuss the traffic study peer review. Up to two hours meeting time are assumed for this task.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 11
Technical Memorandum: Efforts completed in Tasks 1.5.1 will be documented in brief TM with graphics as deemed appropriate by Kimley-Horn. If City comments require additional analysis or data collection beyond that provided for in this Scope of Services, this work will be considered as an additional service. Any additional comment responses, regardless of origin, will also be considered as an additional service.
SCHEDULE
We are prepared to begin work upon receipt of Authorization to Proceed. We anticipate completion of the Administrative NOE, with CEQA Clearance TM and Technical Studies, within eight (8) weeks of receipt of all requested data and Project information. A date-specific schedule will be provided under separate cover upon receipt of Client Authorization to Proceed
FEE AND EXPENSES
Kimley-Horn will perform the Scope of Services outlined above on a labor fee plus expense basis with the maximum labor fee shown on Table 2: Fee and Expenses, except that additional efforts associated with Task 3.2 will be performed on a T&M basis, if required.
Table 2: Fee and Expenses
TASK #
1.0 1.1
1.2 1.3
1.4 1.5
1.6 2.0
2.1 3.0
3.1 3.2
TASK FEE
TECHNICAL STUDIES
Air Quality TM $ 6,000
$ 5,250
$ 9,500
$ 7,600
$ 17,200
$ 2,900
Historic Resources TM
Phase I ESA
Noise and Vibration TM
VMT Analysis TM
At-Grade Crossing Due Diligence
CEQA DOCUMENTATION
CEQA Compliance TM & NOE
PROJECT MANAGEMENT & MEETINGS
Project Management
$ 4,000
$ 2,200
Meetings $ 500
Expenses $ 2,500
Total Fee and Expenses $57,650
OPTIONAL TASK
Traffic Study Peer Review
Expenses
4.0 4.1 $ 8,000
$ 400
Total Fee and Expenses Option Only $ 8,400
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 12
Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client.
Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.
CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and "Client" shall refer to the City of Hawthorne.
To expedite invoices and reduce paper waste, Kimley-Horn submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail, if requested. Please provide the following information:
____ Please email all invoices to ________________________________________ ____ Please copy ____________________________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute this Agreement in the spaces provided below and return to us. We will commence services only after we have received a fully-executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter.
To ensure proper set up of your Project and enable us to get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your Project. kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 13
We appreciate the opportunity to provide these services to you. Please contact Rita Garcia at 714- 786-6116 or [email protected], if you have any questions.
Sincerely,
KIMLEY-HORN
By: Rita Garcia
Project Manager
Attachments: Request for Information
Kimley-Horn Standard Provisions
CITY OF HAWTHORNE
By:
(signature) ____________________________
(print name) ____________________________
Title: ____________________________
Date: ____________________________
Client’s Federal Tax ID:
Client’s Business License No.:
Client’s Street Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 Mr. Gregg McClain, June 20, 2023, Page 14
Request for Information
Please return this information with your signed contract; failure to provide this information could result in delay in starting your project
Client Identification
Full, Legal Name of Client
Mailing Address for Invoices
Contact for Billing Inquiries
Contact’s Phone and e-mail
Client is (check one) Owner Agent for Owner Unrelated to Owner
Property Identification
Parcel 1 Parcel 2 Parcel 3 Parcel 4
Street Address
County in which
Property is Located
Tax Assessor’s
Number(s)
Property Owner Identification
Owner 1 Owner 2 Owner 3 Owner 4
Owner(s) Name
Owner(s) Mailing
Address
Owner’s Phone
No.
Owner of Which
Parcel #?
Project Funding Identification – List Funding Sources for the Project Attach additional sheets if there are more than 4 parcels or more than 4 owners kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. (2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services. (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant’s compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Consultant a time price differential of one and one-half percent (1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. If the Client fails to make any payment due under this or any other agreement within 30 days after presentation, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant’s invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement.
They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant’s documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant’s electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions, or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030 (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor’s general liability insurance policy. (16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of California. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange CA 92868 (714) 939-1030
AGENDA ITEM NO. 16
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: City Attorney
City Attorney: ____________
Robert Kim
SUBJECT:
Claim for Damages – Carlos Leon, Eva Leon, Tania Leon
RECOMMENDED MOTION:
Deny the Claims of Carlos Leon, Eva Leon, Tania Leon
DISCUSSION:
Claimants seek damages for personal injuries arising from a pedestrian v. automobile collision involving a third party driver.
FISCAL IMPACT:
None.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
None.
AGENDA ITEM NO. 17
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: City Attorney
City Attorney:
______________
Robert Kim
SUBJECT:
Claim of Angelica Garza
RECOMMENDED MOTION:
Deny the Claim of Angelica Garza
DISCUSSION:
Claimant asserts that she sustained injuries when she tripped and fell over metal pieces on a sidewalk.
FISCAL IMPACT:
None.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
None.
AGENDA ITEM NO. 18
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: City Attorney
City Attorney:
___________
Robert Kim
SUBJECT:
Claims of Robert Perry
RECOMMENDED MOTION:
Deny the Claims of Robert Perry
DISCUSSION:
Claimant alleges he was wrongfully denied housing due to discrimination. However, Claimant did not qualify for housing under the City’s housing guidelines.
FISCAL IMPACT:
None.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
None.
AGENDA ITEM NO. 19
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: City Attorney
City Attorney:
___________
Robert Kim
SUBJECT:
Subrogation Claim of Insurance Company of the West
RECOMMENDED MOTION:
Staff Recommends that the City Council accept the Claim of Insurance Company of the West subject to future negotiation of amount of claim.
DISCUSSION:
Claimant seeks reimbursement of Workers’ Compensation benefits paid on behalf of its insured.
FISCAL IMPACT:
None.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
None.
AGENDA ITEM NO. 20
CITY OF HAWTHORNE
City Council
AGENDA BILL
For the meeting of July 25, 2023
Originating Department: Housing
City Manager: __________
Vontray Norris
Dir. of Housing: ___________
Kimberly Mack
SUBJECT:
First Time Homebuyer Program – Potential Federal Funding Considerations RECOMMENDED MOTION:
Staff recommends that the City Council provide direction on reallocating federal grant funding to bring back the First Time Homebuyer Program and at what amount.
DISCUSSION:
Background
The City has expressed an interest in conducting a First Time Homebuyer Program (FTHB), with funding potentially sourced from available federal resources, inclusive of Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). Both grants have restrictive regulations and require an extensive eligibility qualifying process.
Reviving this program would necessitate a substantial amendment to the FY 23-24 approved Action Plan and add a sizeable increase to Administrative fees.
Feasibility Analysis
Factors influencing the feasibility of implementing a FTHB program include:
1. The availability of housing at prices that are at or below the HOME maximum purchase price limitations
2. The interest rate available to the participant at the time of purchase
3. The ability to fund a wide range of buyers given the underwriting requirements of the program
4. The resources that the participant has available to contribute to the acquisition
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
None
FISCAL IMPACT:
None. This agenda item seeks direction only, and no fiscal impacts will be incurred as a result of any proposed actions. Any fiscal impacts will be addressed at the time of approval of program funding.
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):
1. FTHB Program Implementation Overview
1 STEP
2
STEP
3 STEP
4 STEP
$ 5
STEP
TITLE $
6 STEP
7 STEP
APPLICATION PHASE
PRIMARY LENDER COMMITMENT PHASE
PROPERTY SELECTION PHASE
PROPERTY REVIEW AND INSPECTION PHASE
FINAL CITY LOAN APPROVAL PHASE
ESCROW CLOSING PHASE
POST-LOAN CLOSING PHASE
FIRST TIME HOMEBUYER PROGRAM
PROGRAM IMPLEMENTATION OVERVIEW
City receives program application and submittals - Verifies income and first-time hombuyer eligibility - Obtains 3rd party verifications to confirm eligibility - Performs initial financial feasibility review - Loan Review Committee meets to determine applicant eligibility
Applicant seeks primary loan from a particiapting lender - Lender conducts initial underwriting and provides a conditional or firm loan commitment - City reviews primary loan commitment and calculates maximum assistance available and maximum purchase price based on applicant’s financials Applicant provides realtor with City’s introductory letter describing program requirements, required seller disclosures and maximum purchase price - City receives MLS listing for selected property - City prepares Environmental Review - City receives/reviews contingent purchase offer/acceptance City performs LBP review, city building records review, schedules and conducts property inspection, reviews termite report, transmits lead risk assessments - If inspection discloses required repairs or LBP work, coordinate repairs w/owner, re-inspect and obtain LBP clearance report Obtain final lender loan value/loan file, review for conformance w/applicant submissions - Obtain/review preliminary title report, escrow instructions,and lender appraisal report for conformance w/program requirements - Obtain Homebuyer Education Cert. - Prepare/execute Participation Agreement City prepares City loan documents and affordability covenant, obtains City signatures, and transmits to escrow - City coordinates for the wire transfer of City loan funds to escrow
Obtain/review loan closing documents - Obtain/review property insurance w/City as added insured - Obtain/review City lender’s title insurance policy - Receive/verify recorded loan documents - Verify that loan receivable is properly booked - Transmit loan docs for secure storage