Project: Lynwood Schedule
Date: Fri 7/8/22
City Council Regular Meeting - Page 246 of 472
City Council Regular Meeting - Page 247 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS
DEPARTMENT FOR WATER STORAGE RESERVOIR NO. 2
AND BOOSTER STATION DESIGN
7. COST PROPOSAL
7 COST PROPOSAL
City Council Regular Meeting - Page 248 of 472
City Council Regular Meeting - Page 249 of 472
37 PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN
COST PROPOSAL
SECTION 7
CITY OF LYNWOOD
3 MG RESERVOIR AND BPS
Classification PR PR PR PR SPEII PEII PEI SP AEII SD AA QA/QC ‐ Reichmuth
Project Manager ‐ Gallagher
Pump Station ‐ Nord
Reservoir ‐ Hanlon
Deputy PM ‐ Bugielski
Project Engineer II ‐ Azami
Project Engineer I ‐ Watte
Hydraulics ‐ Lepore
Assistant Engineer II ‐ Haugen
Senior Designer ‐ Robison
Administrative Assistant
Total Hours (MKN)
Labor (MKN)
ODCs (MKN)
Structural (PSE)
Electrical & Instrumentation
(GG)
Environmental (Rincon)
Survey (Metz)
Architecture (AO)
Geotechnical (Cotton Shires)
Non‐Labor Costs
Total Fee
Task Group 1: Reservoir and BPS PDR
Task 1.1 Data Review 4228 1 6 84 3 2 7 6 $14,632 439$ 2,219$ 968$ ‐ $ ‐ $ ‐ $ ‐ $ $3,626 18,258$ Task 1.2 Basis of Design/ VE Workshop 48488 1 6 4 8 $10,112 303$ 2,750$ 968$ ‐ $ ‐ $ ‐ $ ‐ $ $4,021 14,133$ Task 1.3 PDR (Draft/Final) 0 9 18 24 32 66 88 12 24 72 0 345 $67,390 2,022 $ 9,304$ 12,584$ ‐$ ‐ $ 8,800$ ‐$ $32,710 100,100$ Section 1 ‐ Background/SOW/Introduction 1 4 5 $1,120 34 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $34 1,154$ Section 2 ‐ Reservoir Design Criteria 1 12 4 14 16 47 $9,850 296 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $296 10,146$ Section 3 ‐ Pump Station Design Criteria 1 8 4 12 16 12 53 $10,956 329 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $329 11,285$ Section 4 ‐ Yard Piping and Utilities 1 4 8 24 37 $7,256 218 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $218 7,474$ Section 5 ‐ Electrical/Instrumentation 1 4 4 9 $1,932 58 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $58 1,990$ Section 6 ‐ Environmental 1 4 4 9 $1,932 58 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $58 1,990$ Section 7 ‐ Permitting 122448 2 1 $4,396 132$ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $132 4,528$ Section 8 ‐ Schedule and Cost Estimate 1 2 4 4 11 $2,412 72 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $72 2,484$ Appendix A ‐ 30% Design (15 sheets, 9 MKN) 1 8 8 16 24 24 72 153 $27,536 826 $ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $826 28,362$ Task 1.4 Project Management (10 months) 6 40 2 2 28 16 94 $19,840 595 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $595 20,435$ Task 1.5 QA/QC (Draft/Final PDR, 60, 90, IFB) 40 40 $9,600 288 $ ‐ $ 1,452$ ‐$ ‐ $ ‐ $ ‐ $ $1,740 11,340$ Task 1.6 Project Meetings (Kickoff and PDR) 444448 2 8 $6,076 182$ 1,505$ ‐$ ‐ $ ‐ $ ‐ $ ‐ $ $1,687 7,763$ Subtotal 50 65 30 40 80 86 104 16 56 88 16 631 127,650 $ 3,830$ 15,777$ 15,972$ ‐$ ‐ $ 8,800$ ‐$ 44,379$ 172,029$ Task Group 2: Design Plans and Bid Documents
Task 2.1 Survey 4 4 8 $1,460 44 $ ‐ $ ‐ $ ‐ $ 7,920$ ‐$ ‐ $ $7,964 9,424$ Task 2.2 Geotechnical Investigation 8 8 $1,624 49 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 19,140$ $19,189 20,813$ Task 2.3 Design Review Meetings (60, 90) 42248 2 0 $4,424 133$ 1,505$ 1,936$ ‐$ ‐ $ ‐ $ ‐ $ $3,574 7,998$ Task 2.4 Cost Estimate and Schedule (60 and 100) 4444 2 4 4 0 $7,644 229$ 3,939$ 5,808$ ‐$ ‐ $ ‐ $ ‐ $ $9,976 17,620$ Task 2.5 60% Design and Specifications (19 MKN, 55 Total) 8 38 38 8 76 95 40 228 531 $98,864 2,966 $ 20,207$ 29,282$ ‐$ ‐ $ 11,000$ ‐$ $63,455 162,319$ Task 2.6 90% Design and Specifications 8 15 15 8 57 57 24 95 279 $52,589 1,578 $ 13,950$ 23,232$ ‐$ ‐ $ 11,000$ ‐$ $49,760 102,349$ Task 2.7 Final IFB Documents 8 8 8 8 16 57 105 $19,626 589 $ 8,881$ 5,808$ ‐$ ‐ $ 4,400$ ‐$ $19,678 39,304$ Subtotal 0 28 67 67 24 165 168 0 88 384 0 991 186,231 $ 5,587$ 48,483$ 66,066$ ‐$ 7,920$ 26,400$ 19,140$ 173,595$ 359,826$ Task Group 3: Environmental and Permitting Support
Task 3.1 Environmental Documentation (CE assumed) 4 8 12 24 $4,840 145 $ ‐ $ ‐ $ 25,232$ ‐$ ‐ $ ‐ $ $25,378 30,218$ Task 3.2 Permitting 4 8 8 16 20 30 30 24 140 $26,948 808 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $808 27,756$ Subtotal 0 8 8 8 16 28 42 0 30 24 0 164 31,788$ 954$ ‐ $ ‐ $ 25,232$ ‐$ ‐ $ ‐ $ 26,186$ 57,974$ TOTAL BUDGET 50 101 105 115 120 279 314 16 174 496 16 1786 $345,669 10,370 $ 64,260$ 82,038$ 25,232$ 7,920$ 35,200$ 19,140$ 244,160$ 589,829$ Optional Task Group
Task A1 ‐ Surge Analysis/ Surge Tank Design 8 24 16 12 60 $9,576 287 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $287 9,863$ City Council Regular Meeting - Page 250 of 472
38 PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN
2022 FEE SCHEDULE FOR
PROFESSIONAL SERVICES
ENGINEERS AND TECHNICAL SUPPORT STAFF
Administrative Assistant $105/HR
Engineering Technician $114/HR
CAD Technician I $134/HR
CAD Design Technician II $151/HR
Senior Designer $162/HR
Assistant Engineer I $151/HR
Assistant Engineer II $168/HR
GIS Specialist $165/HR
Senior Planner $206/HR
Planner $188/HR
Project Engineer I/ Senior Scientist $188/HR
Project Engineer II $203/HR
Senior Project Engineer I $216/HR
Senior Project Engineer II $220/HR
Project Manager $229/HR
Principal Engineer $240/HR
Project Director $250/HR
CONSTRUCTION MANAGEMENT SERVICES
Construction Inspector $169/HR
Assistant Resident Engineer $176/HR
Resident Engineer $191/HR
Construction Inspector $205/HR
Construction Manager $209/HR
Principal Construction Manager $245/HR
Routine office expenses such as computer usage, software licenses and fees, telephone charges, office equipment and supplies, incidental postage, copying, and faxes are included as a 3% fee on labor cost.
The foregoing Billing Rate Schedule is effective through December 31, 2022 and will be adjusted each year after at a rate of 2 to 5%.
DIRECT PROJECT EXPENSES
Outside Reproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate ‐ $.58.5/mi.
City Council Regular Meeting - Page 251 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS
DEPARTMENT FOR WATER STORAGE RESERVOIR NO. 2
AND BOOSTER STATION DESIGN
8. APPENDIX A -
RESUMES
8 APPENDIX A -
RESUMES
City Council Regular Meeting - Page 252 of 472
City Council Regular Meeting - Page 253 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN For the past 15 years, Ryan has completed over 100 projects with 25 public agencies in Southern California, serving as the Project Manager for the majority. The estimated construction value of the projects that have been planned, designed and/or constructed exceeds $250 million. Projects include planning through design for water, wastewater and recycled-water conveyance, pumping, storage, and treatment. Ryan specializes in complex multi-agency water supply programs, alternative delivery program management, master planning, and contract negotiations.
Reservoirs
Reservoir 2B and 3B Replacement, South Coast Water District | Laguna Beach, CA Project Manager for feasibility study evaluating replacement of two existing 100,000 gallon steel tanks (two sites). Project included hydraulic modeling, siting evaluation, geotechnical and environmental review, constraints analysis, tank sizing, cost estimating and conceptual planning. Alternatives included consideration of new steel tanks, pre-stressed concrete tanks, new and/or expanded pump stations and pipeline improvements required to meet fire flow demands.
Reservoir 2B Final Design, South Coast Water District | Laguna Beach, CA Project Manager for preliminary and final design for two new 100,000 gallon steel tanks located within a hillside in the City of Laguna Beach. The effort included environmental permitting, public outreach, access road improvements, site grading, retaining walls and demolition of one existing steel tank. The estimated project cost is approximately $3M.
36-Inch Steel Pipeline and 5 MG Reservoir, Las Virgenes Municipal Water District (LVMWD) | Westlake Village, CA
As Project Manager, prepared plan and profile drawings for 2,200 feet of 30-inch and 36-inch potable-water steel pipeline design for the LVMWD 5 MG potable water reservoir. Completed designs for open-cut installation using blasting and aboveground installation in 42-inch casing on pipe supports across the existing dam. Designs also included 8-inch, 16-inch, and 24-inch steel pipeline designs for overflow, drain line, and other potable-water improvements as part of the project. The project required coordination with the California Department of Water Resources, Division of Safety of Dams and the California Department of Public Health. Conducted extensive public outreach efforts, including a full-day open house with design experts, client staff, and workshop materials.
Hope Reservoir Feasibility Study, Las Virgenes Municipal Water District | Calabasas, CA Project Manager for development of a feasibility analysis evaluating a proposed 3,000 acre-foot recycled-water reservoir in the city of Calabasas. The investigation included evaluation of access road alignments, dam types, geotechnical issues, necessary recycled-water infrastructure, operation, mixing, and sizing. An economic analysis was provided for the preferred alternative.
Calabasas Tank Feasibility Study, Las Virgenes Municipal Water District | Calabasas, CA Project Manager for the investigation of removing the 8 MG Calabasas Tank Potable Reservoir for service to allow for rehabilitation. The investigation included hydraulic modeling, review of temporary storage, development of preliminary shutdown procedures, and overview of challenges and mitigations.
Conveyance
EDUCATION
California Polytechnic State
University, San Luis Obispo
BS Civil Engineering
LICENSES & REGISTRATIONS
California Professional Engineer -
Civil - C74805
PROFESSIONAL ASSOCIATIONS
Tustin City Council (2020-2021)
Orange County Sanitation District
(Board of Directors 2021)
Orange County Water Association
(President 2020 and 2021)
American Society of Civil Engineers
(Santa Barbara/Ventura YMF
President 2012)
American Public Works Association
(Ventura County Chapter President
2014)
Association of Water Agencies
Ventura County (President 2013,
Board of Directors 2010-2016)
RYAN
GALLAGHER, PE
PROJECT MANAGER
City Council Regular Meeting - Page 254 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Ryan Gallagher, PE
RELEVANT EXPERIENCE (CONT.)
Barrett Pump Station Replacement, East Orange County Water District | Orange, CA Project Manager for the design of a pump station replacement. Project included preliminary and final design for the replacement of an existing pump station. The new pump station was sized at 1,500 gpm and consisted of a package pumping system, associated piping, controls and valving. The construction included a temporary pumping system to allow for continued operation during construction and replacement of an elevated transformer (SCE).
Regional Desalter Conveyance Design, Water Replenishment District of Southern California | Torrance, CA Principal in Charge for the expedited alternatives analysis and design of four pipelines for WRD’s future Regional Brackish Water Reclamation Facility. Project included evaluation of six alternative alignments, including both trenchless and open cut approaches, and final design. The project includes ~2,400 linear feet of pipeline, including a 14-inch HDPE brine line, two 24-inch HDPE product water lines, and a 34-inch HDPE source water line.
Anaheim Valve Vault, Orange County Water District | Anaheim, CA Project Manager for design of new valve vault for multiple buried valves (48-inch to 72-inch), adding gates to Atwood Channel discharge structure, and minor modification to OC-28. Identified opportunity to reduce cost by $300k during PDR stage. Total project cost estimated at $1M.
Palos Verdes Recycled-Water Pipeline, West Basin Municipal Water District | Carson, CA Project Manager for preliminary design, environmental assessment, and final design for a recycled-water pipeline conveying water through Torrance and Palos Verdes Estates. The project includes approximately 16,000 feet of 8-inch to 10-inch-diameter pipeline, a pump station, and a connection to the Palos Verdes Golf Course, several parks, schools, and other irrigation customers along the route. Established several options, which reduced overall project cost by approximately $750,000. Major project elements included easement assessment, hydraulics, pump station concept development, a California Department of Transportation (Caltrans) crossing, and an expedited schedule.
Total project cost is estimated at $6.2M.
HDPE Brine Pipeline, Water Replenishment District of Southern California | Pico Rivera, CA Principal-in-Charge for this project that included an approximately 2,000-foot, 16-inch-diameter, high-density polyethylene (HDPE) pipeline in the city of Pico Rivera. The pressurized pipeline conveyed brine from the Groundwater Reliability Improvement Project (GRIP) Advanced Water Treatment Facility (AWTF) to a 63-inch trunk sewer owned and operated by the Sanitation Districts of Los Angeles County (LACSD). The work included both preliminary and final design. In addition, the preliminary design included evaluation of a turnout structure along a 66-inch reinforced- concrete pipe conveying tertiary effluent from the San Jose Creek Water Reclamation Plant. The objective of the turnout was to deliver influent water to the GRIP AWTF.
Recycled-Water PS-1 Upgrades, Burbank Water and Power | Burbank, CA Project Manager on this project which included expansion of an existing recycled-water pump station at the Burbank Water Reclamation Plant, operated by Burbank Water and Power. Provided design support services for the development of the Preliminary Design Report, including evaluation of existing and future recycled-water demand, pump expansion phasing, facility piping, distribution system hydraulics, and analysis of pump configuration alternatives.
Pipeline Replacement Project, Channel Islands Beach Community Services District | Oxnard, CA Project Manager for abandonment of existing AC potable pipeline located within residential easement. Project included construction of approximately 700 feet of 6 and 8-inch PVC pipeline to reconnect distribution system.
Project also required outreach and reconnection for approximately 10 residential customers.
Potable Water Pipeline Project, Ventura County Waterworks District | Somis, CA Principal-in-Charge overseeing the preparation of 4 miles of 12-inch pipeline design in the congested Los Angeles Avenue (State Route 118) and Somis Road (State Route 34) area. The project included extensive utility mapping in the state highway corridor and direct up-front coordination with the Calleguas Municipal Water District. Work involved investigating alternative pipe installation methods including open-cut, pipe-bursting, horizontal directional drill, replacement on existing alignment (using highline), jack-and-bore, and microtunneling methods.
City Council Regular Meeting - Page 255 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Adam Bugielski is experienced with water and wastewater system design, system hydraulic modeling and management, large diameter pipeline design, and is a strong project manager. He has a strong understanding of agencies and municipalities needs and has worked closely with many in the region. Mr. Bugielski is also experienced with water and wastewater infrastructure reviews to determine possible deficiencies and identify capital improvement needs, as well as opportunities to optimize existing infrastructure to achieve the project goal as quickly and efficiently as possible.
ADAM
BUGIELSKI, PE
DEPUTY PROJECT
MANAGER
Relevant Projects
Waterline Interconnect - Midtown to Westside | Ventura, CA This project consisted of an alignment study and preliminary design for 3 miles of 24-inch diameter steel transmission line and two pressure reducing stations. This project, when constructed, will serve the water customers in the west end of Ventura in the event that all water supply sources are significantly reduced or eliminated.
Waterline Interconnect - Eastside to Midtown | Ventura, CA This project consisted of an alignment study and preliminary design for 1.5 miles of 24-inch diameter steel transmission line and a pressure reducing station. This project, when constructed, will assist with transferring water from the eastside supply sources, such as state water and potable water wells, to other parts of the distribution system.
Booster Pump Station - Seaward/Poli BPS Upgrade | Ventura, CA This project consists of a site condition assessment and replacing the electrical cabinet, MCC and PLC, and installing safety measures such as vehicular guard rail, handrails, and bollards. Discharge piping configuration was also evaluated and a new magnetic flow meter was designed.
Storage Tank Interior Coating Project | Ventura, CA
This project consisted of removing and replacing the interior coating of three potable water storage tanks, installing corrosion control systems, and piping modifications.
Specifications for coating and corrosion control were developed along with the design of piping modifications and a pressure reducing station.
City of Ventura - Concrete Reservoir Inspection | Ventura, CA Managed the condition assessment and inspection of a 7.2 million gallon concrete reservoir that significant cracking resulting leaks and water loss. Project included reviewing dive inspections and making recommendations ranging from full replacement to crack filling.
City of Ventura - VenturaWaterPure | Ventura, CA
Served as the project manager for several high-profile projects that made up the VenturaWaterPure program, a potable reuse project. Projects managed included feasibility study and design of a 14-inch ocean outfall and pump station, a 6-million- gallon storage tank, an advanced water purification facility, and injection wells. As part of this program, a feasibility study of replacing the existing traditional activated sludge water reclamation facility with a membrane bioreactor.
Ojai Valley Pumping Plant Evaluation, Casitas Municipal Water District | Ojai, CA Project consisted of conducting pump tests to determine energy deficiencies of two pairs of existing, aged vertical turbine and horizontal axial split-case pumps that exhibited unusually low pumping efficiency. Performed hydraulic analysis,
EDUCATION
California State University,
Northridge
BS Civil Engineering
LICENSES & REGISTRATIONS
California Professional Engineer -
Civil - No. C89065
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers
American Public Works Association
City Council Regular Meeting - Page 256 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN developed new system curves, identified several viable alternatives, and provided a recommendation that all four pumps should be replaced.
Signal Tank and BPS Preliminary Design | Casitas Municipal Water District, CA Assisted the Team in preliminary design effort for Signal Tank and Booster Pump Station Replacement including the siting study to connect the signal zone to the main zone to better serve the mountain view area. Completed siting study, preliminary cost opinion and basis of design memorandum.
Waterline Replacement Project – Ondulando Area, Phase III | California The Ondulando Tract in the City of Ventura had 8 to 10 inch diameter asbestos concrete waterlines with lateral saddle connections that frequently fail. This phase replaced 8,200 linear feet of waterline with PVC pipe. Other aspects of this project included replacing 16 fire hydrants and replacing 148 residential service connections.
Casitas-Ventura Interconnect Hydraulic Analysis | California This analysis consisted of hydraulically modeling the water system for the City of Ventura to evaluate the potential impacts when delivering water to Casitas Municipal Water District. The analysis was done at multiple connection points for optimum efficiency and summarized in a memorandum to Casitas MWD. Potential sites for booster pump stations to transport water from Ventura to Casitas were also identified.
Ojai Optimization Study | Casitas Municipal Water District, CA Reviewed and evaluated the Ojai Water System for Casitas MWD. Analyzed capacity and fire flow throughout the system and recommended capital improvement projects to the District to meet requirements and utilize existing infrastructure in order to maximize available funding.
Heidelberger Tank and BPS Slope Stabilization | Casitas Municipal Water District, CA Project efforts included providing slope stabilization solutions to the District for their Heidelberger Tank and Heidelberger Booster Pump Station sites. Conducted site visits, managed geotechnical teams’ analysis and provided District with solutions. Designed plans and specifications for slope stabilization solutions at the Heidelberger Tank site.
City Development Infrastructure Review Projects | Ventura, CA Project Manager for over 30 infrastructure reviews completed for the City. Reviews include, modeled demands of the impacts development projects will have on the City’s sewer and water systems and recommended improvements to City systems based off findings.
Meiners Oaks Water District Surface Water Treatment Plant | Ventura, CA Project consists of planning, design, and construction of a 1.0 MGD surface water treatment facility treating groundwater under the influence of surface water through direct filtration technologies with chlorine gas, sodium hypochlorite, coagulant, and provisions for ammonia sulfate storage and injection facilities. Prepared Design Direction technical memorandum, construction plans, specifications, and cost estimates for process/mechanical and instrumentation/ controls design disciplines. (Ongoing).
City of Ventura Water Master Plan | Ventura, CA
Project consisted of developing a new water master plan for the City of Ventura. Full master plan included evaluation of 380 miles of pipeline 21 pump stations, 32 number of tanks, 10 number of wells, and 3 treatment facilities. Included in the master plan was a condition assessment, hydraulic model development, capacity/deficiency analysis, and development of the recommended CIP.
City of Ventura Wastewater Master Plan | Ventura, CA
Served as the project manager for developing a new wastewater master plan for the City of Ventura. Full master plan included evaluation of 300 miles of pipeline 14 lift stations, and a treatment facility. Included in the master plan was a condition assessment, hydraulic model development, capacity/deficiency analysis, and development of the recommended CIP.
Adam Bugielski, PE
RELEVANT EXPERIENCE (CONT.)
City Council Regular Meeting - Page 257 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN JOSEPH
REICHMUTH, PE
QA/QC
Relevant Projects
Southland Wastewater Treatment Phase I Facility Design | Nipomo Community Services District, CA
Project Engineer. Assisted with the design of 0.9 MGD Wastewater Treatment Facility.
Responsibilities included design of the sludge thickening system and drying beds.
Provide assistance with engineer’s opinion of cost, and plans and specifications for public bid; bid phase services; and office engineering construction phase services.
Responsibilities also included review of submittals and responding to RFIs during the construction.
Blacklake WWTP Headworks Rehabilitation, Nipomo CSD | Nipomo, CA Project Engineer. Project consisted of providing plans, specifications, and construction cost opinion to rehabilitate existing headworks structure. Improvements included concrete repair and re-coating of headworks structure and upstream manhole; installation of handrailing, safety gates and safety chain; installation of new slide gates and grit pan; and other miscellaneous improvements to rehabilitate aging structure. Plans and specifications were prepared for public bid.
Water Reclamation Facility Upgrades | San Luis Obispo, CA Project Engineer. As a subconsultant to PGE, Identified and evaluated Energy Conservation Measures (ECMs) for the City of San Luis Obispo’s water distribution, sewer collection, wastewater treatment, and groundwater treatment facilities. ECMs were evaluated to improve energy efficiency and decrease operating costs utilizing PG&E’s Sustainable Solutions Turnkey (SST) program. Over $7M in capital projects were selected for improvements including solids dewatering facility upgrades, headworks screening, primary sludge pumps, RAS and WAS pumping systems, SCADA system, and digester gas cogeneration system replacement.
WWTP Major Maintenance and Repair Program (MMRP) | Morro Bay, CA Project Engineer. Project consists of a multi-year, on-demand engineering service agreement to assist in the execution of a Major Maintenance and Repair Program (MMRP). Prepared of plans and specifications for replacement of chain and flight solids management system. Also providing construction phase support services including submittal reviews, RFI responses, and construction observations for new headworks screening, washing, and compacting facilities and recoating of anaerobic digesters.
El Estero Wastewater Treatment Plant Fats, Oils and Grease Receiving Station | Santa Barbara, CA
Project Engineer/Construction Observer. Responsible for design, implementation, and construction phase services of a Fats Oil and Grease (FOG) receiving, handling, and injection system at the El Estero Wastewater Treatment Plant (WWTP). Services include plans and technical specifications for the site, piping, pumping, storage vessel, and controls of a pilot FOG receiving and delivery system.
EDUCATION
California Polytechnic State
University, San Luis Obispo
BS Civil Engineering
LICENSES & REGISTRATIONS
Califronia Professional Engineer -
Civil - No. C63124
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers
CERTIFICATIONS
NASSCO ITCP - Cured in Place Pipe
NASSCO ITCP - Manhole
Rehabilitation
Joseph J. Reichmuth is a Principal Engineer with over 20 years of design experience as a project engineer specializing in treatment facilities, pump stations, and pipelines.
His unique experience includes both detailed design on multi-disciplinary water and sewer facilities but also field engineering and construction management experience. This background provides a strong skill set for technical and constructibility reviews.
City Council Regular Meeting - Page 258 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Joseph Reichmuth, PE
RELEVANT EXPERIENCE (CONT.)
Eastside Force Main Project, Templeton Community Services District | Templeton, CA Project Manager. Designed and prepared construction documents for two sewage lift stations. The new lift stations diverted flow currently being conveyed to the City of Paso Robles to the District’s Meadowbrook WWTP. Design included two lift stations consisting of solids handling submersible pumps, rehabilitation of an existing lift station, and a total combined force main length of over 2.5 miles. The force main included three creek crossings and crossing under Highway 101. In addition to open cut trenching of the force main the design included HDD and jack and bore construction techniques. Managed construction phase services including submittal reviews, RFI responses, progress payment reviews, and field observations.
Meadowbrook Wastewater Treatment Plant | Templeton Community Services District, CA Project Engineer for development of improvements to enhance headworks including an automatic screen and grit removal for this 600,000 GPD facility.
DJ Farms Development | Guadalupe, CA
Performed observation services for City of Guadalupe for construction of water and wastewater infrastructure improvements for new development. Field checked water and wastewater system improvements for conformance to the City’s specifications and approved development plans. Prepared daily field reports and other documentation.
Grit Removal Project | South San Luis Obispo County Sanitation District, CA Project Engineer. Assisted with the design of a new grit removal facility for the WWTP. Responsibilities included assisting in the design of the grit removal system (separator and classifier) to remove large quantities of grit during average and peak daily flows and to handle peak wet weather flows of up to 10 MGD. Provided assistance with engineer’s opinion of cost, and plans and specifications for public bid.
WWTP Influent Piping Improvements | Santa Maria, CA
Project Engineer. Performed evaluation of existing influent piping at the City’s WWTP to determine the condition of the existing pipes and to recommend improvements to the piping to reduce grit accumulation and to provide capacity to the WWTP for future flow conditions. The study included a review of plant hydraulics and projected future flows to determine the capacity of the existing system. Based on this study developed and provided construction documents to the City to install 350 feet of 48 inch piping, 225 feet of 42 inch piping, modifications to 3 concrete diversion structures, and an automatic septage receiving station.
Dejoy Trunk Main Alternatives | Santa Maria, CA
Project Engineer. Performed evaluation of alternatives for upsizing one of the City’s main sewer trunk mains. The existing trunk main was identified to have capacity issues during the City’s recent capacity study. A portion of the existing line is located within an active farm that prevents the City from accessing the line. The City is interested in re-routing the sewer main around private properties and in or along nearby roadways. The study provided several alternatives and discussed potential issues with re-routing of the trunk main to roadway areas. The report also included estimated construction costs.
Water Reclamation Facility Upgrades | San Luis Obispo, CA Project Engineer. As a subconsultant to PGE, Identified and evaluated Energy Conservation Measures (ECMs) for the City of San Luis Obispo’s water distribution, sewer collection, wastewater treatment, and groundwater treatment facilities. ECMs were evaluated to improve energy efficiency and decrease operating costs utilizing PG&E’s Sustainable Solutions Turnkey (SST) program. Over $7M in capital projects were selected for improvements including solids dewatering facility upgrades, headworks screening, primary sludge pumps, RAS and WAS pumping systems, SCADA system, and digester gas cogeneration system replacement.
City Council Regular Meeting - Page 259 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Relevant Projects
Antelope Valley – East Kern Water Agency Tehachapi East Afterbay Pump Station | Antelope Valley, CA
Project Engineer. Work consisted of the preparation plans, specifications, and estimates for the design of a nominal 4,500 gpm pump station (four vertical turbine units – 3 future) including metering and discharge piping and appurtenances. The facility takes water from the Pool 42 of the California Aqueduct.
East Niles Community Services District. Well 21 Arsenic Treatment and Pump Station Phase 2 Project | Bakersfield, CA
Project Engineer. Work included design of a 2,250 gpm booster pump station (including a pump building and chemical feed appurtenances), a 428,000 gallon bolted steel tank, and ductile iron and steel piping and appurtenances to tie the treatment system from the Phase 1 Project into the reservoir and booster pump station.
East Niles Community Services District, Kern Citrus Pump Station | Bakersfield, CA Project Manager / Lead Designer. The pump station includes a nominal flow of 5,700 gpm at a Total Dynamic Head of approximately 170 feet provided by four identical 100 hp constant speed can-mounted vertical turbine pumping units, including one standby unit. The pump station replaces a 60-year old facility. The pump station is a key facility in the District’s infrastructure that distributes flows from the District’s groundwater wells to the higher elevation areas of the District. Facilities at the station include an air chamber for surge control, discharge piping and appurtenances, and connection to the Kern Citrus Tank.
G.L. Bruno Associates, Freeway Tank Pump Station | Bakersfield, CA Project Manager / Lead Designer. Project will be constructed in East Niles Community Services District to serve the G.L. Bruno medical campus which would be the first point of service in ENCSD’s 900 zone. The pump station design includes three present (1 future) nominal 750 gpm 30 hp constant speed vertical turbine can- mounted pumping units. The design also included a hydropneumatic tank for pressure regulation, discharge piping and appurtenances, a block building, and a standby generator.
Kern County Water Agency, Cross Valley Canal Expansion Project | California Existing Cross Valley Project conveys water from the California Aqueduct to metropolitan Bakersfield through a 17-mile long concrete lined canal with six intermediate low-head pump plants. The expansion project work included designing six parallel pumping plants (500 cfs capacity – 224,000 gpm) as well as a raised liner (1 to 1.5 feet) to accommodate the increase in system capacity from 922 cfs to 1422 cfs. The work included modeling of the canal section using HEC-RAS as well as preliminary modeling of surge events in the canal using Root Canal.
Mr. Nord has 20+ years of industry experience including analysis, modeling, design, and management of major water supply and water resources projects throughout California for municipalities, utilities, large-scale agriculture, and State Special Districts. Mr. Nord’s experience includes leading design and construction management services for water wells and wellhead treatment systems. Josh has designed and overseen construction of water supply wells, water distribution systems (e.g., interzone pump stations and boosted/hydropneumatic zones), major closed-conduit water conveyance systems (e.g., lake intake pump stations, intermediate booster stations, and associated transmission mains), and open canal conveyance systems. Mr. Nord brings a public agency perspective to his projects, having served as District Engineer for a public agency for many years.
EDUCATION
California State University, Fresno
BS Civil Engineering
LICENSES & REGISTRATIONS
California Professional Engineer -
Civil - No. C61789
PROFESSIONAL ASSOCIATIONS
American Public Works Association
(Kern Branch) Past President
American Society of Civil Engineers
JOSH
NORD, PE
PUMP STATIONS
City Council Regular Meeting - Page 260 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Kern County Water Agency, Northwest Feeder Treated Water Pump Station | Bakersfield, CA Design Engineer. Pump station includes four 14 cfs (800 hp) variable frequency drive equipped can-mounted pumping units, including one standby unit. Pump station has a design flowrate of 70 cfs at a total dynamic head of 204 feet. Facilities include a 3,200 cubic foot air chamber for surge ontrol as well as a 12-foot diameter partially- buried standpipe for surge control upstream of the pumps.
Kern County Water Agency, North and East Pump Station Project | Bakersfield, CA Design Engineer. Pump station includes four 600 hp variable frequency drive equipped can-mounted pumping units (3 duty – 1 standby) at the North Pump Station and one 500 hp wet-well mounted unit for the East Pump Station. The Total dynamic head of the two respective systems ranges between of 308 and 445 feet. Facilities include two air chambers (300 and 250 cubic feet respectively), modifications to existing air chambers, and pump station piping reconfiguration. Staging of construction was carefully detailed to minimize impacts to the existing systems.
Kern County Water Agency, Corner Tank Pump Station Expansion Project | Bakersfield, CA Design Engineer. Predesign efforts included analysis of hydraulic impacts resulting from expanded flows and analysis of potential for hydraulic transients. Design included adding pumps, appurtenances, electrical, and controls to bring the pump station to the design build-out condition. At build-out the pump station includes four 1000-gpm constant speed can-mounted pumping units (3 duty – 1 standby). Design included modifications to the existing air chambers. Staging of construction was carefully detailed to minimize impacts to the existing systems.
Metropolitan Water District of Salt Lake and Sandy, 15000 South Pump Station | Salt Lake City, UT Project engineer for preparation of system hydraulic calculations and pump selection for the 15000 south pump station bi-directional inline booster pump station.
Nacimiento Water Supply, System Hydraulics and Surge Analysis | Central Coast, CA Project engineer for preparation of preliminary system hydraulics and surge analyses, as well as preliminary design of surge control facilities.
North Dakota State Water Commission, Devils Lake Emergency Outlet Project | North Dakota Project Engineer for the preparation of system hydraulics, surge analyses, and final design of two 300 cfs pump stations and appurtenances as part of the Devils Lake Emergency Outlet Project. Both pump stations have a first phase capacity of 100 cfs at 160 feet of total dynamic head. The Round Lake Pump Station includes dual 54-inch diameter, 400 foot long, HDPE suction pipeline with a screened intake and vacuum priming. The pump station designs include four can-mounted vertical turbine pumps (2 at 50 cfs and 2 future at 100 cfs), removable suction pipelines (with raisable intake screens), a canal intake, 84-inch suction piping, fixed head standpipes for head control (40-foot diameter and 70 to 90 feet tall), 30-inch steel discharge piping and appurtenances, and recirculating bypass piping and valving. Design included mitigation measures to avoid impacting wetlands and had to account for deep freeze conditions.
Antelope Valley – East Kern Water Agency South Feeder Parallel Pipeline | Bakersfield, CA Project Engineer. Work consisted of the preparation of steel pipe design calculations, preparation of technical specifications, and construction drawings for the project including approximately 6.5 miles of 48-inch, 36-inch, and 24-inch CML&C steel pipe and appurtenances.
East Niles Community Services District Pioneer Pipeline Project | Bakersfield, CA Project Manager for the preparation of construction plans, technical specifications, and contract documents for the project. The design includes 1,400 l.f.+- of 12-inch PVC distribution pipeline with isolation valves, air-release, and hydrants. The pipeline was required to be relocated as a result of the overlying road being realigned/re-graded.
East Niles Community Services District Morning Drive Transmission Pipeline | Bakersfield, CA Project Manager for the environmental document preparation and preparation of the plans, specifications, and estimates for the project. The design includes a 20-inch CML&C steel pipeline between the Morning Drive Tank Site and Pump Station and the Freeway Tank Site (future pump station site). This transmission main is a key connection point (planned to be installed since mid-1980’s) to move flows from the surface water supply connection point into the lower zones of the District.
Josh Nord, PE
RELEVANT EXPERIENCE (CONT.)
City Council Regular Meeting - Page 261 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Mr. Hanlon, after over 18 years of serving as project engineer, project manager, and ultimately as an operations manager for a Fortune 500 consulting engineering firm, joined MKN and Associates, Inc. specializing in water, wastewater, and water reuse engineering for public agencies. His expertise includes management, planning, and design of water, wastewater, and recycled water facilities throughout California. As a Principal Engineer at MKN, Mr. Hanlon’s experience has included design, analysis, and management of complex multi-disciplined projects, including water and wastewater treatment facilities, pump stations, production wells, piping and valves, hydraulic analysis, master planning, and environmental permitting.
Relevant Projects
Terrace Hill and Washwater Tank No.2 Rehabilitations | San Luis Obispo, CA The City retained MKN to develop construction documents for recoating and repair of two steel water storage tanks. Additionally, MKN developed seismic improvements of the Terrace Hill Tank, revisions to the inlet/outlet piping, and passive mixing systems to address water age and improve turnover of the tank. The seismic improvements included construction documents for a new ringwall footing and anchorage, as well as installation of flexible connections. Based on the anticipated cost of the necessary repairs, MKN assisted the City in evaluating alternatives for abandoning the Terrace Hill Tank. Ultimately, MKN designed a new 16-inch waterline and PRV connection to allow for removal of the tank while maintaining service to the Terrace Hill Zone.
Bonita Tank Condition Assessment and Rehabilitation | Guadalupe, CA Project Manager. Performed a condition assessment and analysis of the City’s 500,000 gallon welded steel Bonita Reservoir. It was determined that the reservoir should be retrofitted with a new foundation, and that the reservoir roof and rafters be removed and replaced. Surface preparation and new coatings were recommended for all surfaces. MKN was retained by the City to prepare construction documents for the tank rehabilitation, estimated for late 2015.
Golden Hill/Merryhill Storage Tank Rehabilitation | Paso Robles, CA Project Manager. Project involved rehabilitation and seismic improvements to two City water storage tanks. Improvements to Goldenhill Tank (4 MG) included repair and replacement of roof structural members, and associated recoating.
Improvements to Merryhill reservoir included new inlet/outlet piping, design of new perimeter ringwall foundation and seismic anchors, repair and replacement of tank shell penetrations, and recoating of all internal and external tank surfaces.
Golden Hill Tank Seismic Repair | Paso Robles, CA
Project Engineer. Project to design structural repairs to existing 3 MG steel reservoir.
Coating assessment and specifications to be provided for recoating two City reservoirs.
21st Street Reservoir Replacement Project | Paso Robles, CA Project Engineer. Project involved the replacement of 4MG earthen reservoir with two partially buried 3MG pre-stressed concrete reservoirs.
Obispo Water Storage Tank #2 | Guadalupe, CA
Project Manager. Design and construction of a new 350,000 gallon welded steel tank to serve new development in the City of Guadalupe. In addition to design of the AWWA D100 tank, project includes design of a municipal booster pump station and water production well along with associated SCADA, backup power supply, pump station building, and facilities for secondary disinfection using monochloramine residual.
EDUCATION
California Polytechnic State
University, San Luis Obispo
BS Mechanical Engineering
LICENSES & REGISTRATIONS
California Professional Engineer -
Mechanical - No. M33232
NACE Certified Coating Inspector
#10431924
PROFESSIONAL ASSOCIATIONS
National Association of Corrosion
Engineers (NACE)
American Water Works Association
American Society of Mechanical
Engineers
American Public Works Association
JON
HANLON, PE
RESERVOIRS
City Council Regular Meeting - Page 262 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Jon Hanlon, PE
RELEVANT EXPERIENCE (CONT.)
Elevated Tank Rehabilitation | Guadalupe, CA
Project Manager. The City of Guadalupe owns an elevated tank that was fabricated in 2008 and has a nominal storage capacity of 100,000 gallons. The high water level of the tank is 139 feet above ground elevation with just over 20 feet of head available within the tank. A tank inspection identified multiple coating failures on the exterior of the tank and support structure, with some evidence of coating failure on internal surfaces. MKN was retained to prepare plans and specification for removal and replacement of coatings on the exterior of the tank and support structure, repairs to the internal coatings, and structural repairs to damaged portions of the support tower.
Reservoir Disinfection Byproduct Reduction Project | San Luis Obispo, CA Project Manager. Project includes preparation of construction documents for improvements at the water treatment plant and in the water distribution system. The City identified two locations for TTHM reduction: 1) A two-million gallon tank located at the WTP, and 2) A four million gallon tank located on the southern side of the City. MKN reviewed prior efforts and recommended revisions to the planned approach that would improve efficacy, reduce operating cost, and have lower construction cost.
Reservoir No.2 Replacement Feasibility Study | San Luis Obispo, CA Project Manager. MKN was retained by the City of San Luis Obispo to prepare a Feasibility Study to identify the preferred approach to upgrading the City’s Reservoir No. 2. The purpose of the study was to evaluate storage, hydraulic impacts, water age, construction costs, and technical considerations associated with replacing the existing
7.44 million gallon reservoir. As part of the project MKN evaluated three potential locations for the new reservoir which required development of the City’s hydraulic model, preparation of a dynamic city-wide water age analysis, analysis of City Transfer Pump Station, and an analysis of temporary storage requirements during construction.
Rio Mesa Well, Valley Children’s Hospital | Madera, CA
Project Engineer. Valley Children’s Hospital (VCH) recently acquired the property located to the southeast of the existing hospital. The property consists of a golf course and includes a potable and non-potable water supply well.
VCH plans to improve the capacity of the non-potable well, improve the well to meet potable water standards, and incorporate the well into the VCH water system as an additional water supply. The Rio Mesa Well will also continue to be used for landscape irrigation of the golf course.
Mutual Well #7 Well Equipment and Site Work, Casitas Municipal Water District | Ojai, CA Project Engineer. Design of new well facilities to produce 400 gpm and the replacement of an existing well to produce 200 gpm. The wells are part of an integral well field and supply water the Ojai Water System.
Well Failure Analysis, Pleasant Valley County Water District | Ventura County CA Project Engineer. Municipal well failure analysis included review of well performance and construction documents.
Analysis identified mode of failure was due to well misalignment. Prepared report identifying options for replacement which included use of a smaller vertical turbine pump or submersible pump.
Fairview Well Rehabilitation, Calleguas Municipal Water District | Ventura County CA Project Engineer. Project to rehabilitate an inactive Aquifer Storage and Recovery (ASR) well and return it to service as a backup groundwater production well. Project includes video and biological inspection of the well, followed by preparation of plans and specifications for redevelopment of the well and system upgrades. System upgrades consist of installation of a new pump and motor, new motor control center including variable frequency drive, programmable logic controller, provisions for backup generation, replacement of piping and associated appurtenances, and addition of a disinfection system.
Well #11 Treatment Project | Arroyo Grande, CA
Project Engineer. MKN provided construction observation services during construction of Well 11 for the City of Arroyo Grande. The project included installation of a submersible well pump, an iron and arsenic treatment system, and associated piping and building. Design of the project was by others and MKN provided the City with process engineering support following failure of the treatment system to perform as expected. The well water exhibited extremely unusual chemistry, resisting conventional methods of oxidizing iron. MKN has been working with City staff to develop alternative oxidation methods, including permanganate and ozonation, to achieve the required water quality.
City Council Regular Meeting - Page 263 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Parasto Azami has over 10 years of experience in water and wastewater engineering design delivering designs in the areas of gravity sewer, force main, water conveyance systems, pump stations, rehabilitation, and engineering estimates. Her experience includes multiple, complex large pipeline design projects.
Relevant Projects
Capital Improvement water and Sewer lines, Portola Parkway, Irvine Ranch Water District | Irvine, CA
Project Engineer for design over 2 miles 30-inch domestic transmission water line, 10-inch sewer line, 16-inch recycled water lines and over 200 feet of trenchless/ tunneling pipe for new developments along Portola pkwy. Prepared civil details, plan & profile, Air/vac relief and blow-off vaults, sections, paving plans, construction schedule and specifications.
Rehabilitation of Western Regional Sewer, Orange County Sanitation District | Fountain Valley, CA Design Engineer for rehabilitation (cured-in-place liner) and replacement of 16 miles of sewer pipes and over 200 manholes to extend sewer system’s reliable life by 50 years. Major tasks include preparation of preliminary and final design technical reports, design of plan & profile, civil details, bypass plans, paving plans, construction schedule, cost estimate and specifications. Work also included coordination and attending progress review meetings with client, utility agencies and sub-contractors. Also, coordination with various agencies to identify submittal and permit requirements.
Morena Pump Station and Conveyance System (Pure Water), City of San Diego | San Diego, CA Design Engineer for design of over 11 miles of 48-inch Force main and 30-inch Brine line to convey sewer from Morena pump station to North City Pure Water Facility and producing 15 MGD of purified drinking water. Major tasks include hydraulic analysis, steel pipe calculations (AWWA M-11), preparing plan & profile, civil and connection details, air release valve and blow-ff vaults, and associated appurtenances. Also, designed pressure reducing facility (PRV), prepared specifications and O&M manuals.
Otay 2nd Pipeline, City of San Diego | San Diego, CA
Project Engineer for design of 2 miles of new 48-inch water line and a pressure reducing facility. Designed PRV , conducted hydraulic calculations and steel pipe welding size, developed plan & profile, civil details, and technical reports. Also, coordinated with vendors to obtain PRV sizing and requirements.
Water Pipeline Assessment, Channel Islands Beach Community Services District | Channel Islands Harbor, CA
As Project Engineer, evaluated existing conditions and risk mitigation measures associated with an existing potable pipeline located within private easements.
Prepared report and recommendation including construction feasibility and cost estimate.
Sunnyside Regional Treatment Facility, Spill Containment and Drainage Improvement, County of San Bernardino | San Bernardino, CA
Project Engineer for design of new 10-inch drainage pipes and drainage vaults for the treatment facility site. Major tasks include hydraulic analysis, developing system
EDUCATION
University of California Irvine,
California
MS Civil Engineering
Tabriz University, Iran
BS Mechanical Engineering
LICENSES & REGISTRATIONS
California Professional Engineer -
Civil - No. 91468
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers
Association of Woman in Water,
Energy & Environment
Woman in Water (OC Chapter)
PARASTO
AZAMI, PE
PIPELINES
City Council Regular Meeting - Page 264 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Parasto Azami, PE
RELEVANT EXPERIENCE (CONT.)
curve and pump selection. Also, prepared technical memorandum, construction schedule and specifications.
Terminal Link Road Triturator, San Diego County Regional Airport Authority | San Diego, CA Design Engineer in charge of designing trenchless 8-inch sewer line and connections to convey airlines sewer from Triturator facility to city sewer. Major tasks include preparing plan & profile, civil details, sections, grading, and paving plans, evaluation of access road alternatives, construction schedule and cost estimate.
Mentone Boulevard SR-38 Sewer System, City of Redlands | Redlands, CA Design Engineer for the design of over one mile 10-inch sewer line to provide sewer service for new senior center and library. Major tasks include preparing preliminary and final design report, plan & profile, and civil details.
Conducted utility research, performed alignment study, calculated hydraulics, prepared construction schedule, cost estimate, and specifications. Reviewed construction submittals and performed site inspection.
Emergency Interconnects, City of Thousand Oaks | Thousand Oaks, CA Design Lead for final design for two emergency potable water interconnects between the City of Thousand Oaks and American Water. The interconnects include control valves, pressure relief valve, pump connections, metering, below grade vaults and associated appurtenances. As part of project, evaluated multiple locations and alignments, coordinated with both agencies to obtain design requirements, and coordinated with surveying and pot-holing subconsultants.
Pressure-Reducing Station, City of Thousand Oaks | Thousand Oaks, CA Design Lead for final design of two pressure reducing facilities. Major tasks include hydraulic analysis of existing conditions, utilities research, and development of a preliminary and final design for a new pressure-reducing station to offset the need for alternative capital improvement projects.
Reservoir 2B & 3B Replacement, South Coast Water District | Thousand Oaks, CA Project engineer for preliminary design of replacement of existing water reservoirs to meet the emergency fire demand. Major tasks include hydraulic analysis, reservoirs siting evaluation, constraint analysis, environmental and geotechnical evaluation. Prepared technical memos, construction schedule and cost estimate.
Santa Anita Debris Dam Seismic Strengthening, County of Los Angeles | Arcadia, CA Project Engineer for design of 8-inch water line to provide temporary water for construction and future fire hydrant at dam site. Tasks include developing scope, budget and work schedule for project addendum, design of waterline, hydraulic calculations, site plan, plan & profile, civil details, construction schedule and cost estimate.
City Council Regular Meeting - Page 265 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN For the past 14 years, Solomon Sheikh has honed his project and construction man- agement experience in both the public and private sectors. His skillsets as a project leader have been an active and respected addition to projects ranging in size from $25,000 to $13 Billion. Projects include conveyance, wastewater treatment plants, pump stations, commercial office spaces, oil refineries, and dams. Solomon spe - cializes in complex construction projects and cost estimating, having prepared hard bids and constructability reviews for various projects totaling over $300M.
Cost Estimating, Budgeting, & Constructability
• IEUA RP-5 Liquids Treatment to 22.5 MGD; Estimated Value $329M • IEUA RP-1 Flare Improvements; Estimated Value $5.5M
• IEUA RP-4 Primary Clarifier; Estimated Value $10.5M
• LASAN DC Tillman Eq Basin; Estimated Value $100M
• LADWP Silver Lake Reservoir Ph#3; Estimated Value $25M • SFPUC Calaveras Dam Replacement; Estimated Value $15M • EMWD Perris Valley RWRF Plant #3; Estimated Value $8M • Confidential Client in Cupertino, CA; Estimated Value $15M • Google Disk Drive Buildings; Estimated Value $2M
• Google Stierlin Court Buildings; Estimated Value $1M
• XL 2621 Tenth Street; Estimated Value $1M
• City of Oceanside Loma Alta Sewer Relocation Phase 2; Estimated Value $4M • City of Oceanside North Valley Lift Station Force Main Bridge and Channel Improvements; Estimated Value $1M
• City of Oceanside Pilgrim Creek Lift Station; Estimated Value $2.4M • Gunner Ranch Inc. Valley Children’s Healthcare Water System Expansion; Estimated Value $1.1M
• East Niles Community Services District Well 19 Arsenic Treatment Project; Estimated Value $1.4M
Relevant Projects
Calaveras Dam Replacement Project, San Francisco Public Utilities Commission (SFPUC) | Sunol/Fremont, CA
Project Engineer for Joint-Venture Contractor Team of Dragados-Flatiron-Sukut on $800M+ project for San Francisco Public Utilities Commission. Project consisted of building a replacement earthen dam directly downstream of the existing dam.
Major works included construction of new intake structure, new spillway, earthen dam, outfall structure with associated piping.
Perris Valley RWRF Plant 3 Expansion, Eastern Municipal Water District (EMWD) | Perris, CA
Field Engineer, Project Engineer, and Mechanical Superintendent for Kiewit Infra - structure West Co. the general contractor self-performing majority of work on the project. This $180M project involved the construction, startup, and testing to an expansion of an existing wastewater facility. At completion, the plant processing capacity was increased from 14 MGD to 22 MGD including new solids waste pro - cessing.
EDUCATION
California Polytechnic State
University, San Luis Obispo
BS Mechanical Engineering
HVAC Concentration
SOLOMON
SHEIKH
COST ESTIMATING
City Council Regular Meeting - Page 266 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Solomon Sheikh
RELEVANT EXPERIENCE (CONT.)
Roja Sewer Lift Station Improvements, City of Oceanside | Oceanside, CA Resident Engineer for the modifications to the Roja Lift Station in Oceanside, CA. The project totaled $400k to over- haul an existing sewer lift station in a residential neighborhood. Primary works include the removal and replace - ment of duplex sump pumps, piping, valves, and associated power & controls systems. In addition, the existing concrete sump was rehabilitated and relined.
Green Lane Pumping Plant Force Main No.1 Replacement and Force Main No. 2, Los Angeles County Sanitation Districts (LACSD) | Redondo Beach, CA.
Assistant Resident Engineer for the modifications to existing force main piping and installation of new force main piping at Green Lane and Nelson Avenue in Redondo Beach, CA. The project totaled $600k to remove and replace one force main line, install new force main line to run in parallel to existing, and install new precast vaults. In ad - dition to force main piping and precast structures, project required the abatement and removal of existing asbestos piping, temporary bypass pumping, pump process piping replacement, and traffic shutdowns.
Silver Lake Reservoir Complex Phase #3, City of Los Angeles Department of Water and Power (LADWP) | Los Angeles, CA.
Piping and Structural Steel Estimator for budgetary pricing on behalf of W.M. Lyles Co who was acting in a construc- tion management role. Budgetary pricing was completed using issued for construction (IFC) drawings for all works associated with the construction, commissioning, and startup of four large bore valve vaults including associated structural steel, several hundred feet of 24”-78” steel piping, and several tie-ins to existing systems.
PHMRF Storm Water Capture Project, Los Angeles County Sanitation Districts (LACSD) | Whittier, CA Assistant Resident Engineer for the modifications to the Puente Hills Material Recovery Facility in Whittier, CA. This $4.3M project was to upgrade the storm water capture and conveyance system at an existing solids recovery facility.
Major works included construction of (4) storm water lift stations, earthen basins, above and below grade convey - ance piping with associated instrumentation, new electrical power conveyance, SCADA integration, and fiberoptic communications.
LCWRP Power Distribution System Modifications Project, Los Angeles County Sanitation Districts (LACSD) |Cerritos, CA Assistant Resident Engineer for the modifications to the Los Coyotes Water Reclamation Plant in Cerritos, CA. Con- struction of this $28M project is currently ongoing and is designed to add 100% power distribution redundancy to an existing wastewater plant. Major works include replacement of the existing SCE power service, additional 2,500 kW diesel-engine generators, removal and replacement of 90% of the low-voltage power distribution equipment at the plant, transition/cutover from existing power system to new power systems, and thousands of feet of electrical conduit and wire.
Jones Road Tenant Improvements Project, City of Oceanside | Oceanside, CA Resident Engineer for the modifications to the existing Water Utilities Building located at 110 Jones Road in Oceans- ide, CA. The Project totals $2.4M to retrofit the original building constructed in the 1930s. Upgrades to the building include new roofing, removal and replacement of existing MEPF systems, new roof framing including seismic ret - rofits to existing framing, 750 sq. ft building extension, and new water meter test bench equipment. Other works include site improvements, security upgrades, and new data and communications systems.
City Council Regular Meeting - Page 267 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN OSCAR
DAZA, PE, PhD
SURGE ANALYSIS
Oscar Daza is a qualified Agricultural and Irrigation Engineer registered as a Civil Engineer with a diverse experience. He is driven to devise new solutions and approaches to water resources engineering problems. Dr. Daza promotes holistic vision, critical thinking, and teamwork from inception and initial planning stages, through design, construction, and management for successful project completion.
He is committed to open, proactive management and effective communication with client and project staff.
His areas of expertise include water resources engineering; water resources planning and management; irrigation and drainage engineering; hydraulic systems engineering (pipe water distribution systems, pumps and pumping stations, open channel flow, groundwater and wells, stormwater systems); groundwater hydrology and hydraulics; groundwater flow and transport modeling and simulation; modeling, simulation/optimization of conjunctive water management systems; and land improvement and reclamation projects for agricultural production.
Relevant Projects
B369 System Extension Project, Semitropic Water Storage District | Wasco, CA Project engineer. Preliminary conceptual design and support of grant preparation to be funded by the United States Bureau of Reclamation (USBR). The purpose of the project was to tie a bidirectional water supply between the B369 Connection and the Leonard Intertie Extension located within the district boundary to increase irrigation delivery flexibility and reliability. The project included a 2.8-mile 30-inch bidirectional PVC pipeline and a 0.75-mile 18-inch branch PVC pipeline to deliver 20 cfs (9,000 gpm) with 2-20-hp booster pumps.
Leonard Avenue Pipeline Intertie | Shafter-Wasco Irrigation District (SWID), CA Project engineer. Preliminary conceptual and basis of design and support of grant preparation for funding with the United States Bureau of Reclamation (USBR). The purpose of the project was to increase water supply and irrigation delivery flexibility.
The project included the construction of a 1.5-mile-long single direction, intertie pipeline stemming from existing SWID 27-inch Lateral 137.2-7.1 N and 18-inch Lateral 137.2-7.1 N-2 and connecting it to existing Semitropic Water Storage District B230 system.
Bell Pipeline Recharge | Shafter-Wasco Irrigation District (SWID), CA Project engineer. Preliminary conceptual design and support of grant preparation for funding with the United States Bureau of Reclamation (USBR). The purpose of the project was to increase irrigation delivery flexibility. The project included approximately 1.0-mile-long 21-inch bidirectional flow intertie pipeline connected to existing 21-inch Lateral 137.2-2.1N, 15-inch Lateral 134.4-1.75S-1.5E, and 18-inch Lateral 134.4-1.7S-1.5E.
Diltz Avenue Pipeline Intertie | Shafter-Wasco Irrigation District (SWID), CA Project engineer. Engineering roll included the support in the submittal review process for construction. The purpose of the project was to provide a bidirectional water supply between Shafter-Wasco Irrigation District and Semitropic Water Storage District to increase water supply flexibility and reliability between the two districts.
The project included approximately 1.5-mi 36-inch, 1.0-mile 15-inch and 0.3-mile 18- inch PVC pipe; additionally the engineering support to incorporate a pressure relief valve for surge protection in the event of pipeline operational mismanagement.
EDUCATION
Utah State University
Ph.D. Agricultural and Irrigation
Engineering
Wageningen University, The
Netherlands
MS Water Management
Universidad del Valle, Colombia
BS Agricultural Engineering
LICENSES & REGISTRATIONS
California Professional Engineer -
Civil - No. 79180
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers
City Council Regular Meeting - Page 268 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Oscar Daza, PE, PhD
RELEVANT EXPERIENCE (CONT.)
Southern San Joaquin Municipal Water District-North Kern Water Storage District Intertie Pipeline for Regional Drought Resiliency, Southern San Joaquin Municipal Utility District | Delano, CA Project engineer. Preliminary design and support of grant preparation for funding with the Unites Sates Bureau of Reclamation. The purpose of the project was to increase irrigation delivery flexibility and reliability by returning stored groundwater recovered from the North Kern Water Storage District groundwater banking. The project included a 2.75-mile 36-inch pipeline delivery system and a booster pump station consisting of 2-20 cfs (8,976 gpm) 2-250-hp pumps to be installed in Lerdo canal.
Cox Canal Intertie, Semitropic Water Storage District | Wasco, CA Project engineer. Hydraulic analysis and design for canal improved and safe carrying capacity, pump sump, pump station, pipe discharge, energy dissipation outlet structure into Intake Canal, and spillway on Cox/Intake Canal. The purpose of the project was to capture surface runoff water in the Cox Canal during the wet season and pump it out into the Intake Canal to improve water use efficiency using 2-100 cfs axial flow pumps, 2-48-inches steel discharge pipes, and a 200 cfs emergency spillway capacity to protect the integrity and functionality of the overall system during a potential power outage or pump failure during a synchronous flood event of the Cox Canal.
North Canal Pump Back Project, Arvin-Edison Water Storage District | Arvin, CA Project engineer/manager. Provided design support criteria and construction project management of pump station and structure with a capacity of 65 cfs, 125 hp variable speed motor.
Initial Ranking of Potential Recharge Expansion Sites, North Kern Water Storage District | Bakersfield, CA Project engineer. Provided engineering support and criteria to perform the assessment and ranking of potential groundwater recharge and banking sites and expansion. The scope of the water banking expansion project included the district vision of increasing its direct groundwater recharge capacity. Since the total number of proposed sites exceeded the district’s requirements, there was the need to perform a high-level screening of the proposed sites based on readily available data, with the objective of limiting the number of sites for which additional study could be performed. The objective of this study was to evaluate the proposed sites to obtain a preliminary ranking list based on selected criteria.
Kern Fan Groundwater Storage Project, Irvine Ranch Water District/Rosedale-Rio Bravo Water Storage District | Bakersfield, CA
Project engineer. Preliminary design report review of the feasibility report performed by a third engineering consultant of a groundwater recharge and banking project to deliver water to Rosedale-Rio Bravo Water Storage District on behalf of Irvine Ranch Water District. This project was considered a prospective join venture of two consulting engineering companies which included important infrastructure consisting of a new turnout in the California Aqueduct (CA), a
7.6-mile-long 500-cfs lined canal, six inverted siphon crossings, two individual lift stations, 640 acres of recharge basins, 2 planned phases of 6 recovery wells in two different areas, canal and pipeline return facilities to CA, SCADA, and all related ancillary infrastructure.
Pixley Irrigation District (PID) and Delano-Earlimart Irrigation District (DEID) Joint Groundwater Banking Program | Tipton, CA Project engineer providing engineering support and leading the conceptualization, definition of recharge components, and the aquifer parameters to build and calibrate the groundwater model in Visual Modflow.
City Council Regular Meeting - Page 269 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN ROBERT
LEPORE, GISP
HYDRAULIC MODELING
Mr. Lepore has 20 years of experience in developing comprehensive water, wastewater, and recycled water master plans for public utilities with a focus on GIS integration. Rob has served as a project manager or Water Resource Planner for more than 95 master planning and hydraulic modeling projects in central and southern California. In addition, Rob has prepared 14 Urban Water Management Plans and completed over 50 GIS implementation projects. He is also a Geographic Information System Professional (GISP) certified by the GIS Certification Institute.
Rob has worked for a public utility, GIS consulting firm, and multiple engineering firms, which has allowed him to focus and refine his execution of critical master planning projects for our municipal infrastructure clients.
Relevant Projects
Water Master Plan | Grover Beach, CA
Water Resource Planner. Project consisted of a condition assessment and capacity evaluation of the City of Grover Beach water distribution system. Specific responsibilities included evaluation of existing water production, storage, and distribution facilities; creation of a GIS-based hydraulic water model, preparation of GIS-based system atlas, review of water quality requirements and goals; development of potential future requirements and evaluation of equipment alternatives; identification of deficiencies under existing and future conditions; development of Capital Improvements Program (CIP) and cost opinions for existing and future improvements.
Water System Master Plan Update | Tehachapi, CA
Water Resource Planner. Project consisted of a condition assessment and capacity evaluation of the City of Tehachapi water distribution system. Specific responsibilities included evaluation of existing water production, storage, and distribution facilities; creation of a GIS-based hydraulic water model, preparation of GIS-based system atlas, review of water quality requirements and goals; development of potential future requirements and evaluation of equipment alternatives; identification of deficiencies under existing and future conditions; development of Capital Improvements Program (CIP) and cost opinions for existing and future improvements.
Water Master Plan, Valley Children’s Hospital | Madera, CA Water Resource Planner. Completed a master plan of the on-site water distribution system to serve the planned expansion of the hospital, including the near-term expansion that will occur on the recently acquired parcels totaling 43 acres. Future development consists of an additional 760,638 square feet of hospital building area in addition to the existing 827,512 square feet. Tasks consisted of evaluation of existing water storage and distribution facilities; creation of a GIS-based hydraulic water model, identification of deficiencies under existing and future conditions; development of Capital Improvements Program (CIP) and cost opinions for existing and future improvements.
Water Master Plan | Guadalupe, CA
Project consisted of a condition assessment and capacity evaluation of the City of Guadalupe water distribution system. Specific responsibilities included evaluation of existing water production, storage, and distribution facilities; creation of a GIS- based hydraulic water model, preparation of GIS-based system atlas, review of water quality requirements and goals; development of potential future requirements and evaluation of equipment alternatives; identification of deficiencies under existing and future conditions; development of Capital Improvements Program (CIP) and cost opinions for existing and future improvements.
EDUCATION
Wentworth Institute of Technology,
Boston, MA
BS Environmental Engineering
LICENSES & REGISTRATIONS
Certified Geographic Information
System Professional (GISP)
CA-NV AWWA Certified Water Audit
Validator
State Water Resources Control
Board Water Treatment Operator
Grade T2
State Water Resources Control
Board Water Distribution Operator
Grade D2
PROFESSIONAL ASSOCIATIONS
San Luis Obispo Regional GIS
Collaborative (SLORGC)
GIS Certification Institute (GISCI)
Applicant Review Committee
San Luis Obispo GIS User Group
City Council Regular Meeting - Page 270 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Robert Lepore, GISP
RELEVANT EXPERIENCE (CONT.)
Supplemental Report to 2014 Water Master Plan | Guadalupe, CA Served as Project Engineer. In May 2014, MKN and Associates (MKN) completed the City of Guadalupe’s Water Master Plan (WMP). The Master Plan evaluated the City’s water supply, storage and pumping facilities, and distribution system, and identified Capital Improvement Projects (CIP) necessary to support City demands through buildout. A number of significant planning changes to the City’s water system have occurred since the completion of the Master Plan. MKN developed a supplemental analysis and report to review these changes and identify the impacts to the scope, priority, and necessity of certain recommended CIPs from the 2014 WMP.
Ojai Water System Transmission Main Study, Casitas MWD | Ojai, CA Water Resource Planner. This project focused on updating the existing OWS hydraulic model by incorporating changes to the system since the 2018 WMP and findings from other planning studies, reviewing the impacts to the Casitas Water System based on the conversion of the Matilija Conduit to the Ojai water system, and developing preferred alternatives (including use of the Matilija Conduit) from the Ojai 12-Inch Pipeline Replacement study within the OWS hydraulic model and evaluate if those alternatives impact (eliminate/expand) the recommended improvements from the 2018 WMP. Project tasks included hydraulic modeling using the District’s Innovyze InfoWater model, refinement of project alternatives, qualitative evaluation of alternatives, and development of opinion of probable construction cost for each alternative.
Running Ridge Zone Hydraulic Analysis, Casitas MWD | Ojai, CA Water Resource Planner. The District acquired the Ojai Water System in 2017 from Golden State Water Company.
This project focused on a hydraulic evaluation of the Running Ridge Zone to replace two existing storage tanks within the zone that have surpassed their useful life and are located in an area difficult to access for maintenance and replacement. Alternatives evaluated included: a new tank at a different location; upgrades to existing pump stations; new booster station(s); new pressure-regulation station(s); or a combination of these. Project tasks included an updated demand and storage evaluation, hydraulic modeling using the District’s Innovyze InfoWater model, refinement of project alternatives, qualitative evaluation of alternatives, and development of opinion of probable construction cost for each alternative.
Signal Booster Zone Hydraulic Analysis, Casitas MWD | Ojai, CA Served as Water Resource Planner. The Casitas Municipal Water District acquired the Ojai Water System in 2017 from Golden State Water Company. This project focused on a hydraulic evaluation of the Signal Booster Zone to replace an existing storage tank and booster pump station that have surpassed their useful life. Based on the volume of the tank, small demand conditions, and low hydraulic grade of the tank, the District also experiences water quality issues. Alternatives evaluated included a new tank at the current location, a new tank at a different location, new booster station(s), or a combination of these. Project tasks included an updated demand and storage evaluation, hydraulic modeling using the District’s Innovyze InfoWater model, refinement of project alternatives, qualitative evaluation of alternatives, and development of opinion of probable construction cost for each alternative.
Central Water Treatment Plan Hydraulic Evaluation | AMWC, CA Water Resource Planner. Atascadero Mutual Water Company hired Michael K. Nunley & Associates, Inc. (MKN) to perform a hydraulic analysis for the future central water treatment plant (CWTP) and determine how to best integrate the facility into the existing water distribution system. In addition, AMWC requested MKN analyze and develop design criteria for a proposed pump station to convey water from the Main Zone to the Random Oaks Zone so the entire water distribution system would receive treated water from the CWTP. The Random Oaks Zone is currently supplied by Wells 8A and 13A, which would be put onto standby status.
PFOA/PFOS Compliance Support | Atascadero, CA
Served as Water Resource Planner. Atascadero Mutual Water Company hired MKN to review PFOS/PFOA monitoring data for the AMWC production wells, develop a blending strategy with the goal of keeping PFOS/PFOA concentrations below reporting levels, and perform hydraulic analysis to evaluate well operating scenarios to determine the ability of the existing system to meet peak demands and possible hydraulic constraints which could inhibit blending.
City Council Regular Meeting - Page 271 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN CITY OF L YNWOOD | WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION | PAGE 1 Travis is a Senior Vice President at PSE and has over 20 years serving as a structural engineering consultant to numerous owners, contractors, architects and engineering firm partners. His experience includes a broad range of structural engineering disciplines involving experience within structural engineering design, structural analysis, forensic analysis, project management, and plan review services. He has worked on both small and large-scale projects including essential facilities such as municipal water storage reservoirs and pump stations, water treatment plants, transportation and roadway projects. He has completed over 200 reservoir assessments, seismic evaluations, and upgrade designs for pump stations, reservoirs and water/wastewater related structures.
Project Experience
City of Redmond, Pressure Zone 1A (4.0 MG) Reservoir, Redmond, CA PSE provided structural engineering design and construction services for a new 4.0 MG prestressed concrete AWWA D110 Type 1 reservoir and a new CMU pump station. The reservoir has an inside diameter of 188'-6" and a wall height of 22'. The reservoir design incorporated seismic detailing at the wall base and top, unique to the circular prestressed concrete tank design. Design coordination elements included excavation and backfilling to provide a buried structure which best utilized the selected site, seismic design to meet the site specific design earthquake criteria, as well as specifications to ensure appropriate contractor experience in liquid-tight prestressed concrete tank construction.
City of Sherwood, Sunset (4.0 MG) Reservoir No. 2 and Pump Station, Sherwood, OR PSE provided the design and generation of specifications and construction documents for this 4.0 MG partially buried storage reservoir located in Snyder Park in the city of Sherwood.
Provisions for and design of special detailing was included for the installation of two fenced tennis courts on the roof. Also included in this contract was the design of a single story CMU pump station structure which houses new pumping and dosing facilities for the two reservoirs on site plus an enclosed backup generator power unit.
City of San Diego, South San Diego Reservoir Replacement, San Diego, CA PSE provided the predesign of two 7.5 MG prestressed concrete reservoirs to replace the City of San Diego’s existing 15 MG South San Diego reservoir. The existing reservoir consists of a rectangular reinforced concrete structure with a deteriorating wood roof. PSE is providing detailing for the new reservoirs’ structural members including establishing design criteria and corresponding thicknesses for the floor, footings, walls, columns, roof, and freeboard as well as providing engineer’s estimates.
City of Poway, Clearwells Two (4.0 MG) Prestressed Concrete Tanks, Poway, CA PSE is the structural subconsultant for the design of two 4 MG prestressed concrete tanks to replace an existing, 10 MG concrete basin with a floating cover. The new tanks will be at-grade prestressed concrete structures (AWWA D110, Type I) located adjacent to the City’s Berglund Water Treatment Plant. PSE’s scope includes preliminary design related to geotechnical investigation field work, construction estimates, technical specifications, and complete structural design details for the new tanks. In addition to the structural design of the tank, PSE is also responsible for the structural design and improvements of an existing valve vault.
King County Water District, Burien (3.7 MG) Reservoir, King County, WA PSE provided structural design for the construction of this new partially buried 3.7 MG Type 1 prestressed concrete water reservoir for King County Water District No. 49. Also included in this contract was the design of a CMU pump station structure, backup generator power unit and foundation design for monument signage.
EDUCATION
MS Civil Engineering,
Portland State University
BS Civil Engineering,
Portland State University
YEARS EXPERIENCE
21 REGISTRATIONS
Professional Engineer: CA, CO,
GA, HI, MA, MI, NC, OR, VA, TX,
UT, WA
Structural Engineer: CA, HI, OR,
UT, WA
MEMBERSHIPS
Structural Engineers Association
American Council of Engineering
Companies
American Society of Civil
Engineers
American Water Works
Association
American Institute of Steel
Construction
NCEES Structural Committee
TRAVIS MCFERON, PE, SE
Lead Structural Engineer
City Council Regular Meeting - Page 272 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN CITY OF L YNWOOD | WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION | PAGE 2 Lake Arrowhead CSD, Spyglass (0.4MG) Prestressed Concrete Tank, Lake Arrowhead, CA PSE was contracted for the design of a new 0.4MG prestressed concrete tank for the District to replace an existing aging 0.3MG steel tank which was constructed in 1972. The new tank is prestressed concrete (AWWA D110, Type I) and partially backfilled on one side to minimize retaining wall construction. As such, design of the tank required sliding stability measures. Project scope includes work from predesign through to construction services.
Town of Hillsborough, Darrell (2.0 MG) Prestressed Concrete Tank, Hillsborough, CA PSE was contracted for the design of a new 2 MG prestressed concrete tank to replace two existing, aging 0.5 MG welded steel tanks for the Town of Hillsborough. The new tank is an at-grade prestressed concrete structure (AWWA D110, Type I) located adjacent to the San Andreas Fault. The large seismic accelerations expected at the site resulted in a calculated slosh wave height of 9-feet and required the tank design to incorporate a deep keyway to address global sliding stability. The new tank is in a residential neighborhood which limited the overall height of the tank to 24-feet to minimize visibility, requiring tie-down cables between the wall top and roof to address the uplift pressure from the slosh wave.
Vista Irrigation District, 4 Reservoir Evaluations, Vista, CA PSE provided a seismic and structural analysis of four of the District’s reservoirs ranging in capacities from 0.6MG to 1.3MG. Three of the reservoirs are reinforced concrete with wood roofs and constructed in the mid 1920’s. The fourth reservoir is prestressed concrete and constructed in 1978. Our evaluation consisted of a combination of dry and wet inspections of the reservoirs, a full structural analysis based on current code provisions and subsequent recommendations for structural improvements, repairs and/or replacements. PSE’s findings were summarized in a technical report which included respective construction cost estimates.
Santa Fe Irrigation District, Larrick (6.0 MG) Reservoir Assessment, Solana Beach, CA To assist with planning for operation and maintenance of aging infrastructure for the Santa Fe Irrigation District, PSE performed a visual condition assessment of the interior and the exterior above grade portions of the District’s 6.0 MG circular, prestressed, concrete reservoir. The reservoir was designed in 1963, constructed between 1963 and 1965 and has an inside wall diameter and wall height of 220-ft and 22-ft, respectively. The purpose of the assessment was to observe the general structural condition of the reservoir, identify areas of deterioration and/or visible deficiencies, and make recommendations for improvements or repairs with accompanying rough order budget level estimates. Ultimately the report presented to the District provided a plan on when to implement recommendations that could be incorporated into the District’s Master Plan.
City of Garden Grove, Pump & Well Building Evaluations, Garden Grove, CA As part of the City of Garden Grove’s master plan, PSE evaluated multiple pump station facilities spread over 12 sites, including 5 pump/booster station structures and 13 wells structures. Evaluations were in conformance with an ASCE 41 “Seismic Evaluation and Retrofit of Existing Buildings” Tier 1 deficiency screening, which involves rigorous checklists based on the performance objective, hazard level, and type of construction. The screenings were performed considering all structures as Risk Category IV and were based on the review of as-built drawing as well as on-site assessments at each site. Original construction eras for the structures ranged from 1966 to 1997, and the quality and condition of the individual structures varied significantly. PSE provided a report which identified levels of deficiencies and corresponding risks as well as a detailed analysis meeting the ASCE 41 criteria.
Vista Irrigation District, Deodar (1.3 MG) Reservoir Rehabilitation, San Marcos, CA Following the completetion of the evaluation of four of the District's reservoirs, PSE prioritized the prestressed concrete Deodar tank for rehabilitation design based on the team’s findings and recommendations. PSE found the primary structural concern of the Deodar Reservoir to be the condition and design of the roof structure. Based on visual observations, review of historical documents, and structural analysis, it was evident that the current roof system did not meet current code requirements. Our recommendation was replacement of the existing roof with either a column supported or clearspan geodesic dome roof. PSE is currently providing the design of seismic and other improvements to the Deodar Reservoir.
Irvine Ranch Water District, Lake Forest Pump Station, Irvine, CA PSE was contracted as the structural engineer of record for the design of a new recycled water pump station for Irvine Ranch Water District (IRWD). The new building consists of 17’ tall reinforced masonry walls, a 5’ tall parapet, and flat metal deck roof supported by steel roof framing below. In addition to designing the building, PSE also designed retaining walls and foundations for large equipment (tanks and generator) needed for the project. In coordination with the architect and civil, geotechnical, mechanical, and electrical engineers, PSE worked with the project team from preliminary to final design to develop a building that met the Owner’s expectations and provided much needed improvements to IRWD’s distributions system.
City Council Regular Meeting - Page 273 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN
COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
CURRICULUM VITAE – MATTHEW J. JANOUSEK
Supervising Geotechnical Engineer
Southern California Office Manager
Current Address
COTTON, SHIRES AND ASSOCIATES, INC.
699 Hampshire Road, Suite 102
Thousand Oaks, California 91361
Phone: (805) 370‐8710
Email: [email protected]
Registrations
Registered Geotechnical Engineer in California, GE 3005 Registered Professional Civil Engineer in California, PE 73401 Certifications
OSHA 40‐Hour HAZWOPER Certified
Nuclear Gauge/Troxler, No. 2125417
USACE Levee Inspection Trained
Education
M.B.A., California State University, Northridge, 2020
M.S., Geotechnical Engineering, University of California, Los Angeles, California, 2005 B.S., Civil Engineering, Colorado State University, Fort Collins, 2003 Representative Experience
Mr. Janousek is a registered California Professional and Geotechnical Engineer with over 19 years’ experience in geotechnical studies, including subsurface exploration, laboratory testing, engineering analyses and reporting, plan review, and construction observation. He has coordinated field explorations and managed geotechnical studies for water and wastewater pipelines, above‐ground and buried tanks, levees, roadways and retaining walls.
He specifically has public works experience as the project manager and lead geotechnical engineer for design of Bell Canyon Reservoir #3, a study currently being conducted for the County of Ventura’s Water and Sanitation District. He was also the lead geotechnical field engineer during construction of the Harris Reservoir in Thousand Oaks, which was performed for the California Water Company. Mr. Janousek was also the lead field engineer during construction of Camrosa Water District facilities, which included grading and construction of an above‐ground steel tank.
He is also part of CSA’s on‐call emergency response team, which provides services to the cities of Malibu, Rancho Palos Verdes, and Thousand Oaks.
City Council Regular Meeting - Page 274 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN MATTHEW J. JANOUSEK (cont.)
COTTON, SHIRES AND ASSOCIATES, INC.
Professional History
Supervising Geotechnical Engineer, Cotton, Shires and Associates, Inc., 2019 to Present Senior Geotechnical Engineer, Cotton, Shires and Associates, Inc., 2015 to 2018 Project Geotechnical Engineer, Fugro Consultants, Inc., Ventura, CA, 2008 to 2015 Staff Geotechnical Engineer, Kleinfelder, Inc., Diamond Bar, CA, 2005 to 2008 Professional Affiliations
American Public Works Association (APWA), Ventura County Chapter (2008) ‐ Chair, Annual Scholarship Golf Tournament (2016‐2018) American Society of Civil Engineers (ASCE)
MATTHEW J. JANOUSEK (cont.)
COTTON, SHIRES AND ASSOCIATES, INC.
Professional History
Supervising Geotechnical Engineer, Cotton, Shires and Associates, Inc., 2019 to Present Senior Geotechnical Engineer, Cotton, Shires and Associates, Inc., 2015 to 2018 Project Geotechnical Engineer, Fugro Consultants, Inc., Ventura, CA, 2008 to 2015 Staff Geotechnical Engineer, Kleinfelder, Inc., Diamond Bar, CA, 2005 to 2008 Professional Affiliations
American Public Works Association (APWA), Ventura County Chapter (2008) ‐ Chair, Annual Scholarship Golf Tournament (2016‐2018) American Society of Civil Engineers (ASCE)
City Council Regular Meeting - Page 275 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN
GER RY GREEN INC. Con sulting Electrical Engineers
2734 Loker Avenue West | Suite M | Carlsbad | CA 9201 0 | Tel. (619) 962 -2356
GERRY GREEN, PE
Principal Electrical Engineer
EDUCATION
1986-1994 San Diego Mesa College
1995-1997 San Diego State University, Electrical Engineering
PROFESSIONAL EXPERIENCE
California P.E. License E-15691 issued in 1998
Mr. Green is a California registered electrical engineer with over thirty years of electrical design experience in Southern California. He specializes in the design of industrial power systems including electrical and controls systems for water and wastewater facilities. Recent experience is with pump stations, lift stations, wells, and water/wastewater treatment plants. He has performed electrical and control system design, electrical power system studies, and construction support services for several projects in Southern California. Green’s active design involvement in these projects from concept design through construction completion keep him current with design trends and advances in equipment technology.
Examples of recent relevant design project experience are outlined below:
• Rosecrans Booster Pump Station, Buena Park, CA
Booster pump station replacement with (3) 50HP and (2) 150HP pumps. Upgraded electrical utility service, emergency generator, and motor control center with variable frequency drives for pumps, lighting, and general power. Instrumentation and controls system with pressure, flow, and treatment instruments, VFD controls, pump controls, and SCADA PLC w/telemetry • Morro Hills No. 1 and No. 2 Reservoir Repairs, Oceanside, CA Booster pump station replacement with (3) 60HP pumps. Upgraded electrical utility service, emergency generator, packaged pump system with variable frequency drive control panel, lighting and general power. Instrumentation and controls system with pressure, flow, and treatment instruments, and SCADA PLC w/telemetry.
• Fire Mountain Recycled Water Reservoir and Pump Station, Oceanside, CA New 2.2MG Reservoir and Pump Station with (4) 25HP pumps. New electrical utility service, packaged pump system with variable frequency drive control panel, lighting, and general power.
Instrumentation and controls system with pressure, flow, level, and treatment instruments, and SCADA PLC w/telemetry.
• E Reservoir Replacement and Pump Station, Vista, CA
New 2.9MG Reservoir and Pump Station with (6) 50HP pumps. New electrical utility service, power distribution switchboard, separate pump variable frequency drive control panels, lighting and general power. Instrumentation and controls system with pressure, flow, level, and treatment instruments, and SCADA PLC w/telemetry.
City Council Regular Meeting - Page 276 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Gerry Green PE
Pump Station Projects
2734 Loker Avenue West | Suite M | Carlsbad | CA 9201 0 | Tel. (619) 962 -2356 • Pump Station 1090-1 Upgrades, Spring Valley, CA
Pump station upgrade with (3) 60HP pumps. Upgraded electrical utility service, existing emergency generator, motor control center with soft starters, lighting, and general power. Instrumentation and controls system with pressure and flow instruments, pump controls, and SCADA PLC w/telemetry. • Alberhill 1601/1634 Pump Station, Lake Elsinore, CA
New Pump Station with (4) 150HP pumps and (2) 75HP pumps. New electrical utility service, emergency generator, and motor control center with softs starters for pumps, lighting, and general power. Instrumentation and controls system with pressure, flow, and treatment instruments, soft starter pump controls, and SCADA PLC w/telemetry.
• Sommers Bend Hydropneumatic Pump Station, Temecula, CA New Pump Station with (2) 20HP pumps and (1) 75HP pumps. New electrical utility service, emergency generator, and motor control center with softs starters for pumps, lighting, and general power. Instrumentation and controls system with pressure, flow, and treatment instruments, soft starter pump controls, and SCADA PLC w/telemetry.
City Council Regular Meeting - Page 277 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
BS, Environmental Science,
Texas Christian University
CERTIFICATIONS
University of California, San
Diego Specialized Certificate in
CEQA Practice
Annaliese Miller
Project Manager/Environmental Planner
Ms. Miller is responsible for preparing and managing California Environmental Quality Act (CEQA) environmental assessments. She has experience with the preparation and management of Initial Studies and Mitigated Negative Declarations (IS-MNDs) and Environmental Impact Reports (EIRs), as well as technical studies on noise, air quality, and greenhouse gas emissions. She is experienced with the California Emissions Estimator Model (CalEEMod), SoundPlan noise modeling software, and Extech sound level meter operation and computer software. Ms. Miller works on projects across southern California, from Riverside to Santa Barbara, as well as select projects in northern California, for both public and private clients with an emphasis on water infrastructure projects.
SELECT PROJECT EXPERIENCE
Project Manager, Central Basin Municipal Water District – Montebello Hills Recycled Water Pipeline and Pump Station Project Initial Study-Mitigated Negative Declaration, Los Angeles County
Ms. Miller served as Project Manager for the preparation of an IS-MND for a recycled water pipeline and pump station proposed by Central Basin Municipal Water District.
She was responsible for managing internal biological and cultural resources staff, leading weekly status update calls, and attending public meetings. Key issues evaluated in the IS-MND included California coastal gnatcatcher, hazards and hazardous materials, noise, and tribal cultural resources.
Technical Analyst, City of Bell Gardens, John Anson Ford Park Infiltration Cistern Project Initial Study-Mitigated Negative Declaration, Bell Gardens, California Ms. Miller served as one of the lead technical analysts for the IS -MND for the John Anson Ford Park (JAFP) Water Storage Project. Rincon also provided community involvement services to inform the local area of the project and to develop project- specific mitigation measures based upon community concerns regarding construction noise and traffic. This project will construct a diversion structure and subsurface infiltration basin below John Anson Ford Park to capture and recharge dry -weather and storm runoff from a catchment area of 2,295 acres. The project will divert stormflows from an existing stormwater drainage system, install a water treatme nt facility beneath the northerly parking lot, and construct bottomless cisterns beneath the existing baseball field and soccer field.
Project Manager, Metropolitan Water District of Southern California – Garvey Reservoir Rehabilitation Project EIR, Los Angeles County Ms. Miller is currently managing the preparation of an EIR for the Garvey Reservoir Rehabilitation Project in Monterey Park, which will entail relining the reservoir and re-designing the drainage system around the reservoir. In support of the EIR, Rincon is also preparing technical studies related to air quality/greenhouse gas emissions, noise, health risk, and cultural resources and is coordinating preparation of a traffic and VMT analysis through a subconsultant.
City Council Regular Meeting - Page 278 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Annaliese Miller, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Lead CEQA Analyst, Santa Clarita Valley Water Agency – Phase 2B Recycled Water Tank Project Supplemental Initial Study-Mitigated Negative Declaration, Los Angeles County Ms. Miller served as the lead CEQA analyst for the Phase 2B Recycled Water Tank Project Supplemental Initial Study- Mitigated Negative Declaration, which evaluated the potential for minor project design changes to the Original Project evaluated in the 2017 Initial Study-Mitigated Negative Declaration, including a modified project site, the extension of an under-construction recycled water transmission line, the extension of an existing visual berm, and the export of a minor quantity of soil material. Ms. Miller drafted a majority of the Supplemental Initial Study-Mitigated Negative Declaration, which included preparation of the technical air quality, energy, greenhouse gas, and noise modeling for the Modified Project. To streamline the environmental review pr ocess, Ms. Miller drafted concise impact analyses focused on the potential impacts associated with the changes in the proposed project that were not covered in the 2017 Initial Study-Mitigated Negative Declaration.
Project Manager, South Coast Water District – Reservoir 2B Replacement Project IS-MND and Coastal Development Permitting Assistance, Orange County
Ms. Miller is serving as the Project Manager for the preparation of technical studies and an IS-MND as well as providing coastal development permitting for the proposed Reservoir 2B Replacement project, which involves replacing the South Coast Water District’s existing Reservoir 2B with two new reservoirs, which will double the current storage capacity on site in an effort to improve fire flow. Key issu es consist of special status plant and wildlife species (including coastal California gnatcatcher), archaeological and paleontological resources due to the project site’s sensitivity for such resources, noise due to the proximity of nearby residences, and wildfire hazards due to the project site’s location within a Very High Fire Hazard Severity Zone.
Project Manager, Montecito Water District, Reservoir Retrofits Project CEQA Documentation, Santa Barbara County Ms. Miller is serving as the project manager for the preparation of CEQA documentation for the Montecito Water District’s Reservoir Retrofits Project. This project involves seismic retrofits, repairs, and replacements at eight of the District’s existing water storage reservoirs. The District is seeking project funding from the Additional Supplemental Appropriation for Disaster Relief Act program, in which funds are granted by the United States Environmental Protection Agency and administered by the State Water Resources Control Board State Revolving Fu nd. The project would bring all eight reservoirs into compliance with seismic design codes and regulations. The Final IS -MND for the project was adopted in July 2021, and Rincon is currently preparing an Addendum to the Final IS -MND to cover project design changes that have occurred since that time.
Project Manager, City of Pismo Beach – Central Coast Blue CEQA-Plus Environmental Impact Report and Environmental Permitting, San Luis Obispo County
Ms. Miller is serving as Project Manager for the preparation of a CEQA-Plus EIR for this multi-jurisdictional indirect potable reuse project intended to develop a seawater intrusion barrier for the Santa Maria Groundwater Basin and includes an advanced treatment facility, injection wells, monitoring wells, a new production well, and water distribution and agricultural irrigation pipelines located in Grover Beach and unincorporated San Luis Obispo County .
Key issues in the EIR included cultural resources, California red-legged frog, discharge of reverse osmosis concentrate, recreation, and growth inducement. The Final EIR was certified by the City of Pismo Beach in February 2021 and the project was approved in March 2021. Ms. Miller will oversee the environmental permitting for t he project, including obtaining coastal development permits from both the City of Grover Beach and the County of San Luis Obispo, a United States Army Corps of Engineers Section 404 Permit, a Regional Water Quality Control Board Section 401 Water Quality Certification, a California Department of Fish and Wildlife Section 1602 Lake and Streambed Alternation Agreement, and consultation with the United States Fish and Wildlife Service.
City Council Regular Meeting - Page 279 of 472
PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
PhD, Resource Ecology &
Management, School of
Natural Resources &
Environment, University of
Michigan
MA, Geography, Boston
University
BA, Economics, Johns Hopkins
University
AFFILIATIONS
Association of Environmental
Professionals
WateReuse Association, Los
Angeles Chapter, Membership
Committee
Association of California Water
Agencies
Association of Women in
Water, Energy, and
Environment
Women in Environment
Jennifer Jacobus, PhD
Director In Charge
Dr. Jennifer Jacobus has 20 years of professional experience and a reputation for customer service and client satisfaction. Jennifer focuses exclusively on water and wastewater clients and projects throughout California, delivering a diverse array of environmental services to meet the unique needs of each district and community.
Jennifer manages on-call contracts and has a successful record of completion of CEQA/NEPA documents, natural resource permits, regulatory processes, and funding applications spanning a broad spectrum of projects that range from treatment plants and distribution systems, potable reuse and recycled water projects, to groundwater management, reservoir storage, water rights and surface water diversion projects. As a scientist with foundational training in ecology and resource management, Jennifer has a keen ability to communicate with technical teams to ensure appropriate and relevant analyses across all disciplines. Jennifer also has experience working with engineering design teams, to understand project features and operational criteria, and transcribe technical specifications into language that is accessible to the public for CEQA/NEPA documents.
SELECT PROJECT EXPERIENCE
Project Director, Eastern Municipal Water District (EMWD) – Goetz Road Potable Water Storage Tank and Transmission Pipeline Project EIR, Perris The Goetz Road project includes construction and operation of an 8 -million-gallon potable water storage tank, a chlorination disinfection facility, and associated transmission pipeline. These facilities address several storage deficiencies in EMWD’s 1627 pressure zone and make water supply more reliable. Jennifer provided strategic guidance and quality assurance for the CEQA and technical teams, which developed alternative pipeline alignments to be considered in the EIR and provided technical constraints analysis for biological and cultural resources. In addition, in response to community concerns about the location of the proposed s torage tank adjacent to residential land uses, the EIR included visual simulations and a shade/shadow analysis.
Project Manager, Los Angeles County Department of Public Works Waterworks Division No. 40 (LACWWD40) – Antelope Valley Regional Recycled Water Project Phase 2 MND/EA, Palmdale
The Antelope Valley Regional Recycled Water Project is a backbone recycled water pipeline system in and around the city of Palmdale. The Regional Project was sponsored by LACWWD40 and seven other regional water/wastewater partner agencies, including Los Angeles County Sanitation Districts. Phase 2 included a portion of the regional backbone system primarily within the City of Palmdale, including pipelines and storage tanks. Jennifer managed the preparation of an Initial Study to support an MND/EA for Phase 2, tiering from the Program EIR for the overall Project. LACWWD40 received funding from USEPA; Jennifer coordinated with USEPA to prepare a joint MND/EA to fulfill NEPA funding requirements.
Project Manager, Irvine Ranch Water District (IRWD) – Battery Storage Facilities, Notices of Exemption, Orange County
As a part of an on-call contract to provide CEQA and NEPA documentation, Jennifer prepared four Notices of Exemption for the installation of battery storage systems at various IRWD facilities in Santa Ana, Tustin, and Irvine, including Demand Response Energy Storage and Demand Charge Management systems.
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PROPOSAL FOR CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT
FOR WATER STORAGE RESERVOIR NO. 2 AND BOOSTER STATION DESIGN Jennifer Jacobus, PhD, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Project Director, EMWD – San Jacinto Valley Raw Water Facilities IS/MND, San Jacinto The San Jacinto Valley Raw Water Facilities are part of EMWD’s Enhanced Recharge and Recovery Project (ERRP), which will enhance current and future water supplies by recharging raw (unfiltered) water imported from the State Water Project into the local groundwater aquifer. The Raw Water Facilities will increase the delivery capacity of replenishment water to the existing Mountain Avenue recharge basin sites and the IRRP ponds within the San Jacinto River. The Raw Water Facilities connect to Metropolitan’s existing Inland F eeder System Eastside Pipeline and include a flow control facility, chlorination treatment facility, and 2.5 miles of 60 -inch diameter transmission pipeline within the public right-of-way of Esplanade Avenue in San Jacinto. As part of on -call services to EMWD, Jennifer provided oversight and quality control of the CEQA team, including technical analyses for biological and cultural resources.
Project Manager, Palmdale Water District (PWD) – Water System Master Plan PEIR, Palmdale PWD’s 2016 Water System Master Plan will construct water system improvements throughout the 47 -square-mile PWD service area to meet its potable water system current and future needs. The Master Plan identifies exi sting system deficiencies that need to be corrected as well as future facilities to be implemented in the near term and long term, including up to 133 miles of 6-inch- to 24-inch-diameter pipeline that needs to be replaced or upgraded, as well as new pump stations and storage tanks. The PEIR was certified in 2018. Jennifer managed the CEQA process for the EIR and worked with PWD to develop the scope and approach to the technical studies for biological and cultural resources.
Project Manager, Palmdale Recycled Water Authority – Recycled Water Master Plan IS/MND, Palmdale The Recycled Water Master Plan phases in delivery of recycled water throughout the City of Palmdale and Palmdale Water District. The Master Plan includes miles of new pipelines and multiple pump stations to bring water to various end uses, primarily irrigation for parks and schools as well as potential future sites for groundwater recharge. Jennifer managed the technical teams and CEQA process, resulting is successful adoption of t he IS/MND. Subsequently, Jennifer supported the PRWA with an application for funding through the State Revolving Fund for Phase 2 of the Plan, communicating with the State Water Resources Control Board to ensure the environmental documentation met all State Board requirements.
Project Manager, Eastern Municipal Water District (EMWD) – San Jacinto Valley Groundwater Banking, Enhanced Recharge and Recovery Project (ERRP) Program EIR, San Jacinto The ERRP is developing groundwater banking facilities in the San Jacinto Gr oundwater Basin. The ERRP will deliver imported water to four new recharge sites, and includes new extraction and monitoring wells, treatment/blending and disinfection facilities, and conveyance systems to deliver the potable water supplies throughout EMWD ’s service area. The ERRP anticipates groundwater extraction of up to 30,000 AFY and a target storage capacity of up to 90,000 AF. The PEIR identified components of the ERRP that would be built first and evaluated those components at a project - level under CEQA. The PEIR was supported by technical reports for biological resources, cultural resources, air quality, and greenhouse gas emissions. Jennifer provided institutional knowledge to EMWD when multiple staff departures occurred during the CEQA process, allowing the consultant team to provide the consistency required to keep the project on track and on schedule.
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Arroyo Grande/Corporate Office
530 Paulding Circle, Ste. B
Arroyo Grande, CA 93420
Bakersfield
1800 21st St., Ste. C
Bakersfield, CA 93301
Fresno
8405 North Fresno St., Ste. 120
Fresno, CA 93720
Irvine
16310 Bake Parkway
Irvine, CA 92618
Oceanside
702 Civic Center Dr., Ste.104
Oceanside, CA 92054
Santa Clarita
23942 Lyons Ave., Ste. 215
Newhall, CA 91321
Ventura
121 North Fir St., Ste. G
Ventura, CA 93001
City Council Regular Meeting - Page 282 of 472
Agenda Item # 16.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
Lorry Hempe, Public Works Special Projects Manager
SUBJECT:
APPROVAL OF AN AGREEMENT WITH MUNIENVIRONMENTAL TO PROVIDE
SOLID WASTE MANAGEMENT TECHNICAL SUPPORT
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT BETWEEN THE CITY OF
LYNWOOD AND MUNIENVIRONMENTAL TO PROVIDE SOLID WASTE MANAGEMENT TECHNICAL SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 ANNUALLY.”
Background:
Since the State enacted the California Integrated Waste Management Act of 1989 (AB 939), there has been additional mandates from the State expanding responsibilities of local governments to comply with waste reduction and recycling. In 2011, the State, under Assembly Bill (AB) 341, required a business that generates four cubic yards or more of commercial solid waste per week or a multifamily residential dwelling of five units or more to arrange for recycling services. In 2014, the State, under AB 1826, required businesses to recycle their organic waste.
This law also required that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units. Multifamily dwellings are not required to have a food waste diversion program under AB 1826. In 2016, the State enacted Senate Bill (SB) 1383, to reduce organic waste disposal by 75% by 2025 and to rescue at least 20% of currently disposed surplus food by 2025.
SB 1383 imposed extensive requirements on jurisdictions:
Starting in 2022, all jurisdictions will need to provide organic waste collection services to all residents and businesses and recycle these organic materials using recycling facilities such as: anaerobic digestion facilities that create biofuel and electricity, and/or composting facilities that make soil amendments.
Jurisdictions are now required to use products made from recycled organic material, such as renewable energy, compost, and mulch.
Jurisdictions must establish food recovery programs and strengthen their existing food recovery networks.
Jurisdictions are required to provide estimated organic waste disposal within the jurisdiction, identify the amount of existing capacity, located both in the county and outside the county, estimate the amount of new or expanded capacity needed, consult with various entities throughout the planning process and submit an implementation schedule to California Department of Resources Recycling and Recovery (CalRecycle) City Council Regular Meeting - Page 283 of 472
when they lack capacity.
Jurisdictions are required to implement an inspection and enforcement program to ensure organic waste generators comply with the requirements and evaluate edible food recovery, CAL Green Building Standards and Water Efficient Landscape program requirements.
CalRecycle has the authority to issue Notice of Violation (NOV) to jurisdiction for being non-compliant. It can place a jurisdiction on a Corrective Action Plan (CAP). CalRecycle can impose administrative civil penalties if a jurisdiction fails to comply with the NOV or CAP. Under SB 1383, Good Faith Effort is no longer applicable. SB 1383 requires a jurisdiction to demonstrate compliance with each prescriptive standard.
Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply (NOIC) through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.
On February 1, 2022, the City Council consented to
the submittal of Notification of Intent to Comply pursuant to SB 619 (Resolution NO. 2022.019).
On April 1, 2022,
CalRecycle approved the City’s NOIC. This provided a relief to the City to avoid penalties in 2022.
On November 16, 2021, the City Council approved an Amended and Restated Franchise Agreement with Waste Resources, Inc. (WRI). Included in the restated agreement are provisions for SB 1383 compliance.
Discussion and Analysis:
SB 1383 imposed significant requirements on jurisdictions. In February 2022, the City added to the Lynwood Municipal Code the “Mandatory Organic Waste Disposal Reduction”. This ordinance established requirements for organics recycling on impacted entities as well as enforcement mechanism for compliance with SB 1383.
Included in the adopted FY23 Budget for Public Works Department’s Sanitation Division is the use of consultant(s) to assist staff with SB 1383 compliance as well as compliance with AB 1826 and AB 341. Public Works Department needs assistance in rolling out programs in such areas as: 1) public education & outreach, 2) waivers, 3) edible food recover, 4) mandatory recycling for multi-family and commercial, 5) construction and demolition debris tracking, 6) compliance with diversion standards, 7) franchise compliance and quality control, 8) solid waste facilities report monitoring, 9) regulatory reporting requirements, 10) grants, 11) procurement, and 12) general waste program support.
MuniEnvironmental has assisted the City with negotiations with the City’s hauler, coordinating the roll-out of the AB 1826 commercial organic waste recycling, and waste and recycling rate setting. Recently, they have also assisted staff with the SB 1383 grant submittal, and submittal of the capacity planning to the County. MuniEnvironmental has the capacity to provide services immediately. This will help the City be in compliance with SB 1383, AB 341 and AB 1826. Given the robust responsibilities that WRI will need to take on as it relates to SB 1383, MuniEnvironmental can provide the necessary oversight to ensure that WRI is meeting its obligations under the restated agreement.
SB 619 relief from penalties will end in 2022. The City needs to ensure that all SB 1383 related programs are rolled out to demonstrate to CalRecycle the City’s compliance. MuniEnvironmental is familiar with the City’s waste management services. They can provide the necessary staff augmentation needed and technical expertise. They can represent the City with CalRecycle, County Sanitation Districts and the City’s hauler.
If at a later time, the City decides to reduce MuniEnvironmental’s services or hire additional staff, the City under the proposed Agreement (Exhibit A) can reduce services or terminate the Agreement with just a ten-day notice without cause.
Lynwood Municipal Code Section 6-3.13(a)(3)-Exception to Bidding Process By Way of An Alternate Procedure
Pursuant to the Lynwood Municipal Code Section 6-3.9 (e), staff should utilize the Request for Proposals or Qualification process for contracts over $25,000. Lynwood Municipal Code Section 6-3.13(a)(3) allows for an exception to the formal bidding process if the City Council finds by resolution adopted by not less than four-fifths of its members that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure.
Staff recommends obtaining professional consulting services from MuniEnvironmental through an alternate procedure. Such acquisition of services is more economical and efficiently effected by this alternate procedure.
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The City has less than 4 months to comply with SB 1383. Conducting an RFP or RFQ takes 2-3 months, thus resulting in a delay in compliance.
Fiscal Impact:
No additional appropriation is needed. Included in the FY23 approved Budget is consulting services needed to comply with SB1383 and other State mandates pursuant to waste reduction and recycling.
Coordinated With:
City Attorney’s Office
Finance Department
ATTACHMENTS:
Description
Resolution
Exhibit A- Proposed Agreement with MuniEnvironmental
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1 RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND MUNIENVIRONMENTAL
TO PROVIDE SOLID WASTE MANAGEMENT TECHNICAL SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 ANNUALLY BY WAY OF A 4/5THS VOTE OF
ITS MEMBERS TO ALLOW FOR AN EXCEPTION TO THE FORMAL BIDDING
PROCESS
WHEREAS, over the years, CalRecycle has imposed unfunded mandates onto cities and counties to divert waste from the landfill and to reduce GHG emissions; and
WHEREAS, in 2016, the Governor signed into law S enate Bill (SB) 1383 establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants; and
WHEREAS, SB1383 imposes certain collection and processing, edible recovery, and procurement requirements onto cities and counties; and
WHEREAS, MuniEnvironmental has assisted the City with negotiations with the City’s hauler, coordinating the roll-out of the Assembly Bill (AB) 1826 commercial organic waste recycling, waste and recycling rate setting, SB 1383 grant submittal, and submittal of the capacity planning to the County to name a few; and
WHEREAS, MuniEnvironmental has the capacity and technical ability to provide services immediately to comply with SB 1383; and
WHEREAS, Lynwood Municipal Code Section 6-3.13(a)(3) allows for an exception to the formal bidding process or request for proposal or qualification process if the City Council finds by resolution adopted by n ot less than four-fifths of its members that such an acquisition may be more economically and efficiently effected through th e use of an alternate procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. That the City Council approves an Agreement with MuniEnvironmental in a form approved by the City Attorney. The City Council authorizes the Mayor to execute said Agreement with MuniEnvironmental and to execute th is Resolution for and on behalf of the City of Lynwood.
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2 Section 3. That the City Council by at least 4/5 of its members finds that obtaining immediate technical services to comply with State mandates on waste management and recycling without a competitive bidding process is more economical and more efficiently effected by this procedure.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.
PASSED, APPROVED and ADOPTED this 20th day of September 2022.
________________________________
Jorge Casanova, Mayor
ATTEST:
__________________________ _________________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia Julian Lee
City Attorney Director of Public Works
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3 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20th day of September 20 22, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Maria Quiñónez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of September 2022.
________________________
Maria Quiñónez, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of September 20, 2022, by and between the City of Lynwood, a municipal corporation ("City") and__MuniEvironmental_ (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide solid waste management and technical support services as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement . This Agreement shall be for a term of three (3) years, commencing on October 1, 2022 (the “Commencement Date”) and terminating on June 30, 2025, (the “Termination Date”), unless sooner terminated pursuant to the provisions of this Agreement. On or before fifteen (15) days prior to the Termination Date, Consultant and City shall meet to discuss this Agreement and its possible extension or modification.
In the event Parties do not enter into a new agreement prior to the Termination Date, this Agreement shall continue on a month to month-to-month basis under the same terms for a period not to exceed three (3) months following the Termination Date. If the parties execute no new agreement by the end of the three-month period following the Termination Date, this Agreement shall terminate at the end of such three-month period.
3. Compensation .
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Fifty Thousand Dollars annually ($150,000).
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C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions . The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses .
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
Company
MuniEnvironmental
PO Box 12468
Costa Mesa, CA 92627
Attn: Jeff A. Duhamel
6. Exhibits . All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Jorge Casanova, Mayor Date
CONSULTANT
MuniEnvironmental
By: _______________________________ ________________________ Jeff A. Duhamel, President Date
ATTEST:
By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
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EXHIBIT A
SCOPE OF WORK AND COMPENSATION SCHEDULE
Scope of Work and Compensation Schedule shall be the tasks and costs identified under the September 7, 2022 Proposal from Consultant. City Manager may assign other tasks or modify tasks as needed. The City Manager may reduce tasks or may request for additional services as needed.
The Total Payment shall not exceed $150,000 annually.
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September 7, 2022
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September 7, 2022
Julian Lee
Director of Public Works
Public Works Department
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
RE: PROPOSAL FOR SOLID WASTE PROGRAM TECHNICAL SUPPORT
Dear Mr. Lee:
MuniEnvironmental (MUNI), a dvisors to local government on solid waste policy and practice for over 20 years, is grateful for this opportunity to be of continued service to the City of Lynwood (City) and we are pleased to present this Proposal for Solid Waste Program Technical Support (Proposal).
As our Legislature continues to impose new solid waste mandates carrying severe penalties for non- compliance—case-in-point, SB 1383—it has become the norm for cities to enlist solid waste professionals to aid with the task of monitoring solid w aste services. This ensures that all regulatory requirements under CalRecycle are being met and upheld by the responsible parties, which would include the franchised waste hauler—Waste Resources, Inc. (WRI), now operating under an Amended and Restated Franchise Agreement with significantly greater and more critical performance obligations, as well as all residential and commercial waste generators, both individually and collectively.
SB 1383 radically alters solid waste collection protocols while raising perform ance hurdles; compliance is measured by word and deed. Good faith efforts are now essential to the City’s success rate.
It would be an honor to serve the City of Lynwood in this expanded support capacity and it is the purpose of this Proposal to outline a scope-of-service that would offer the critical assistance needed at this time, ensuring that the City steers clear of significant potential liability with the State of California.
Lastly, as indicated in Section 5, MUNI has extended a 10% discount on all hourly rates across-the-board as a gesture of appreciation for the opportunity to be of continued service to the City of Lynwood.
Once you have reviewed our Proposal, please be so kind as to let me know when you might have a moment to meet and discuss your thoughts on this important topic.
I look forward to hearing from you.
Respectfully,
Jeff A. Duhamel
President/Principal Consultant
[email protected]
Cell: (562) 754-1609
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TABLE OF CONTENTS
1. BACKGROUND ........................................................................................................................................1 a. CalRecycle Regulations under SB 1383 & AB 341 ............................................................................1 b. MuniEnvironmental, LLC ...................................................................................................................1 c. SB 1383 Local Assistance Grant Program .........................................................................................1
2. SCOPE-OF-SERVICE ..............................................................................................................................2 a. Tasks and Deliverables .........................................................................................................................2 Task 1: Public Education & Outreach – (Estimated Hours: 153) ......................................................2 Task 2: Waivers – (Estimated Hours: 78)..........................................................................................2 Task 3: Edible Food Recovery – (Estimated Hours: 114) ..................................................................3 Task 4: Mandatory Commercial Recycling under AB 341 – (Estimated Hours: 96) .........................3 Task 5: C&D Debris Recycling Program Administration – (Estimated Hours: 78) ..........................3 Task 6: Compliance with Diversion Standards – (Estimated Hours: 102) .........................................4 Task 7: Franchise Compliance/Quality Control – (Estimated Hours: 242) ........................................4 Task 8: Solid Waste Facilities Report Monitoring – (Estimated Hours: 42) ......................................5 Task 9: Regulatory Reporting Requirements – (Estimated Hours: 40) ..............................................5 Task 10: Grant Notices & Advisory – (Estimated Hours: 27) ...........................................................6 Task 11: Procurement of Recovered Products – (Estimated Hours: 39) ............................................6 Task 12: CalRecycle & Regional Agency Liaison – (Estimated Hours: 36) .....................................6 Task 13: General Solid Waste Program Support – (Estimated Hours: 36) ........................................7 b. Resource Management .........................................................................................................................7
3. PROJECT MANAGER – Stephen Howe/Senior Consultant ..................................................................7
4. PLEDGE OF CONTINUITY ...................................................................................................................8
5. PROFESSIONAL SERVICES AGREEMENT ......................................................................................8 a. Term.......................................................................................................................................................8 b. Fees.........................................................................................................................................................8
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1. BACKGROUND
a. CalRecycle Regulations under SB 1383 & AB 341
January 1, 2022 was the first mandatory performance deadline under SB 1383 (Short Lived Climate Pollutants [14 CCR § 18981.1]), which was based on the initial 50% recovery standard and included potential fines/penalties for non-compliance. However, due to the economic fallout from COVID-19, these fines/penalties may be provisionally polled for up to 12 months pursuant to SB 619. Preliminary deadlines aside, this legislation imposes new and heightened recovery, reporting, and public education/outreach protocols that are transformative and permanent. On January 1, 2025, the standard for organic waste recovery citywide increases to 75%.
In addition, AB 341 ( Mandatory Commercial Recycling [14 CCR § 18835]) , remains in full force and effect, requiring any business that generates four (4) cubic yards or more of commercial solid waste per week, to recycle their waste; and, that jurisdictions implement a commercial solid waste recycling program that consists of education, outreach, and monitoring, designed to divert commercial solid waste, whether or not it has met the 2020 citywide diversion requirements, pursuant to PRC Section 41780.
Failure to abide by these laws would place the City at risk of financial liability with the State of California.
In response to the se obligations , Lynwood approved an Amended and Restated Franchise Agreement , effective 12/1/21, with Waste Resources, Inc. (WRI) that establishes a restructured, multi-phased pricing strategy bound to escalating performance obligations on the part of WRI as the City’s franchisee to ensure that the City achieves full regulatory compliance with said laws.
The imperative task-at-hand is to ensure that all new programs and services are successfully implemented, then continually monitored to effectively safeguard the City from substantial potential liabilities.
b. MuniEnvironmental, LLC
MuniEnvironmental, LLC (MUNI) is well suited to efficiently and cost- effectively perform the recurring tasks and deliverables required at this time, ensuring that the City meets its obligations.
As the information contained in this Proposal would attest, our team members are skillful and prepared to provide ongoing assistance to the City in the areas of solid waste franchise compliance and rate justification, SB 1383 & AB 341 Program administration and monitoring—including commercial recycling; edible food recovery; waivers; EPPP procurement policies; and capacity planning; as well as preparedness for future legislation; CalRecycle liaison and record keeping/reporting (e.g. Quarterlies/EARs); grant advisory; and Public Education/Outreach.
c. SB 1383 Local Assistance Grant Program
MUNI was instrumental during CalRecycle’s recent funding cycle for 2021/2022, by securing a grant for the City of Lynwood in the amount of $99,511, which can be appropriated for administrative/technical functions pertaining to SB 1383 Program Implementation.
LEFT BLANK
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2. SCOPE-OF-SERVICE
a. Tasks and Deliverables
MUNI shall appropriate all personnel, materials, and resources necessary to fulfill the obligations arising hereof timely and within budget, using industry best practices, and is prep ared to immediately assume responsibility for the functions enumerated below, which include an estimate of the hours required to perform each of the respective tasks during the implementation phase (10/1/22 – 6/30/22). Subsequent years would require fewer hours, as reflected in the Estimated Fee Schedules contained in Section 5.
SUMMARY OF PRIMARY TASKS AND ESTIMATED HOURS
Task 1: Public Education & Outreach – (Estimated Hours: 153)
The first order of business must be opening an express channel of communication with all solid waste service customers regarding mandatory programs and services under SB 1383.
MUNI will assist in e ffectuating all pending and future aspects of the City’s planned SB 1383 Public Education and O utreach program for commercial businesses, multi -family properties, and single family residents. In close coordination with the City and WRI MUNI will assist in implement SB 1383 Education and Outreach utilizing multiple platforms to ensure maximum messaging and reach at all properties within the City.
At the direction of the City, supplement the above plan as follows:
o Prepare additional outreach materials regarding implementation of mandatory organic collection services for distribution through bill inserts, flyers, newsletters, website, and social media; o Provide suggested content and updates to the City’s website as needed; o Provide direct technical assistance upon request to businesses and homeowners associations, including site visits and targeted outreach materials.
In addition, MUNI will assist the City with conducting public events, workshops, webinars, and community meetings to educate the public concerning SB 1383 compliance.
Task 2: Waivers – (Estimated Hours: 78)
Pursuant to 14 CCR Section 18984.1, the City may grant three types of waivers to generators of organic waste, two of which are immediately applicable in the City of Lynwood: 1) De Minimis Waivers; and 2) Physical Space Waivers. The statutory arbiter of granting such waivers is the City. However, MUNI would be pleased to serve as the program coordinator.
Qualified applications for waivers received preliminarily by WRI, or directly by the City, would be verified and evaluated by MUNI based on minimum criteria, and a report rendered containing a site assessment and recommendations for the City’s review and determination to grant or deny the waiver.
To facilitate waiver reverification, which must be performed at least once every five (5) years, MUNI would maintain a secondary database to store the relevant program records to be updated and/or modified at said intervals.
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Ta
sk 3: Edible Food Recovery – (Estimated Hours: 114)
SB 1383 seeks to increase by twenty percent (20%) the recovery of currently disposed edible food for human consumption by January 1, 2025, requiring that all jurisdictions in California establish and monitor a robust food recovery program targeting this goal.
It is imperative that certain actions be initiated at this time to ensure the City achieves full compliance in time for the deadline; such actions would include the following:
o Contact Tier 1 & Tier 2 Edible Food Generators to create a list of those particular food waste generators targeted for higher recovery standards under CalRecycle Regulation; o Review Tier 1 & Tier 2 Generator Compliance;
o Assist Tier 1 & Tier 2 Generators with Donation Programs under Contract; o Draft Tier 1 & Tier 2 Outreach and Compliance Reports.
In addition, tracking of Tier 1 and Tier 2 program activities and compliance shall be ongoing, while a list of Food Recovery Organizations will be compiled and maintained for posting on the City’s website.
Task 4: Mandatory Commercial Recycling under AB 341 – (Estimated Hours: 96)
It is very clear on the CalRecycle website that if a jurisdiction is found to not have made a good-faith effort in implementing its programs, including its mandatory commercial recycling program , “CalRecycle can place the jurisdiction on a compliance order as part of the AB 939 review, and if it fails to adequately meet the conditions of the compliance order, then CalRecycle could consider a penalty hearing”.
Although SB 1383 has garnered much of our attention, compliance with AB 341 remains a pressing concern. MUNI will ascertain current status, then realign immediate practices as needed to envelop the prescribed obligations for education, outreach, and monito ring, which would then be monitored regularly to ensure compliance remains intact going forward.
Task 5: C&D Debris Recycling Program Administration – (Estimated Hours: 78)
Section 5.408.1 of California’s Green Building Standards Code (aka. CALGreen) requires at least 65 percent of the nonhazardous construction and demolition (C&D) waste generated during “new construction” projects be recycled and/or salvaged for reuse.
MUNI has developed and implemented successful C&D Recycling Programs and internal pr ocesses for other client cities, including the cities of Industry and Santa Fe Springs. These programs are now administered by MUNI.
It is recommended that the City of Lynwood adopt a C&D recycling program in the near future; and MUNI is prepared to confi gure such a program for the City’s consideration (this may necessitate an Ordinance updating the Lynwood Municipal Code).
Once adopted, MUNI would perform the following support functions:
o Assist City staff with monitoring and compliance of the C&D program;
o Provide technical assistance to Contractors regarding c ompliance with C&D requirements;
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o Review all C&D forms for compliance with program requirements and advise City staff on enforcement for non-compliance;
o Compile all waste disposal data reported during the construction process to ensure that the 65% diversion standard has been met. Maintain compilation of said data for incorporation into CalRecycle’s Electronic Annual Report (EAR).
Task 6: Compliance with Diversion Standards – (Estimated Hours: 102)
State regulation (14 CCR Section 18995.1) sets forth manifold procedures for jurisdictions to adopt that are structured to ensure compliance with the rigorous standards of SB 1383, such as Generator Compliance Reviews as well as annual Route Reviews, yielding important service data and metrics to gauge program reception and efficacy, which MUNI would evaluate and catalog accordingly.
Moreover, within CalRecycle guidelines, Section 7 of t he Amended and Restated Franchise Agreement charges WRI with performing a host of duties integral to achieving and maintaining program compliance, including, but not limited to, the following:
o Inspection and Enforcement of SB 1383 Programs
SB1383 Regulations (14 CCR Section 18995.1) define minimum inspection requirements for Jurisdictions. Although the authority to impose civil penalties cannot be delegated to a private entity, certain lesser functions, such as surveying site data and waste output, are assignable to the franchised waste hauler, as is the case with WRI.
As due diligence on behalf of the City, MUNI will continually analyze, and track program data compiled by WRI to identify trends and/or any actionable incidences warranting the City’s intervention to guarantee a legally accep table disposition. Monthly reports would be generated and stored electronically containing MUNI’s findings over each preceding 30 day period as verification of the City’s compliance with all CalRecycle regulations.
o Contamination Monitoring of Source-Separated Waste (Refuse, Recyclables, Organics)
WRI is required to implement a comprehensive inspection method in compliance with the requirements of SB 1383 (14 CCR Section 18984.5), to identify Prohibited Container Contaminants , which must include notices-of-violation, enforcement measures, record keeping, and much more.
MUNI will perform reviews of the ongoing results of this critical operational function for the purposes of CalRecycle documentation, as well remedial action, as needed. This valuable data should serve as a broad performance metric to gauge success and the overall efficacy of the City’s solid waste recovery programs.
Task 7: Franchise Compliance/Quality Control – (Estimated Hours: 242)
The Amended and Restated Franchise Agreement with WRI establishes minimum performance criteria pursuant to the service protocols of SB 1383, as c odified, compliance with AB 341, as well adherence to the highest standards for the delivery of all contractual services, specifically requiring deviations in performance be documented in a computer database log (§7.6.11.1 Documentation of Complaints), categorizing complaints under A) General, and B) SB 1383 Regulatory Non-Compliance , consistent with applicable regulations.
MUNI will analyze and track these reports continually to identify trends and/or any actionable incidences warranting the City’s intervention to remedy program shortfalls and achieve a sustainable resolution.
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M
onthly reports would be generated and stored electronically containing MUNI’s findings over each preceding 30 day period, offering valuable information to the City as to service quality, as well as verification of the City’s compliance with CalRecycle regulations.
Due to the nature of solid waste services as vital to the public health and safety, as well as the extreme risks and potential hazards/liabilities inherent when heavy equipment comes in potential contact with the public, it is also crucial to exercise extreme vigilance over all other areas of performance, beyond customer satisfaction. The Franchise Agreement addresses such exposures to the greatest extent possible. One such example is the City’s right to perform random truck and equipment safety inspections, as well as myriad other such mechanisms intended to uphold the highest standards of performance and safety.
Solid Waste disposal and processing facilities permissible for use under the Franchise will be vetted to verify permitted capacity and recovery capabilities pursuant to standards for CalRecycle/SWIS approved facilities that qualify for diversion under applicable CalRecycle regulation.
To assure that all financial, operational, safety, and performance obligations arising out of the Solid Waste Franchise are reliably fulfilled and upheld without interruption o r lapse, MUNI proposes to conduct quarterly performance reviews with WRI and the City to discuss service and program related issues, service complaints, and other timely, relevant topics. M eetings, as such, would be instrumental over the next 36 months as services are ramped up to meet SB 1383’s higher recovery rate of 75%, effective January 1, 2025; and, minutes from each meeting would be filed safely for future reference.
Task 8: Solid Waste Facilities Report Monitoring
– (Estimated Hours: 42)
MUNI will examine all disposal/diversion reports to identify discrepancies and/or false entries of solid waste disposal misreported by third parties and charged against the City’s diversion levels.
Duties would encompass the following:
o Review the Los Angeles County Solid Waste Disposal Report, and other applicable landfill reports , containing data of disposal tonnages for the City of Lynwood; o Reconcile these reports a gainst WRI’s reported disposal tonnages; then, work collaboratively with WRI to correct any such discrepancies;
o Compare tonnage s from the CalRecycle RDRS database to identify discrepancies, variances, or anomalies reflecting misreported third party disposal for Lynwood; take corrective action.
Task 9: Regulatory Reporting Requirements – (Estimated Hours: 40)
MUNI will assume responsibility for the City’s recurring reporting obligations, as following:
o Prepare and file all reports, and documentation required by CalRecycle, Los Angeles County Department of Public Works, and other applicable agencies including, but not limited to, the Electronic Annual Report (EAR), and SB 1383 annual jurisdiction report; o In preparation for the EAR, review WRI’s quarterly diversion reports to identify any possible discrepancies requiring attention and correct same timely; o Prepare and file all reports, and documentation required for grant programs in which the City participates, including, but not limited to, the Used Oil Payment Program Expenditure Report, City/County Payment Program Expenditure Report, and Household Hazardous Waste Form 303.
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Task 10: Grant Notices & Advisory – (Estimated Hours: 27)
MUNI will provide the following assistance to seize any such funding opportunities whenever and wherever available:
o Monitor and advise City staff on grant cycles and other applicable grant opportunities; o As directed, prepare grant applications on behalf of the City; o Upon grant award, a dvise staff on compliance with terms and conditions of funding, and facilitate preparation of required reports;
o Provide assistance with ongoing grant programs, including Used Oil Payment Program; City/County Payment Program ; Household Hazardous Waste Program ; and SB 1383 Local Assistance Grant Program.
Task 11: Procurement of Recovered Products – (Estimated Hours: 39) Effective January 1, 2022, cities and counties became legally bound to procure recovered organic waste products to meet an annual procurement target. CalRecycle assign s an annual procurement target based on population, extending the latitude for jurisdictions to reach these targets by procuring any combination of approved organic waste products , including Compost, Mulch, Renewable Natural Gas (RNG), and Electricity from biomass conversion.
Due to supply shortages, compost and mulch remain the most readily available products at this time. RNG remains a viable alternative once the infrastructure exists to balance supply and demand.
Using CalRecycle’s P rocurement Calculator Tool, Lynwood’s target for the period of 1/1/22, through 12/31/26, is 3,095.9 tons of compost per year —258 tons per month. Citing CalRecycle, “Jurisdictions can meet their procurement requirement by contracting with a service provider that uses recovered organic waste products, like compost or renewable natural gas, on behalf of the jurisdiction…”.
Procurement targets are also subject to adjustment pursuant to 14 CCR § 189 93.1(j), in the event that a target exceeds historical usage patterns. MUNI will expeditiously assess the variables unique to Lynwood to determine the most practical and sustainable program parameters, then present options to the City for its consideration and approval.
Once the program is approved and procurement begins, MUNI will provide program oversight to ensure that parameters are periodically recalibrated as warranted.
Task 12: CalRecycle & Regional Agency Liaison – (Estimated Hours: 36)
As directed, MUNI would provide auxiliary representation for the City of Lynwood, as follows:
o Serve as alternate liaison to CalRecycle, Los Angeles County Department of Public Works, and other applicable agencies on behalf of City;
o Attend and/or participate in all meetings between the City and CalRecycle or other governmental agencies, including the mandatory, quarterly site visits conducted by CalRecycle; advise City staff on pertinent issues and follow-up action;
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Ta
sk 13: General Solid Waste Program Support – (Estimated Hours: 36)
At no predetermined frequency, MUNI shall provide the following additional support:
o Meet and/or confer regularly with City Staff to provide technical assistance and guidance on any issues related to solid waste, recycling, and organics;
o Offer guidance on pending State legislation and regulation pertaining to all aspects of municipal solid waste policy;
o Assist in the preparation of Staff Reports and supporting documentation as directed;
o Attend City Council meetings and community events in support of City Staff, as instructed; prepare to present information and content as instructed;
o Provide additional services upon request.
b. Resource Management
All Tasks and related production shall be performed systematically, within a given time-schedule, utilizing a tailored version of an internal data tracking and monitoring software called Teamwork, for optimal project management. Progress on said Tasks shall be monitored continually to ensure timeliness of ongoing Deliverables.
3. PROJECT MANAGER – Stephen Howe/Senior Consultant
Stephen Howe/Senior Consultant – MuniEnvironmental
Mr. Howe has been an environmental consultant based in California since 1992. He has audited and developed waste reduction and recycling programs for hundreds of businesses and schools in the Southern California area.
He has also administered a waste diversion competition for the schools in the County of Los Angeles for over 12 years. Each year an average of 60 schools have participated, attesting to the program’s success. His primary field of expertise includes providing hands-on technical assistance to businesses, schools, and school districts, assessing the regulatory requirements they face in addition to providing them with practical solutions. He has an extensive background in solid waste franchise assessment, as well as an in -depth understanding of the regulations governing solid waste collection, diversion, recycling, composting, alternative technologies, food recovery, organics recovery, organics recycling, solid waste disposal, as well as Used Oil and Beverage Container Grants, and State legislative requirements.
Below are examples of Special Projects & Charitable Committees involving Mr. Howe:
Founding Director: Ocean Challenge of Southern California City of LA Zero Waste Planning Committee
LA County Conversion Technologies Planning Sessions
City of LA Comm./Multi-Family Franchise Planning Sessions Annual Fundraising Manager for Tree-People and Food Finders OSHA 8-Hour and 40-Hour Hazwoper Training
Grant Application Development/Project Management
SWAMA Award for Most Innovative Educational Programs
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4. PLEDGE OF CONTINUITY
MUNI warrants that the representations contained in this Proposal, and all obligations arising hereof, shall be dutifully executed for the duration of the engagement, without interruption or lapse ; and, that MUNI shall maintain the resources required to fulfill all Tasks and Deliverables delineated in Section 2 above.
5. PROFESSIONAL SERVICES AGREEMENT
MUNI is prepared to commence services immediately upon approval of this Proposal and shall duly enter into the City’s Standard Professional Services Agreement, as applicable. a. Term
MUNI understands that it is imperative to establish and maintain a sustainable technical support mechanism to safeguard against solid waste program failures in the future that could expose the City to significant liability under California Law; instead, meeting head -on SB 1383’s ultimate standard for organic waste recovery of 75%, effective January 1, 2025.
MUNI is therefore prepared to enter into a renewable Agreement containing contractual obligat ions to provide essential technical support services ove r an initial term of thirty -six (36) or more months, extendable at the sole discretion of the City, without interruption or lapse. b. Fees
The initial nine (9) month period ending on June 30, 2023, during which MUNI would render vital services, is freighted with direct implementation costs for functions such as intensive public education and outreach, site inspections for waivers, multi-level enforcement, direct customer contact , franchise compliance reviews, customer feedback messaging, and CalRecycle representation and reporting, demands which MUNI estimates would de-escalate by approximately 15%, as reflected in the applicable Fee Schedules.
On the following pages, please find MUNI’s Not-to-Exceed Estimated Fee Schedule for the remainder of FY2022/2023, as well as proposed budg ets for years two and three, each containing an hourly cost breakdown, by task, along with the discount of ten percent (10%) on all hourly rates, across-the-board.
Thank you.
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ESTIMATED FEE SCHEDULE FOR SB 1383 IMPLEMENTATION (NTE)
(10/1/22 – 6/30/23)
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ESTIMATED FEE SCHEDULE FOR SOLID WASTE PROGRAM
TECHNICAL SUPPORT (NTE)
(7/1/23 – 6/30/24)
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ESTIMATED FEE SCHEDULE FOR SOLID WASTE PROGRAM
TECHNICAL SUPPORT (NTE)
(7/1/24 – 6/30/25)
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with
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Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage
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which may have been required under this Agreement or any additional insured endorsements which may extend to City.
4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
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accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
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B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
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B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination . Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
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B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses . At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
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16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon
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the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
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Agenda Item # 17.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
Lorry Hempe, Public Works Special Projects Manager
SUBJECT:
AWARD OF CONTRACT TO CRAFTWATER ENGINEERING, INC. FOR THE
LYNWOOD CITY PARK STORMWATER CAPTURE PROJECT
Recommendation:
Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD AWARDING AN AGREEMENT TO CRAFTWATER ENGINEERING, INC. TO PROVIDE DESIGN ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $947,101 FOR THE LYNWOOD CITY PARK STORMWATER CAPTURE PROJECT (CIP NO. 4011.68.112) AND AUTHORIZING THE CITY MANAGER TO APPROVE ADDITIONAL SERVICES UP TO 10 PERCENT OF THE CONTRACT PRICE.”
Background:
On September 15, 2021, the Los Angeles County Flood Control District (District) Governing Body approved the recommended Stormwater Investment Plans (SIPs) for Fiscal Year 2021-22 (FY22) for the Safe Clean Water Program’s Regional Program. Included in the Lower Los Angeles River Watershed SIP is a project from the City entitled “Lynwood City Park Stormwater Capture Project” (Project). The Project is to develop a regional stormwater capture infiltration system and ephemeral stream; and improve an existing parking lot and soccer field at the Lynwood City Park (Attachment A).
On October 19, 2021, the City Council authorized the City Manager to sign the “Transfer Agreement Between the Los Angeles County Flood Control District and the City” to receive grant funds and implement the Project. On March 2, 2022, the City received $1,691,629 in Measure W grant funds from the District for the design of the Project.
On June 23, 2022, staff issued a Request for Proposal (RFP) inviting qualified firms to submit a proposal for design engineering services for this Project. The following six firms responded to the RFP: 1) SoCal Stormwater Runoff Solution Services, Inc., 2) CWE, 3) Craftwater Engineering, 4) Sherwood Design Engineers, 5) dSantana Arquitectura, and 6) IDS Group, Inc..
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Discussion and Analysis:
The Municipal Separate Storm Sewer System (MS4), is a large interconnected system used by cities in Los Angeles County. MS4 receives stormwater and non-stormwater discharges from various sources. As the discharges flow over the urban landscape, they may pick up pollutants generated by urban activities, such as metals, bacteria, pesticides, fertilizers and trash. Polluted stormwater and non-stormwater discharges conveyed through the MS4 ultimately reach receiving waters, resulting in adverse water quality impacts.
The City is considered one of the Permittees subject to the California Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Permit requirements. To comply with the NPDES Permit, the City joined the Lower Los Angeles River Watershed Group (LLAR) to jointly undertake certain NPDES permit requirements at a watershed level. Members of the LLAR include cities of Downey, Lakewood, Long Beach, Lynwood, Paramount, Pico Rivera, Signal Hill, and South Gate; and the Los Angeles Flood Control District. On April 28, 2015, the Los Angeles Regional Water Quality Control Board approved, with conditions, the LLAR Watershed Management Program (WMP).
Included in the WMP is the implementation of regional structural Best Management Practices (BMPs) to reduce pollutants. According to the modeling results, Reasonable Assurance Analysis (RAA), the City will need to capture and/or treat 34.2 acre-feet by January 11, 2024 to meet the 50% interim compliance milestone, and 95.5 acre-feet by January 11, 2028 to meet the final compliance milestone. The Lynwood City Park has a potential to capture 12 acre feet of stormwater.
To advance projects benefiting the LLAR watershed, LLAR funded a feasibility study for this Project in 2019 and Craftwater Engineering prepared the study. The Project has a total drainage area of 955 acres, encompassing portions of the City of Lynwood and the City of South Gate. Following the Feasibility Study, staff submitted another grant application to implement a stormwater BMP and the City was awarded $1,691,629 in grant funds for the design phase.
The main component of the Project entails the planning and design of a storage/infiltration facility under the existing soccer field at the Lynwood City Park (Attachment A). The Project also includes an ephemeral biofiltration creek at the north end of the Lynwood City Park and outlet to a bird and butterfly garden. A portion of water captured in the storage unit will be pumped to the surface where the ephemeral stream will be created. The installation of the underground structure will require the removal and replacement of the existing soccer field, grass turf and the parking lot. The Project includes the creation of a new soccer field surface.
The scope of work for the engineering services included the preparation of construction plans, geotechnical report, engineering survey, utility research, environmental documents, cost estimation; development of an operations and maintenance and post-construction monitoring plan; and implementation of a public outreach.
The requirements are highly technical, requiring specialized skills and competency to design an underground storage structure to include infiltration and filtration elements. The rough order of magnitude preliminary opinion of probable construction cost is $14.8 million based on a 2020 feasibility study report. Furthermore, this Project will require funding for construction. The selected consultant needs to assist the city in seeking of very competitive grant funding for the construction phase.
A panel made up of Mir T. Fattahi, Acting City Engineer and Michelle Kim from John L. Hunter and Associates reviewed the written proposals and short-listed CWE and Craftwater Engineering. (See Attachment B) CWE and Craftwater Engineering were both interviewed. Both firms demonstrated experience in engineering services in stormwater capture projects. Both firms have qualified personnel who can undertake the Project. Even though CWE was ranked higher based on the proposal, both panelists recommended Craftwater Engineering after the interviews. Craftwater Engineering was selected over CWE based on their experience and success in assisting their clients obtain grants.
In addition, Craftwater Engineering received higher ratings overall from its references compared to CWE.
Craftwater Engineering received “very satisfied” ratings, the highest rank, for the overall services provided, ability to maintain project schedule, quality of work, and ability to stay within budget. All three past clients responded that, if given an opportunity, they will hire Craftwater Engineering again.
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Craftwater Engineering cost is higher than CWE at $1,100,070 compared to CWE at $949,959 (See Attachment B). Staff reached out to Craftwater Engineering to provide the City with a more trimmed down cost. Craftwater Engineering reduced its cost from $1,100,070 to $947,101.
Finally, there may be additional work needed relating to the Project from time to time. To ensure continuity of the Project, staff recommends that the City Council authorizes the City Manager to approve additional services not to exceed 10 percent of the contract price.
Fiscal Impact:
No additional appropriation is needed.
On March 2, 2022, the City received $1,691,629 in grant funds from the District for the design of the Project.
Coordinated With:
Finance & Administration
City Attorney
ATTACHMENTS:
Description
Resolution
Exhibit A
Attachment A
Attachment B
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RESOLUTION._____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING AN AGREEMENT TO CRAFTWATER ENGINEERING, INC. TO
PROVIDE DESIGN ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $947,101 FOR THE LYNWOOD CITY PARK STORMWATER CAPTURE PROJECT (CIP NO. 4011.68.112) AND AUTHORIZING THE CITY MANAGER TO APPROVE ADDITIONAL SERVICES UP TO 10 PERCENT OF THE CONTRACT PRICE
WHEREAS, on September 15, 2021, the Los Angeles County Flood Control District (County) Governing Body approved the recomm ended Stormwater Investment Plans (SIPs) for Fiscal Year 2021 -22 (FY22) for the Safe Clean Water Program’s Regional Program ; and
WHEREAS, included in the Lower Los Angeles River Watershed SIP is a project from the City of Lynwood entitled Lynwood City Pa rk Stormwater Capture Project (Project) ; and
WHEREAS, the Project is to develop a regional stormwater capture infiltration system that will also install a new parking lot, soccer field and ephemeral stream at the Lynwood City Park ; and
WHEREAS, the Safe, Clean Water grant funding is $1,691,629 to fund the environmental planning, permitting, design, and community outreach and project management for the Project ; and
WHEREAS, on June 23, 2022, staff issued a Request for Proposal (RFP) inviting qualified firms to submit a proposal for engineering services for this Project;
WHEREAS, the City received proposals from the following firms: 1) SoCal Stormwater Runoff Solution Services, Inc., 2) CWE, 3) Craftwater Engineering, 4) Sherwood Design Engineers, 5) dSantana Arquitectura, and 6) IDS Group, Inc.. ; and
WHEREAS, based on the written proposal and interview, the panelists made up of Mir T. Fattahi, Acting City Engineer and Michelle Kim from John L. Hunter and Associates, recommended Craftwater Engineering; and
WHEREAS, Craftwater Engineering team of professionals will ensure the necessary depth and breadth of resources needed to deliver the engineering services under the grant agreement with the Los Angel es County Flood Control District.
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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. That the City Council approves to award an agreement to Craftwater Engineering , Inc. to provide engineering services including the preparation of construction plans, geotechnical report, engineering survey, utility research, environmental documents, cost estimation; development of an operations and maintenance and post -construction monitoring plan; and implementation of a public outreach for a not to exceed amount of $947,101 and authorizes the Mayor to execute an Agreement attached hereto as Exhibit A in a form approved by the City Attorney. The City Council also authorizes the Mayor to execute this Resolution.
Section 3. That the City Council authorizes the City Manager to approve additional services for a not to exceed amount of 10 percent of the contract price.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.
PASSED, APPROVED and ADOPTED this 20th day of September, 2022.
______________________________
Jorge Casanova
Mayor
ATTEST:
___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia Julian Lee
City Attorney Director of Public Works
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PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of September 20, 2022 by and between the City of Lynwood , a municipal corporation ("City") and Craftwater Engineering Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide engineering design services as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement . This Agreement shall commence on September 26, 2022, (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than June 30, 2024, unless sooner terminated or extended by the City pursuant to the provisions of this Agreement. In the event the Parties do not enter into a new agreement prior to the Termination Date, this Agreement shall continue on a month-to-month basis under the same terms for a period not to exceed six months following the Termination Date. If the Parties execute no new agreement by the end of the six-month period following the Termination Date, this Agreement shall terminate at the end of such six-month period. Agreement may be extended by the City Manager for bid support and construction support during the pre-construction and construction phase.
3. Compensation .
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed $947,101.
C. If at the request of the City, Consultant is required to incur out of pocket expenses
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(including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions . The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses .
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
COMPANY
Craftwater Engineering, Inc.
45 South Arroyo Parkway, Office No. 213
Pasadena, CA 91105
Attn: Oliver Galang, Principal Engineer
6. Exhibits . All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Work/Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Jorge Casanova, Mayor Date
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ATTEST:
By: ______________________________ ________________________ Maria Quinonez
City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia
City Attorney Date
CONSULTANT
Craftwater Engineering, Inc.
By: _______________________________ ________________________ Chad Helmle, PE Date
President and CEO
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EXHIBIT A
SCOPE OF WORK/SERVICES
(Scope of Work is the scope of work included in the Request for Proposal (RFP) For Engineering Services for the Lynwood City Park Stormwater Project (CIP No. 4011.68.112) dated June 23, 2022. It shall also include the Proposal for Engineering Services for the Lynwood city Park Stormwater Capture Project submittal from Consultant dated August 1, 2022 (Proposal). If there is a conflict between the RFP and the Proposal, the City shall determine the term that will prevail. )
COMPENSATION SCHEDULE
(Fee Proposal shall be the revised cost proposal included in this Agreement)
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ODCs
Principal
Contract
Administrator
Project Manager
Senior Engineer
Associate
Engineer
Junior Engineer
Total
Labor
Hours
Total Labor
Effort
Total
ODCs
Subcontracts
(Alta Planning)
Subcontracts
(Ninyo and
Moore)
Subcontracts (C
Below)
Subcontracts
(CASC
Engineering)
Subcontracts
(Black and
Veatch)
Subcontracts
(Psomas)
Subcontracts
(Yao Engineering)
Total
Subconsultants
TOTAL EFFORT
271 163 240 223 184 146
Task 1. Project Administration and Coordination
Task 1.1. Kick-off Meeting 1 2 2 2 7 1,411 799 - - - - - - 799 2,210 Task 1.2. Coordination 10 24 32 20 20 10 116 23,902 855 - - - - - - 855 24,757 Task 1.3. Meetings 8 24 8 24 40 104 19,968 4,268 - - - - - - 4,268 24,236 SUBTOTAL Task 1. Project Administration and Coordination 19 24 58 28 46 52 227 45,281 - 5,921 - - - - - - 5,921 51,202 Task 3. Engineering Survey
Task 3.1.Aerial Topographic Mapping (Survey Area 1) 1 1 240 - - - 7,068 - - - 7,068 7,308 Task 3.1.Aerial Topographic Mapping (Survey Area 2) 1 1 240 - - - 3,787 - - - 3,787 4,027 Task 3.2. Ground Survey (Survey Area 1) 1 1 240 - - - 7,744 - - - 7,744 7,984 Task 3.2. Ground Survey (Survey Area 2) 1 1 240 - - - 7,744 - - - 7,744 7,984 Task 3.3. Research and Base Mapping (Survey Area 1) 1 2 8 16 27 4,559 - - - 1,815 - - - 1,815 6,374 Task 3.3. Research and Base Mapping (Survey Area 2) 1 2 8 16 27 4,559 - - - 1,485 - - - 1,485 6,044 SUBTOTAL Task 3. Engineering Survey 2 - 8 - 16 32 58 10,078 - - - - 29,643 - - - 29,643 39,721 Task 4. Utility Document, Row and Utility Research
Task 4.1.Feasibility Study Review 2 2 8 12 2,398 - - - - - - - - 2,398 Task 4.2.Utility Research and Coordination 1 2 8 40 51 8,063 - - - - 1,342 - - 1,342 9,405 Task 4.3. Field Investigation 2 4 4 10 2,238 - - - - - - - - 2,238 SUBTOTAL Task 4. Utility Document, Row and Utility Research 3 - 8 2 20 40 73 12,699 - - - - - 1,342 - - 1,342 14,041 Task 5. Environmental Documentation
Task 5.1. Initial Study and Mitigated Negative Declaration 1 2 4 12 19 3,239 5,103 - - - - - 79,937 - 79,937 88,279 SUBTOTAL Task 5. Environmental Documentation 1 - 2 - 4 12 19 3,239 5,103 - - - - - 79,937 - 79,937 88,279 Task 6. Design
Task 6.1 Hydrologic and Hydraulic Study 2 4 16 40 40 102 18,270 - - - - - - - - 18,270 Task 6.2 Water Quality Analysis 1 4 8 24 60 97 16,191 - - - - - - - - 16,191 Task 6.3 Water Conservation Analysis 1 4 4 8 24 41 7,099 - - - - - - - - 7,099 Task 6.4 Localized Flooding Analysis 1 2 8 24 35 5,727 - - - - - - - - 5,727 Task 6.5 Existing Well System Review 1 2 24 27 4,255 - - - - - - - - 4,255 Task 6.6 Permitting Support 2 8 16 26 4,288 - - - - - - - - 4,288 Task 6.7 Plans and Specifications (30%, 60%, 90%, 100%) 12 60 80 240 400 792 138,052 - - - - 103,341 - 57,750 161,091 299,143 - - -
SUBTOTAL Task 6. Design 18 - 78 108 328 588 1,120 193,882 - - - - - 103,341 - 57,750 161,091 354,973 Task 7. Landscaping and Amenities
Task 7.1 Prepare Landscape Plans 1 2 4 8 15 2,655 20,117 - - - - - - 20,117 22,772 Task 7.2 Incorporate Plans into Civil Drawings 2 4 8 14 2,384 1,936 - - - - - - 1,936 4,320 SUBTOTAL Task 7. Landscaping and Amenities 1 - 4 - 8 16 29 5,039 - 22,053 - - - - - - 22,053 27,092 Task 8. Operations and Maintenance (O&M)
Task 8.1 Design O&M Plan for Permitting 1 2 8 40 51 8,063 - - - - - - - - 8,063 Task 8.2 As-Constructed O&M Plan 1 2 4 20 27 4,407 - - - - - - - - 4,407 SUBTOTAL Task 8. Operations and Maintenance (O&M) 2 - 4 - 12 60 78 12,470 - - - - - - 12,470 Task 9. Post-Construction Monitoring Plan
Task 9.1 Develop Post-Construction Monitoring Plan 1 2 8 40 51 8,063 - - - - - - - - 8,063 SUBTOTAL Task 9. Post-Construction Monitoring Plan 1 - 2 - 8 40 51 8,063 - - - - - - - - - 8,063 Billing Rates
FEE PROPOSAL FOR: Lynwood City Park Stormwater Capture Project - Engineering Services Contract Type: Fixed Price by Deliverable
Task Description
CRAFTWATER ENGINEERING INC TOTAL COST (10% MARKUP)
Develop design documents and provide construction support for the stormwater capture project at Lynwood City Park in Lynwood City, CA
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ODCs
Principal
Contract
Administrator
Project Manager
Senior Engineer
Associate
Engineer
Junior Engineer
Total
Labor
Hours
Total Labor
Effort
Total
ODCs
Subcontracts
(Alta Planning)
Subcontracts
(Ninyo and
Moore)
Subcontracts (C
Below)
Subcontracts
(CASC
Engineering)
Subcontracts
(Black and
Veatch)
Subcontracts
(Psomas)
Subcontracts
(Yao Engineering)
Total
Subconsultants
TOTAL EFFORT
Task Description
CRAFTWATER ENGINEERING INC TOTAL COST (10% MARKUP)
Task 10. Cost Estimate
Task 10.1 Construction Cost Estimate 1 2 8 32 43 6,895 1,709 Task 10.2 Operations and Maintenance (O&M) Cost Estimate 2 8 8 18 3,120 - Task 10.3 Post-Construction Monitoring Cost Estimate 2 8 8 18 3,120 - - - - - - - - 3,120 SUBTOTAL Task 10. Cost Estimate 1 - 6 - 24 48 79 13,135 - 1,709 - - - - - - - 3,120 Task 11. Public Outreach and Education
Task 11.1 Presentations and Updates to City Council and LLAR WASC 4 8 8 8 28 5,644 6,818 - - - - - - 6,818 12,462 Task 11.2 Support Applications for Awards 4 4 960 5,744 - - - - - - 5,744 6,704 Task 11.3 Community Outreach/Engagement Plan 2 2 480 3,907 - - - - - - 3,907 4,387 Task 11.4 Conduct Outreach/Engagement Activities 4 12 20 40 76 13,484 10,500 8,811 - - - - - - 8,811 32,795 SUBTOTAL Task 11. Public Outreach and Education 8 - 26 - 28 48 110 20,568 25,280 - - - - - - 25,280 56,348 Task 13. Plan Submittal
Task 13.1 Submittal of 30/60/90/100% Plans 1 4 16 24 45 7,679 7,775 - - - 7,165 - - 14,940 22,619 SUBTOTAL Task 13. Plan Submittal 1 - 4 - 16 24 45 7,679 7,775 - - - 7,165 - - 14,940 22,619 Task 14. Bid Support
Task 14.1 Respond to Bid Phase RFIs/Revise Plans 1 4 8 12 25 4,455 3,069 - - - 5,016 - 638 8,723 13,178 SUBTOTAL Task 14. Bid Support 1 - 4 - 8 12 25 4,455 3,069 - - - 5,016 - 638 8,723 13,178 Task 15. Construction Support
Task 15.1 Pre-Construction Meeting Support 4 4 8 1,696 1,214 - - - - 1,214 2,910 Task 15.2 RFIs 4 8 16 40 40 108 19,772 4,248 - - - 9,882 - 638 14,769 34,541 Task 15.3 Submittals 8 12 20 20 60 11,196 2,649 - - - 22,057 - 1,276 25,982 37,178 Task 15.4 Construction General Permit Assistance 8 16 80 80 184 31,888 1,158 - - - - - - 1,158 33,046 Task 15.5 On-Site Construction Observation 2 8 16 24 50 10,446 2,812 - - - - - 7,816 10,627 21,073 Task 15.6 As-Built/Record Drawings 4 16 40 60 9,744 3,522 - - - 9,882 - 6,336 19,741 29,485 SUBTOTAL Task 15. Construction Support 6 - 40 60 184 180 470 84,742 - 15,604 - - - 41,822 - 16,066 73,491 158,233 TOTAL
(Not-to-Exceed, Excludes Task 2 and Task 12) 64
24 244 198 702 1,152 2,384 421,330 15,603 81,411 - - 29,643 158,686 79,937 74,454 422,421 849,339 Task 2. Geotechnical Report
Task 2.1. Project Coordination and Background Review 1 2 608 - 6,105 - - - - - 6,105 6,713 Task 2.2. Additional Subsurface Evaluation and Percolation Testing - - 28,408 - - - - - 28,408 28,408 Task 2.3. Potholing 1 2 4 1,192 - - 12,100 - - - - 12,100 13,292 Task 2.4 Geotech Report Preparation 1 2 608 - 24,829 - - 550 - - 25,379 25,987 SUBTOTAL Task 2. Geotechnical Report - - 3 - 6 4 - 2,408 - - 59,342 12,100 - 550 - - 71,992 74,400 Task 12. Safe, Clean Water Program Reporting (Bid Alternate) Task 12.1 Quarterly Progress/Expenditure Reports 2 8 24 40 74 12,718 - - - - - - - - 12,718 Task 12.2 Annual Summary of Quarterly Progress/Expenditure Reports 2 4 8 16 30 5,310 - - - - - - - - 5,310 Task 12.3 Miscellaneous Supporting Materials 2 4 8 16 30 5,310 - - - - - - - - 5,310 SUBTOTAL Task 12. Safe, Clean Water Program Reporting (Bid Alternate) 6 - 16 - 40 72 134 23,338 - - - - - - - - 23,338
GRAND TOTAL
(Not-to-Exceed, Includes Task 2 and Task 12) 77 32 272 208 759 1,240 2,531 447,090 15,618 81,427 59,359 12,118 29,662 159,257 79,959 74,476 494,436 947,101
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act. Consultant further agrees to defend, indemnify, and hold the City harmless for any and all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable
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Care Act.
Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section
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3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director
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of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
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6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination . Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs
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or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination. Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation
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within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered.
City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement.
Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses . At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts,
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each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement.
Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
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Exist. LACFCD Storm Drain BI 0021 (108” RCP)
Exist. LACFCD Storm Drain BI 0021 (108” RCP)
Exist. LACFCD Storm Drain BI 0021, U3, Line D (72” RCP) Exist. LACFCD Storm Drain BI 0021, U3, Line D (72” RCP) Exist. LACFCD Storm Drain BI 0006, U3, Line A (81” RCP) Exist. LACFCD Storm Drain BI 0006, U3, Line A (81” RCP) Bird and Butterfly Garden
Bird and Butterfly GardenCITY OF LYNWOOD
Storm Drain Diversion
Storm Drain Diversion
Pre-Treatment Unit
Pre-Treatment Unit
Storm Drain Diversion
Storm Drain Diversion
Pre-Treatment Unit
Pre-Treatment Unit
Discharge to Storm Drain
Discharge to Storm Drain
Discharge Pump
Discharge Pump
Ephemeral Biofiltration Creek
Ephemeral Biofiltration Creek
Post Treatment Unit
Post Treatment Unit
Exist. 18” Sanitary Sewer
Exist. 18” Sanitary SewerDate04/14/2020LOWER LOS ANGELES RIVER WATERSHED MANAGEMENT PROGRAMLYNWOOD CITY PARK STORMWATER CAPTURE PROJECTOPTION 1. Reservoir and Filtration Concept PlanChecked byC. HelmlePrepared byO. GalangCITY OF LYNWOOD Underground Storage/Infiltration Facility(17.2 AF) (5.6 MG) Underground Storage/Infiltration Facility(17.2 AF) (5.6 MG) City Council Regular Meeting - Page 335 of 472
Date04/14/2020LOWER LOS ANGELES RIVER WATERSHED MANAGEMENT PROGRAMLYNWOOD CITY PARK STORMWATER CAPTURE PROJECTOPTION 2. Reservoir, Dry-Wells, and Filtration ConceptChecked byC. HelmlePrepared byO. Galang Exist. LACFCD Storm Drain BI 0021 (108” RCP)
Exist. LACFCD Storm Drain BI 0021 (108” RCP)
Exist. LACFCD Storm Drain BI 0021, U3, Line D (72” RCP) Exist. LACFCD Storm Drain BI 0021, U3, Line D (72” RCP) Exist. LACFCD Storm Drain BI 0006, U3, Line A (81” RCP) Exist. LACFCD Storm Drain BI 0006, U3, Line A (81” RCP)
CITY OF LYNWOOD
Bird and Butterfly Garden
Bird and Butterfly Garden
CITY OF LYNWOOD
Storm Drain Diversion
Storm Drain Diversion
Pre-Treatment Unit
Pre-Treatment Unit
Underground Storage/Infiltration Facility(13.8 AF) (4.5 MG) Underground Storage/Infiltration Facility(13.8 AF) (4.5 MG) Storm Drain Diversion
Storm Drain Diversion
Pre-Treatment Unit
Pre-Treatment Unit
Discharge to Storm Drain
Discharge to Storm Drain
Discharge Pump
Discharge Pump
Ephemeral Biofiltration Creek
Ephemeral Biofiltration Creek
Dry-Well Option
Dry-Well Option
Post Treatment Unit
Post Treatment Unit
Exist. 18” Sanitary Sewer
Exist. 18” Sanitary Sewer
City Council Regular Meeting - Page 336 of 472
Date04/14/2020LOWER LOS ANGELES RIVER WATERSHED MANAGEMENT PROGRAMLYNWOOD CITY PARK STORMWATER CAPTURE PROJECTOPTION 3. Reservoir, Filtration and Sanitary Sewer Discharge ConceptChecked byC. HelmlePrepared byO. Galang Exist. LACFCD Storm Drain BI 0021 (108” RCP)
Exist. LACFCD Storm Drain BI 0021 (108” RCP)
Exist. LACFCD Storm Drain BI 0021, U3, Line D (72” RCP) Exist. LACFCD Storm Drain BI 0021, U3, Line D (72” RCP) Exist. LACFCD Storm Drain BI 0006, U3, Line A (81” RCP) Exist. LACFCD Storm Drain BI 0006, U3, Line A (81” RCP)
CITY OF LYNWOOD
Storm Drain Diversion
Storm Drain Diversion
Pre-Treatment Unit
Pre-Treatment Unit
Bird and Butterfly Garden
Bird and Butterfly Garden
Ephemeral Biofiltration Creek
Ephemeral Biofiltration Creek
Storm Drain Diversion
Storm Drain Diversion
Pre-Treatment Unit
Pre-Treatment Unit
Underground Storage/Infiltration Facility(17.2 AF) (5.6 MG) Underground Storage/Infiltration Facility(17.2 AF) (5.6 MG)
CITY OF LYNWOOD
Exist. 18” Sanitary Sewer
Exist. 18” Sanitary Sewer
Discharge to Sewer
Discharge to Sewer
Discharge Pump
Discharge Pump
Post Treatment Unit
Post Treatment Unit
Discharge to Storm Drain
Discharge to Storm Drain
City Council Regular Meeting - Page 337 of 472
ATTACHMENT B
WRITTEN PROPOSAL AVERAGE SCORE
Average Score for
Written Proposal
CWE 99.5
Craftwater Engineering 97.5
dSantana Arquitectura 89.5
Sherwood Design Engineers 72
IDS Group, Inc. 70.25
SoCal Stormwater Runoff Solution Services Inc. (1) 0
Cost Proposal (Includes Bid Alternates for Additional Geotechnical Report and Safe Clean Water Program Reporting)
CWE $949,959
Craftwater Engineering (original cost proposal) $1,100,070 Craftwater Engineering (revised cost proposal) (2) $947,101 dSantana Arquitectura $1,671,780
Sherwood Design Engineers $1,507,779
IDS Group, Inc. $1,395,581
SoCal Stormwater Runoff Solution Services Inc. (1) $2,565 (1) Non responsive to the RFP required submittals.
(2) Craftwater provided best and final offer after being selected by the panelists City Council Regular Meeting - Page 338 of 472
Shortlist for
Interview
Yes
Yes
No
No
No
No
City Council Regular Meeting - Page 339 of 472
Agenda Item # 18.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
Lorry Hempe, Public Works Special Projects Manager
SUBJECT:
CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM Recommendation:
Staff recommends for the City Council to adopt the attached resolution entitled:
“A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD FINDING THAT THERE IS A NEED TO CONTINUE THE
EMERGENCY ACTION, BY WAY OF A FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM.”
Background:
The
City Council delegated to the City Manager the authority to order any action specified under California Public Contract Code Section 22050(a)(1) and pursuant to Section 22050(b). This delegation gave the City Manager the authority, in case of an emergency, to take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts.
On April 5, 2022, the City Council found that an emergency existed at the Natatorium necessitating immediate actions.
Discussion and Analysis:
Findings of Emergency Actions
On April 5, 2022, the City Council found that there is substantial evidence requiring an emergency for an immediate action to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Some of the record demonstrating an emergency included the patio wall showing City Council Regular Meeting - Page 340 of 472
major signs of compromised structural deficiencies, the pool deck showing evidence of detaching and cracking throughout the surface of the pool deck, the electrical system requiring immediate replacement to prevent electrical shorts and possible fire, and the pool wall requiring an urgent replacement to avoid possible collapsing.
The conditions necessitating the emergency actions continue to exist. The emergency renovations and repairs have been initiated but have not been completed.
Four-fifths Vote Requirement to Continue the Action
Pursuant to Public Contract Code Section 22050(c)(1) at every regularly scheduled meeting after the initial review of the emergency action, a four-fifths vote of the City Council is needed to continue the action until the emergency action is terminated.
Fiscal Impact:
No additional appropriation is needed.
Coordinated With:
City Attorney
Finance & Administration
ATTACHMENTS:
Description
Resolution
City Council Regular Meeting - Page 341 of 472
1 RESOLUTION._____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING
THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION BY WAY OF A
FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO THE PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RES PECT TO THE EMERGENCY
RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM
WHEREAS, on March 1, 2022, the City Council by minute action approved the recommended repairs at the Natatorium, the City’s pool and the budget of $5,000,000 for these repairs ; and
WHEREAS, the patio wall shows major signs of compromised structural deficiencies, the pool deck shows evidence of detaching and cracking throughout the surface of the pool deck, the electrical system requires replacement to prevent electrical shorts and possible fire, and the pool wall requires replacement to avoid collapse; and
WHEREAS, based on the recommendation from the Acting City Engineer on the immediate repairs of the patio wall, pool deck floor, electrical and interior wall to the City Manag er, the City Manager approved the emergency action s waiving the informal competitive bidding requirements; and
WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5 s vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts provided the public agency is able to make a finding, based on substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5s vote of its governing body , a public agency may delegate to the City Manager the authority to order any action pursuant to California Public Contract Code Section 22050(a)(1) to address the emergency; and
WHEREAS, on April 5, 2022, the City Council found that there is substantial evidence in the record demonstrating that t he patio wall shows major signs of compromised structural deficiencies, the pool deck shows evidence of detaching and cracking throughout the surface of the pool deck, the electrical system requires replacement to prevent electrical shorts and possible fire, and the pool wall require s replacement to avoid collapse has created an created an emergency requiring immediate action to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and City Council Regular Meeting - Page 342 of 472
2 WHEREAS, the City Council delegated the authority to the City Manager o r his or her designee upon recommendation from the Director of Public Works and/or City Engineer the authority to order any action pursuant to the California Public Contract Code Section 22050 (a)(1) including the waiving of formal or informal competitive bidding requirements to tear down and replace the patio wall, to replace the pool deck, to upgrade the electrical system, and to replace the pool wall.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. That the City Council has reviewed the emergency action and finds that by way of a four-fifths vote of its members, finds that there is a need to continue the action pursuant to Public Contract Code Section 22050(c)(2).
Section 3. This Resolution shall take effect immediately upon its adoption.
Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution.
PASSED, APPROVED and ADOPTED this 20th day of September, 2022.
______________________________
Jorge Casanova
Mayor
ATTEST:
___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 343 of 472
3 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resoluti on was passed and adopted by the City Co uncil of the City of Lynwood at a regular meeting held on the 20th day of September 2022, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office an d that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of September 2022.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 344 of 472
Agenda Item # 19.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
George Cambero, Interim Utility Manager
Lorry Hempe, Public Works Special Projects Manager
SUBJECT:
TERMINATING AN EMERGENCY ACTION PREVIOUSLY TAKEN FOR
REHABILITATION OF WELL NO. 19
Recommendation:
Staff recommends f
or the City Council to adopt the attached resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD TERMINATING AN EMERGENCY ACTION PREVIOUSLY TAKEN ON THE EMERGENCY REPAIR OF WELL NO.19 PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050.”
Background:
The
City Council delegated to the City Manager the authority to order any action specified under California Public Contract Code Section 22050(a)(1) and pursuant to Section 22050(b). This delegation gave the City Manager the authority, in case of an emergency, to take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts.
In December of 2021, Staff observed that Well 19 started producing an overwhelming amount of sand during normal pumping operation. Staff flushed the sand separator to remove the fine silt and sand from the system; however, after running the pump to waste, the fine silt and sand did not clear. The well was taken off-line on December 20, 2021 to mitigate water quality issues. Additional assessment work was needed to ascertain cause of the problem.
On April 5, 2022, the City Council was informed that an emergency existed at Well No. 19 necessitating immediate actions. At the meeting, the City Council authorized the City Manager to begin the emergency rehabilitation work which included backfilling the well, brushing of the casing with Sterilene to remove bio-fouling, patching the seven (7) holes in the well casing, changing the pump from oil to water lubrication, and disinfecting the well and approved the additional optional work on the zone sampling while the well was offline.
City Council Regular Meeting - Page 345 of 472
Discussion and Analysis:
Pursuant to Public Contract Code Section 22050(c)(1) at every regularly scheduled meeting after the initial review of the emergency action, a four-fifths vote of the City Council is needed to continue the action until the emergency action is terminated. Since the initial finding on the need of the emergency action, the City Council has continued the emergency action.
Weber Water Resources (Weber) was contacted to investigate the issue. Unfortunately, there was limited visibility with a closed-circuit television (CCTV) to recommend a set course of action without rehabilitation.
Staff
recommended that Weber complete the rehabilitation of Well No. 19 due to the poor water quality, the impending increase in the water demand during the hotter months ahead, and the on-going high purchased water costs.
Weber performed clean-up to the well, removed 720 feet of fine silt and sand, completed a well casing condition report and a final video. These actions led to recommendations for repair tasks to be completed for a fully rehabilitated the well. After the rehabilitation, Well 19 was approved by the California State Water Resources Control Board, Division of Drinking Water to go back into operation on July 31 , 2022.
With Well No. 19 now in operation,
there is no longer a need to continue the emergency action. The approved emergency work at Well No. 19 has been completed. Staff recommends that the City Council terminate the emergency action so that staff can work on the Notice of Completion and file all necessary documentation to close out the project.
Fiscal Impact:
No additional funding is needed.
Coordinated With:
Finance Department
City Attorney’s Office
ATTACHMENTS:
Description
Resolution
City Council Regular Meeting - Page 346 of 472
1 RESOLUTION._____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
TERMINATING AN EMERGENCY ACTION PREVIOUSLY TAKEN ON THE EMERGENCY REPAIR OF WELL NO.19 PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050
WHEREAS, California Public Contract C ode Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5 s vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessar y equipment, services and supplies for those purposes, without giving notice for bids to let contracts provided the public agency is able to make a finding, based on substantial evidence, that the emergency will not permit a delay resulting from a competit ive solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5s vote of its governing body , a public agency may delegate to the City Manager the authority to order any action pursuant to California Public Contract Code Section 22050(a)(1) to address the emergency; and
WHEREAS, on April 5, 2022 , the City Council found that there was substantial evidence i n the record demonstrating that the production and presence of an overwhelming amount of sand and silt during normal pumping and subsequent videos of Wells No. 19 and the existence of holes in the well casing has created an emergency requiring immediate action to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, the City Council delegated the authority to the City Manager or his or her designee upon recommendation from the Director of Public Works and/or City Engineer the authority to order any action pursuant to the California Public Contract Code Section 22050 (a)(1) including the waiving of formal competitive bidding requirements to engage a consultant to assess and expose Well No. 19 deficiencies as evidenced by the significant presence of sand and silt as well as holes to the well casing; and
WHEREAS, the approved emergency work at Well No. 19 has been completed and the well was approved by the State Water Resources Control Board, Division of Drinking Water to go back into operation on July 31, 2022; and
WHEREAS, there is no more need to continue the emergency action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
City Council Regular Meeting - Page 347 of 472
2 Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. That the City Council terminates the emergency action at Well No. 19 and finds that any remainder of the emergency action may be completed by submitting the Notice of Completion and file all necessary documentation to close out the project.
Section 3. That the City Council authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 5. The City Clerk shall certify as to t he adoption of this City Council Resolution.
PASSED, APPROVED and ADOPTED this 20th day of September, 2022.
______________________________
Jorge Casanova
Mayor
ATTEST:
___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 348 of 472
3 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby cert ify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on th e 20th day of September 2022, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, t rue and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th _day of September 2022.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 349 of 472
Agenda Item # 20.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Noel Tapia, City Attorney
SUBJECT:
CONSIDERATION OF A RESOULTION PROCLAIMING A LOCAL EMERGENCY,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM, FINDING THAT THE PROCLAIMED STATE OF EMERGENCY
CONTINUES TO IMPACT THE ABILITY TO MEET SAFELY IN PERSON, AND
DECLARING THAT THE CITY COUNCIL AND CITY COMMISSIONS AND
COMMITTEES WILL COTINUE TO MEET REMOTELY IN ADHERENECE WITH AB 361 IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC Recommendation:
Staff is recommending that the City Council adopt a City Council Resolution entitled: “A Resolution Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person, and Declaring that the City Council and City Commissions and Committees Will Continue to Meet Remotely in Adherence With AB 361 in Order to Ensure the Health and Safety of the Public”
Background:
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus (COVID-19). Among these were several Executive Orders N-25-20, N-29-20, N-35-20 (collectively, the Brown Act Orders) that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of city councilmembers, staff, or the public at local agency meetings.
On September 16, 2021, Governor Newsom signed Assembly Bill AB 361 (Rivas, 2021), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar, but not identical to the rules and procedures established by the Brown Act Orders.
Discussion and Analysis:
City Council Regular Meeting - Page 350 of 472
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus (COVID-19). Among these were several Executive Orders N-25-20, N-29-20, N-35-20 (collectively, the Brown Act Orders) that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of city councilmembers, staff, or the public at local agency meetings. Specifically, the orders:
• Waived the requirement that local agencies provide notice of each teleconference location from which a member of the legislative body will be participating in a public meeting; • Waived the requirement that each teleconference location be accessible to the public; • Waived the requirement that members of the public be able to address the legislative body at each teleconference conference location;
• Waived the requirement that local agencies post agendas at all teleconference locations; and, • Waived the requirement that at least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.
On June 11, 2021, the Governor issued Executive Order (EO) N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinds the Brown Act Orders, effective September 30, 2021.
On September 16, 2021, Governor Newsom signed Assembly Bill AB 361 (Rivas, 2021), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar, but not identical to the rules and procedures established by the Brown Act Orders. The pending expiration of the Brown Act Orders and the enactment of AB 361 created some ambiguity. To provide clarification, the Governor issued Executive Order N-15-21, explaining that cities may continue to hold meetings in accordance with the Brown Act Orders until September 30, or they may hold meetings in accordance with the requirements of AB 361.
Should the City Council wish to continue meeting remotely beyond September 30 pursuant to AB 361, the City Council would be required to adopt the attached resolution. If the City Council chooses to utilize the option for remote meetings under AB 361, it can continue using the remote meeting procedures it has been using throughout the COVID-19 pandemic, subject to certain requirements that must be considered as part of the initial determination to adopt remote meeting protocols. Once adopted, the initial authorizing resolution is effective for no more than thirty (30) days.
The City may extend the authorization for an additional thirty (30) days via another resolution that makes specific findings in support of continuing remote meetings. The City may continue to extend the authorization for additional thirty (30) day increments for the duration of the declared emergency, or until the City Council decides to return to in-person meetings, or otherwise complies with the regular remote meeting requirements of the Brown Act.
To implement remote meetings under AB 361, one of three criteria must be met at the time the City is holding a meeting during a proclaimed state of emergency by the Governor that includes area within the jurisdictional boundaries of the City:
• State or local officials have imposed or recommended measures to promote social distancing; or • For the purpose of determining, by majority vote, whether as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees; or • The City Council has previously determined, by majority vote, that, as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees.
If one of these three criteria are met, then the City can conduct meetings remotely via Government Code §§ 54953(e), et seq.
If the City Council makes the required findings and chooses to meet remotely, every 30 days the City Council will be required to make findings about whether the circumstances still apply. The City Council must find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances remains:
• The City Council finds that meeting in person would present imminent risks to the health or safety of attendees; or
• State or local officials have imposed or recommended measures to promote social distancing.
City Council Regular Meeting - Page 351 of 472
If the City Council makes the findings to continue having remote meetings, the City must meet the following requirements:
1. The City must give notice and post agendas as otherwise required by the Brown Act, including directions for how the public can access the meetings;
2. Provide members of the public access to the meeting and an opportunity to address the body directly;
3. Provide members of the public the opportunity to comment in real time;
4. Suspend further action on items in the meeting agenda in the event that there is a disruption in the ability of the meeting to be broadcast to members of the public or in the ability for members of the public to comment;
Fiscal Impact:
No fiscal impact is anticipated the proposed action.
Coordinated With:
ATTACHMENTS:
Description
Reso- Continue Remote Meetings
City Council Regular Meeting - Page 352 of 472
RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF LYNWOOD PROCLAIMING A LOCAL
EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF
EMERGENCY BY GOVERNOR NEWSOM, FINDING THAT THE PROCLAIMED
STATE OF EMERGENCY CONTINUES TO IMPACT THE ABILITY TO MEET
SAFELY IN PERSON, AND DECLARING THAT THE CITY COUNCIL AND CITY
COMMISSIONS AND COMMITTEES WILL CONTINUE TO MEET REMOTELY IN ADHERENCE WITH AB 361 IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC.
WHEREAS, all meetings of the City of Lynwood City Council as a legislative body are open and public, as required by the Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City Council as a legislative body conduct their business; and
WHEREAS, th e Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings electronically with out a physical meeting place; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N -08- 21, which extended the provision of N -29-20 concerning the Brown Act and the conduct of public meetings through September 30, 2021; and
WHEREAS, since t he issuance of Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and
WHEREAS, Governor Newsom’s proclaimed State of Emergency remains in effect, and State and local officials, including the Los Angeles County Department of Public Health, have imposed or recommended measures to promote social distancing; and
WHEREAS, on September 16, 2021, California Assembly Bill 361 was signed into law, as urgency legislation that goes in effect on October 1, 2021, amending Government Code Section 54953 of the Ralph M. Brown Act to allow City Council Regular Meeting - Page 353 of 472
2 legislative bodies to continue to meet remotely during a proclaimed state of emergency, provided certain conditions are met and certain findings are made; and
WHEREAS, the Cit y of Lynwood is committed to preserving and nurturing public access and participation in meetings of the Lynwood City Council; and
WHEREAS, the City Council desires to take the actions necessary to comply with AB 361 and to continue to hold its City Council, Commission and Committee meetings remotely.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. The City Council for the City of Lynwood finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.
Section 2. The City Council hereby proclaims that a local emergency now exists throughout the City, and social distancing and condition caus ing imminent risk to attended has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to procla im a local emergency and ratify the proclamation of State of Emergency by the Governor of the State of California.
Section 3. That the City Council has reconsidered the circumstances of the State of Emergency and finds the following circumstances:
a. The factors triggering the State of Emergency continue to directly impact the ability of the members of the City Council and the City’s subordinate Commissions and Committees to meet safely in person; and
b. The State of California and the City of Lynwood continue to impose or recommend measures to promote social distancing.
Section 4. City Council and City Commission and Committee meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361 and Government Code Section ( e)(2), in order to ensure the health and safety of the public while provides access to public meetings.
Section 5. This Resolution shall become effective immediately and shall be reconsidered by the City Council in 30 days or sooner to assess the State o f Emergency and determine whether to continue with the provisions set forth in Assembly Bill 361.
City Council Regular Meeting - Page 354 of 472
3 PASSED, APPROVED and ADOPTED this_____ day of ________, 2022.
_________________________
Jorge Casanova, Mayor
City of Lynwood
ATTEST:
________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
______________________ __________________________
Noel Tapia Ernie Hernandez,
City Attorney City Manager
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the _________day of____________, 2022 and passed by the following vote:
City Council Regular Meeting - Page 355 of 472
4 AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. _________ on file in my office and that said resolution was adopted on the date and by the vote therein stated.
Dated this ______ day of ________________, 2022.
__________________________
City Clerk, City of Lynwood
City Council Regular Meeting - Page 356 of 472
Agenda Item # 21.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Harry Wong, Director of Finance & Administration
SUBJECT:
INTRODCUTION OF ORDINANCES AMENDING THE CITY’S PURCHASING AND
PROFESSIONAL SERVICES PROCUREMENT PROCEDURES AND ADOPTING A
REVISED CONTRACTING & PURCHASING POLICY
Recommendation:
Staff recommends that the City Council:
·
Introduce for first reading by title only the attached ordinances entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 6, SUBSECTION 6-3 OF THE LYNWOOD MUNICIPAL CODE” and “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 6, SUBSECTION 6-6 OF THE LYNWOOD MUNICIPAL CODE”.
·
Adopt the attached resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A REVISED CONTRACTING & PURCHASING POLICY”.
Background:
The California State Auditor performed an audit on the City’s Financial Risks. One of the recommendations was for the City to ensure that it seeks opportunities to produce goods and services at the best value and amend its municipal code require/include justification when the City Council uses its supermajority vote competitive bidding exception. Therefore, staff has amended/revised the City’s purchasing ordinance and contracting & purchasing policy, to ensure compliance before end of this calendar year .
Discussion and Analysis:
Updating sections 6-3 and 6-6 of the Lynwood Municipal Code will ensure an increased level of efficiency in the overall procurement process of equipment, supplies and services.
It is the City’s goal to strengthen its financial
management. Updating the Contracting & Purchasing Policy is essential in the City’s course of maintaining fiscal stability and the ability to provide exceptional services to the residents of the community.
City Council Regular Meeting - Page 357 of 472
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
City Manager's Office
City Attorney
ATTACHMENTS:
Description
Ordinance_Amending Chapter 6 Subsection 6-3 of the LMC
Ordinance_Amending Chapter 6 Subsection 6-6 of the LMC
Resolution
Contracting & Purchasing Policy
City Council Regular Meeting - Page 358 of 472
2 ORDINANCE NO. 17xx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 6, SUBSECTION 6-3 OF THE LYNWOOD MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 6 Subsection 6 -3 of the Lynwood Municipal Code is hereby amended in its entirety and restated to read as follows:
6-3 PURCHASING
6-3.1 Definitions:
For purposes of this section, the following words shall have the following meanings:
Agency or agencies shall mean the Lynwood redevelopment agency, the Lynwood Information Inc., the Lynwood public finance authority, the Lynwood utility authority or any other local body created by ordinance, resolution or formal action of the city council of the city of Lynwood.
Bidder's list shall mean a list of responsible prospective or current vendors capable of providing the items being bid upon.
Emergency shall mean a situation in which there is an immediate threat to life or property or when there is or would be a loss or impairment of a vital public service.
Equipment shall mean furnishings, machinery, vehicles, rolling stock, and other personal property used in the city's business.
General services means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning. General Services are services such as secretarial, janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background, training, and obtaining such services at the lowest cost is the single most important factor in selection , as opposed to personal performance.
Master Services Contract shall mean a master multi- year contract with a general scope of work for on -call services as approved by City Council. Work pursuant to a Master Services Contract approved by the City Council may be initiated pursuant to a Task Order authorized by the City Manager.
Professional/special services shall mean any work performed by an attorney, architect, engineer, land surveyor, construction manager, appraiser, expert, accounting firm , consultant or those serv ices such as computer services , security services and other services which require in addition to the use of special or specific equipment, special performance criteria, specific experience, training, personal judgment, quality of work or City Council Regular Meeting - Page 359 of 472
3 factors other than simply obtaining the service at the lowest cost to the city .
Professional/special services do not include services rendered by city officers or employees.
Purchase shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies.
Purchasing officer shall mean the City Manager or his/her designee.
Supplies shall mean office supplies , janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the city's business, excepting supplies or materials included in a construction contract or bid specification for a public works project.
Task Order shall mean authorization to perform services prescribed under a Master Services Contract from a consultant on an as needed basis. A task order shall include the specific scope of work required by the City, the compensation due for that specific scope of work, and any terms and conditions that may pertain solely to the task. 6-3.2 Centralized Purchasing System:
The City adopted a centralized purchasing system in order to establish efficient procedures for the procurement of supplies, equipment and general services for the city and its agencies; to exercise financial control over purchases ; to clearly define authority for the purchasing function and to conserve public funds through the reduction of costs. 6-3.3 Purchasing Officer Duties:
a. The City Manager is hereby appointed and shall serve as the city purchasing officer.
The City Manager shall have the authority to delegate in whole or in part to qualified city officers or employees the responsibilities and authority for carrying out all aspects of the purchasing system , provided that the C ity Manager maintains oversight and receives monthly reports regarding the pur chasing function from all such designees. The City Council hereby authorizes the City Manager to establish and maintain written administrative regulations and standards consistent with this article , which incorporate and implement the City's purchasing and contracting procedures, including an implementation of the purpose, goals and requirements of this Code. b. Subject to the provisions of this section, the duties and responsibilities of the purchasing officer shall include, but not necessarily be limited to, the following;
1. To prepare, distribute and maintain administrative regulations and procedures consistent with the provisions of this code governing the purchase of supplies, equipment and general services for the city and its agencies;
2. To prepare, distribute and maintain administrative regulations and procedures consistent with this code for the sale of surplus property;
3. To purchase or contract for all supplies, equipment and general services needed by the city and its agencies in accordance with purchasing rules, regulations and procedures as provided for in this section and such other rules and regulations as shall be prescribed; City Council Regular Meeting - Page 360 of 472
4 4. To procure for the city and its agencies the highest quality in supplies , equipment and general services at the least expense;
5. To discourage uniform bidding and to endeavor to obtain as full and open competition as possible on all purchases and sales;
6. To keep informed of current developments in the field of purchasing, prices, market conditions and new products;
7. To ensure the inspection of all supplies and equipment purchased to guarantee conformance with specifications and adherence to standards of quality , including, as required, chemical and physical tests of samples submitte d with bids and samples of deliveries to determine conformance with specifications set forth in the order;
8. To direct the transfer of surplus or unused supplies and equipment between departments as needed;
9. To sell all supplies, equipment and other property of the city and its agencies which has been declared surplus or which has become unsuitable for use by the city or its agencies;
10. To maintain financial and other records as necessary for the efficient operation of the purchasing system;
11. To prescribe and maintain such forms as are necessary for administration of the purchasing system.
6-3.4 Appropriated Funds Prerequisite To Contract Or Purchase Order:
Except in cases of emergency, the purchasing officer shall not issue any purchase order nor award any contract for supplies, equipment, general services or professional/special services unless there exists an available, non-committed balance in the account against which the purchase is to be charged . Subject to budgetary restrictions , the purchasing officer may transfer funding from other sources to ensure sufficient balances to the extent that such transfers are normally allowed without city council approval. The purchasing officer shall obtain city council approval for additional funds for purchases lacking the available uncommitted funding.
6-3.5 Estimates Of Requirements:
All city departments and agencies must file detailed estimates of their requirements for supplies, equipment or general services in such manner, and at such times, and for such future period(s) as the purchasing officer shall prescribe. 6-3.6 Requisitions And Purchase Orders:
a. Except as permitted under subsection 6-3.7b1 of this section, any city department or agency requesting supplies, equipment or general services shall submit to the purchasing officer a requisition on the purchasing officer's approved form prior to initiating any procurement.
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10 b. Except as permitted under subsection 6-3.7b1 of this section, purchases of supplies, equipment and general services shall be made only by purchase orders issued by the purchasing officer and any other contractual document he or she determines is necessary.
To the extent possible, purchase orders must be entered into for the entire fiscal year's worth of purchases, or for the entire length of the approved contract. 6-3.7 Bidding Procedures And Purchasing Authority Limits:
a. There are three (3) levels of authority for purchases which are determined by dollar amount: department director purchase, open market purchase and formal bid purchase.
Except as specifically permitted otherwise by the provisions of this section , a formal purchase order , approved by the requesting department director and the purchasing officer or his/her designee is required for all purchases where any sing le item/purchase exceeds five thousand dollars ($5,000.00), in advance of the procurement. For purchases equal or less than five thousand dollars ($5,000.00), no purchase requisition, purchase order or bidding procedures shall be required, provided the initiating department keeps a record of such purchases and exercises reasonable prudence in seeking the best price in purchasing such items. All such purchases shall be made with the existing budget, using the available and uncommitted balances.
b. When making purchases for supplies , equipment, general services or professional/special services, the following procedures shall be followed:
1. Department Directors, Director of Public Works and City Manager Purchases:
(a) Any department director may authorize the purchase of supplies , equipment or general services as needed for his or her area of responsibility for purchases up to ten thousand dollars ($10,000.00).
(b) Director of Public Works may authorize for purchases up to thirty thousand dollars ($30,000.00) for contracts of construction projects.
(c) Purchase requisition and purchase order are required for purchases between five thousand and one dollars ( $5,001.00) and thirty thousand dollars ($30,000.00), but no bidding procedures are required, provided the department director keeps a record of such purchases and exercises reasonable prudence in seeking a minimum of three (3) price quotes in purchasing such items. All such purchases shall be made with the existing budget, using the available and uncommitted balances.
(d) City Manager may authorize purchases up to fifty thousand dollars ($50,000.00).
Purchase requisition , purchase order , as well as informal bidding or proposals are required, City Manager’s office needs to keep a record of such purchases and exercises reasonable prudence in seeking minimum three (3) informal bids/proposals in purchasing such items. For purchases equal or less than five thousand dollars ($5,000.00), no purchase requisition, purchase order or bidding procedures shall be required, provided the City Manager keeps a record of such purchases and exercises reasonable prudence in seeking the best price in purchasing such items. All such purchases shall be made with the existing budget, using the available and uncommitted balances. (e) Purchase orders may be issued regardless of amount when required by the vendor, or when the complexity of the transaction demands a formal document for clarity.
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11 2. Council Approved Purchases between Fifty Thousand and One Dollars ($50,001.00) and Two Hundred Thousand Dollars ($200,000.00):
(a) Purchases of supplies, equipment, general services, or professional/special services where the dollar amount involved is between fifty thousand and one dollars ($50,001.00) and two hundred thousand dollars ($ 200,000.00) require council approval.
Purchase requisition , purchase order, as well as informal bidding or proposals are required, City Manager’s office needs to keep a record of such purchases and exercises reasonable prudence in seeking a minimum of three (3) informal bids/proposals in purchasing such items. All such purchases shall be made with the existing budget, using the available and uncommitted balances.
3. Formal/Competitive Bid Purchases: Except as otherwise authorized in subsection 6-
3.12 of this section, or as related to professional/special services under subsection 6-3.9, purchases of supplies, equipment, or general services in excess of two hundred thousand dollars ($200,000.00) shall be by formal competitive bid in accordance with the following provisions:
(a) Published Notice: A notice inviting bids shall be published at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published on the City’s website, a well-known internet platform or in a newspaper of general circulation printed and published in the city, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the purchasing officer deems appropriate may be made.
(b) Notice Inviting Bids: Notices inviting bids sh all include a general description of the supplies, equipment, or general services to be purchased , state where bid forms and specifications may be secured and the time and place for the opening of bids and any other information material to the submission of a bid.
(c) Bidder's List: The purchasing officer shall maintain a list of qualified/responsible bidders for various categories of supplies or equipment. A solicitation for a bid shall be sent to all qualified/responsible prospective contractors or suppliers whose names are on the bidder's list for the category of equipment, supplies, or general services subject to the bid request.
(d) Bulletin Board And Website: The bid invitation shall be posted on a public bulletin board in city hall and shall also be posted on the city's website. (e) Bid Submission Procedure: Sealed bids shall be submitted to the purchasing officer or to the city clerk , as determined by the purchasing officer and set forth in the notice inviting bids. Sealed bids shall be identified as to bidder, project, and bid on the envelope. (f) Bid Opening Procedure: Bids shall be opened by city staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received, and shall be open for public inspection during regular business hours for a period of not less than thirty (30) days after the bid opening. (g) Rejection Of Bids: In its discretion, the city council may reject any bids presented and may re-advertise for bids.
(h) Tie Bids: If two (2) or more bids received are for the same total amount or unit price, City Council Regular Meeting - Page 363 of 472
12 quality and service being equal , the council may accept either bid, or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening. (i) No Bids: If no bids are received, the city council may have the supplies, equipment or general services purchased in the open market without further compliance with the bidding procedures specified in this subsection.
j) Performance Bonds: The city council may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
(k) Bid Evaluation Procedures: All bids shall be analyzed by purchasing officer and the department director requiring the supplies, equipment or general services for compliance with bid specifications, and the purchasing officer shall prepare a recommendation to the department for award or rejection . The department director shall then prepare a recommendation for award or rejection to the city council. (l) Award Of Contracts: Contracts shall be awarded by the city council to the lowest qualified/responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the notice inviting bids. All such contracts shall require the signature of the mayor, or in his/her absence, the mayor pro tempore, pursuant to the provisions of Government Code sections 40601 and 40602. (m) Refusal to Comply with or Failure to Execute Awarded Bid: If a successful bidder refuses to comply with, or fails to execute, a contract issued by the City within 10 days after being awarded the contract, the City may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of in surance documentation. Should this occur, the City Council may award the contract to the next lowest qualified/responsible bidder.
c. The City Manager shall prepare and submit reports detailing all department director and open market purchases to the City Council on a monthly basis. d. The purchasing procedures described in this subsection shall not apply to public works projects/contracts, professional/special services contracts or to any employee or officer expenditures or reimbursements involving travel, education or per diems. 6-3.8 Report And Sale Of Obsolete And Surplus Supplies And Equipment:
a. All city departments and agencies shall submit to the purchasing officer, at such times and in such form as he/she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. b. The purchasing officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for use by the city or its agencies or to exchange or trade in the supplies and equipment for new supplies and equipment. Such sales shall be made pursuant to those provisions of this section which are applicable.
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13 6-3.9 Professional/Special Services:
a. Qualifications: In contracting for professional/special services, such contracts should only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed.
Cost: Once the department or agency requesting the professional/special service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The city's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available , unique skills, staffing levels, timing, prior experience, past working relationship , and other factors required by the department or proposed by the contractor.
b. Request For Proposal/Qualifications: The acquiring of professional/special services shall be procured through a negotiated contract and should include requests for proposals/qualifications (RFP/Q) . Soliciting bids for professional/special services is decentralized and shall be the responsibility of the department director requesting the service. The purchasing officer may be contacted to assist in the formal request for proposal/qualification (RFP/Q) process.
c. Contracts For Fifty Thousand Dollars ($50,000.00) Or Less:
1. In nonemergency situations, the requesting department should exercise reasonable prudence in seeking a minimum of three (3) consultants/firms for written quotes.
2. Unless the city council authorized the entering into or the award of a specific contract for professional/special services, the purchasing officer shall approve in writing the award of all such contracts , taking into consideration the recommendation of the department director requesting the professional/special services at issue.
3. The purchasing officer or his/her duly authorized designee is authorized to approve professional/special service contracts with an estimated cost of fifty thousand dollars ($50,000.00) or less.
d. Contracts Between And Including Fifty Thousand And One Dollars ($50,001.00) And Two Hundred Thousand Dollars ($200,000.00):
1. In nonemergency situations, the requesting department should exercise reasonable prudence in seeking a minimum of three (3) consultants/firms for informal bids/proposals.
2. The city council shall review and approve the award of all such contracts, taking into consideration the recommendation of the staff recommendation of the professional/special services at issue.
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14 e. Contracts For Two Hundred Thousand and One Dollars ($200,001.00) or more: In nonemergency situat ions, departments should utilize the following process to sealed request for formal proposals:
1. RFPIQ Solicitation Process: A formal sealed request for proposal/qualification (herein "RFP/Q ") document should be developed for solicitation of professional services contracts over two hundred thousand dollars ($200,000.00).
2. Advertisement: The department should advertise in appropriate publications and/or use the professional services listings, as available, during the solicitation process.
3. Fourteen To Twenty One Day Notice : Notice inviting RFP/Q 's should be posted at city hall and on the city's website at least fourteen (14) calendar days before the due date of submission of the RFP/Q.
4. Notice Contents: The notice shall at least describe the general type of service needed, how the RFP/Q minimum scope of work can be obtained , the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP/Q.
5. Solicitation Procedure: Sealed request for proposals/qualifications should be submitted directly to the requesting department. RFP/Q's need not be opened publicly.
Departments shall analyze proposals for compliance with RFP/Q requirements, value of the total scope of services and make a recommendation to city council for selection, or for follow up interviews of those submitting proposals.
6. Award: Contracts for professional/special services in excess of two hundred thousand dollars ($200,000.00) require the approval of the city council and the signature of the mayor, or in his/her absence, the mayor pro tempore , pursuant to the provis ions of Government Code sections 40601 and 40602.
f. Standard Form: Contracts for professional/special services sh ould be on the city 's standard form and shall be reviewed and approved as to form by the city attorney. 6-3.10 City Manager Authority:
The City Manager or his/her duly author ized designee sha ll be authorized to sign on behalf of the city all purchase orders or contracts for procuring supplies, equipment, and general services and professional/special services that do not include any legal or consulting services, which do not exceed a total contract or purchase order amount of fifty thousand dollars ($50,000) in any one -year period. This section shall not be construed to limit or otherwise restrict the authority delegated by the City. 6-3.11 Splitting Purchases Or Contracts:
No officer or employee of the city or its agencies shall split or separate a pur chase of supplies, equipment or a contract o r purchase order for general services or professional/special services for the purpose of evading the provisions of this section.
The acquisition of supplies, equipment and general services should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer.
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15 6-3.12 Exceptions:
a. Any provisions of this section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies , equipment, general or professional/special services under any of the following circumstances:
1. When an emergency requires that an order be placed with the most available source of supply; or
2. When there is a market shortage of certain goods or services; or
3. When the supplies, equipment, services or contract could be obtained from only one source;
4. Intergovernmental services;
5. Utilities;
6. Bond issuance; or
7. Legal services
b. These exceptions shall not apply to contracts for construction work of public works projects (refer to LMC Chapter 6-6).
6-3.13 Sales Of Personal Property:
Personal property of the city which has been determined by the city council to be surplus to the needs of the city may be sold by the purchasing officer either in the form of a trade in for credit against the purchase of new personal property similar in character or through public sale which shall be noticed and conducted in the manner deemed most appropriate by the purchasing officer.
6-3.14 Change Orders:
a. After the effective date of any contract executed on behalf of the city for the purchase of equipment or supplies, the retention of professional or other services , or construction work on a public works projects (refer to LMC Chapter 6 -6), the City Manager shall have authority to approve in writing any modification involving an addition to, deletion from, or revision in any item in such contract, including, without limitation, plans, specifications and extra work, and change orders relating to the nature or quantity of services , equipment, supplies or work, in accordance with the 1991 edition or latest revision of the "Standard Specification For Public Works Construction ", subject to the following limitations : The dollar amount of all such modifications or change orders relating to any one contract shall not exceed fifty thousand dollars ($50,000.00) of the original contract price. Any modifications or change orders above this amount shall require city council approval. b. The authority herein conferred upon the City Manager may, in the sound discretion of the City Manager, be delegated in whole or in part to a department director, manager or other designated employee or agent of the city.
c. An appropriate contract change order form shall be used for approval of change City Council Regular Meeting - Page 367 of 472
16 orders. The fo rm shall detail the reasons for the proposed change , description of the change, change in contract cost , extension in contract time (if warranted) , and new contract total cost including all prior change orders. The contract change orders shall be signed by the project manager, contractor, department director and City Manager. d. In connection with any specific contract where the circumstances so warrant, the city council may, by resolution, authorize the City Manager to exceed the specific dollar amount limitation set forth in subsection 6-3.15 of this section.
If a proposed contract modification, change order or request for extra work exceeds the limitations imposed upon the City Manager by this section or by resolution , and any extended delay in obtaining city council approval is reasonably determined to subject the city to liability for damages incurred by a contractor, or to jeopardize the public health, welfare or safety, or to otherwise result in potential detriment to the city, then the City Manager shall have authority to exceed the dollar amounts or percentage limitations specified herein.
6-3.15 Master Services Contracts and Task Orders:
Task Orders shall be issued pursuant to a Master Services Contract with a specific scope of work and would require council approval and authorization for the Purchasing Officer to execute and amend on such Task Order for individual projects of up to two hundred thousand dollars ($200,000.00). Task Orders shall not be issued or amended for an initial or accumulated amounts exceeding two hundred thousand dollars ($ 200,000.00). Formal Request for Qualification s/Proposals/Bids process shall be required for amounts exceeding two hundred thousand dollars ($200,000.00).
6-3.16 Recycled Products Procurement Policy:
a. Purpose: It is the intent of the city to maximize its use of recycled resources. b. Definitions:
1. Recycled product:
(a) Except as provided in subsection (b) of this definition, "recycled product" means all materials, goods, and supplies, no less than fifty percent (50%) of the total weight of which consists of secondary and postconsumer material with not less than ten percent (10%) of its total weight consisting of postconsumer material. A recycled product shall include any product that could have been disposed of as solid waste having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of its form.
(b) "Recycled product" also means other flat rolled steel products no less than twenty five percent (25%) of the total weight of which consists of secondary and postconsumer material, with not less than ten percent (10%) of total weight consisting of postconsumer material. Products made with flat rolled steel meeting these content percentages include, but are not limited to, automobiles, cans, appliances, and office furniture and supplies.
2. Postconsumer material means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes.
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17 3. Secondary material means fragments of finished products or finished products of a manufacturing process that has converted a resource into a commodity of real economic value, and includes postconsumer material, but does not include excess virgin resources of the manufacturing process.
4. Recycled paper product:
(a) "Recycled paper product " means all paper and wood pulp products containing postconsumer and secondary materials , as defined in this definition . " Postconsumer material" means a finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. "Secondary material " means fragments of finished products or finished products of a manufacturing process , which has converted a virgin resource into a commod ity of real economic value , and includes postconsumer material , but does not include , fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls (mill broke) , wood slabs , chips, sawdust, or other wood residue from a manufacturing process.
(b) "Recycled paper product" also means a paper product with not less than fifty percent (50%), by fiber weight, consisting of secondary and postconsumer material with not less than the following percentage of fiber weight consisting of postconsumer material:
(1) For high speed copier paper , offset paper, forms bond, computer printout paper , carbonless paper, file folders, white wove envelopes, and for other uncoated printing and writing papers, such as writing and office paper, book paper, cotton fiber paper containing twenty-five (25) to seventy five percent (75%) cotton fiber, and cover stock, the minimum content standard shall be no less than thirty percent (30%) of fiber weight of postconsumer materials.
c. Purchase Of Recycled Products Required Where Fitness And Quality Being Equal , And Cost No More Than Equal, To That Of Nonrecycled Products:
1. Recycled Products Generally : Fitness and quality being equal , the city and its departments shall purchase recycled products instead of nonrecycled products whenever available at no more than the total cost of nonrecycled products.
2. Recycled Paper Products:
(a) General Requirement: Fitness and quality being equal, the city and its departments shall purchase recycled paper products instead of nonrecycled paper products whenever available at no more than the total cost of nonrecycled paper products. (b) Amount To Be Purchased: At least fifty percent (50%) of the total dollar amount of paper products purchased or procured shall be a recycled paper product. In addition , at least twenty-five percent (25%) of the total fine writing and printing paper purchased or procured shall be a recycled paper product.
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18 (c) Preferences Allowed: The city and its departments may give preference to the suppliers of recycled paper products. The city and its departments may define the amount of this preference.
(d) Bidding Preferences: In bids in which the city has reserved the right to make multiple awards, the recycled paper preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of firms offering recycled paper in the contract award.
The combined dollar amount of preferences granted pursuant to this section and any other provisions of law shall not exceed one hundred thousand dollars ($100,000.00). (e) Exception To Preference Provisions: Notwithstanding the above provisions , the recycled paper bidder preference shall not exceed fifty thousand dollars ($50,000.00) if a preference exceeding that amount would preclude an award to a small business that offers nonrecycled paper products and is qualified in accordance with section 14838 of the Government Code . This provision shall apply only when the small business is the lowest responsible bidder or is eligible for contract award on the basis of application of the five percent (5%) business preference.
d. Bidding Requirements:
1. Bidders Must Specify Recycled Product Percentages: All local public agencies shall require the bidder to specify the minimum, if not exact, percentage of recycled product in the products offered, both the postconsumer and secondary waste content regardless of whether the product meets the required percentage of "recycled product" as defined in subsection 6-3.16b1 of this section.
2. Bidders Must Specify Recycled Paper Product Percentages: All local public agencies shall require the bidder to specify the minimum if not exact, percentage of recycled paper product in the paper products, and both the postconsumer and secondary waste content regardless of whether the paper product meets the percentage of required "recycled paper product" as defined in subsection 6-3.16b4 of this section. The contractor may certify zero recycled product.
e. Impact On Contract Provisions:
1. Provisions Relating To Consideration Of Products W ith Recycled Product: All contract provisions impeding the consideration of products with recycled product shall be deleted in favor of performance standards.
2. Provisions Relating To Consideration Of Products With Reclaimed Paper Content:
All contract provisions impeding the consideration of products with reclaimed paper content shall be deleted in favor of performance standards. All printing contracts made by the city or its departments shall provide that the paper used shall meet the requirements of these provisions.
f. Policy: The city hereby adopts , and shall distribute to all city staff involved with purchasing or procurement, the following policy with respect to procurement of recycled products. In the event of a conflict between this policy and any other section or provision of subsection 6-3.12 of the chapter, however, the other section or provision of subsection 6-3.12 of this chapter shall control.
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19 SECTION 2: If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this Ordinance are declared to be severable . The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or unenforceable.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause it, or a summary of it, to be published as required by law, and it shall be effective thirty (30) days after its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Lynwood on the 20th day of September, 2022, and PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting thereof held on the 20th day of September, 2022.
APPROVED BY THE CITY MANAGER:
_______________________________________
Ernie, Hernandez, City Manager
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ORDINANCE NO. 17xx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 6, SUBSECTION 6-6 OF THE LYNWOOD MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 Subsection 6 -6 of the Lynwood Municipal Code is hereby amended in its entirety and restated to read as follows :
The city council has elected to subject the City to the Uniform Public Construction Cost Accounting Act in the performance of and contracting for public projects. The procedures contained in this section are intended to implement and be consistent with such act. (Ord. #1571, §4)
For purposes of this section, the following words shall have the following meanings:
Facility shall mean any of the following:
a. Any plant, building, structure, ground facility, real property, street, highway or other public works improvement;
b. Any utility system owned by the city, subject to the limitations found in subsection c of the definition of "public project" in this section.
Force account shall mean work performed on public projects using internal City resources, including, but not limited to, labor, equipment, materials, supplies and subcontracts of the City.
Maintenance work shall mean any of the following:
a. Routine, recurring and usual work for the preservation or protection of any facility owned or operated by the City for its intended purposes;
b. Minor repainting;
c. Resurfacing at less than one inch (l") deep of streets and highways;
d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems; and
e. Work performed to keep, operate and maintain water, power or waste disposal systems owned by the City, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.
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Public project shall mean any of the following, excluding maintenance work:
a. Construction, reconstruction, erection, alteration, renovation; improvement, demolition and repair work involving any facility owned, leased or operated by the City;
b. Painting or repainting any facility owned, leased or operated by the City; and
c. The construction, erection, improvement or repair of dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher that are part of a utility system owned by the City. (Ord. #1571, §4)
a. Public projects of thirty thousand dollars ($30,000.00) or less, for which appropriations have been approved by the Director of Public Works , may be performed by force account, by negotiated contract, or by purchase order.
b. Public projects between thirty thousand and one dollars ($30,001.00) and fifty thousand dollars ($50,000.00) shall be approved by the City Manager. The Director of Public Works is authorized to determine how and by whom the project shall be performed and the City manager is authorized to execute any contract or purchase order for the project. For public projects equal of less than fifty thousand dollars ($50,000.00), there is no bidding requirement. City Manager and/or Director of Public Works may obtain three written quotes from contractors and exercise prudent judgement to award the contract to the lowest qualified/responsible quote.
c. Public projects from fifty thousand and one dollars ($50,001.00) to two hundred thousand dollars ($200,000.00) shall be approved by the City Council and contracted for pursuant to the informal bidding procedures contained in subsection 6-6.6 of this section.
d. Public projects of more than two hundred thousand dollars ($2 00,000.00) shall be contracted for pursuant to the formal bidding procedures contained in subsection 6-6.7 of this section.
e. All contracts governed by this section shall be in a form approved by the City Attorney. (Ord. #1571, §4)
It shall be unlawful for any person to split or separate any public project into smaller work orders or projects for the purpose of evading the provisions of this section requiring work to be done by contract after competitive bidding. (Ord. #1571, §4)
a. The Director of Public Works shall develop and maintain a list of contractors, identified according to categories of work, in accordance with criteria determined by the California uniform construction cost accounting commission (the "commission") and promulgated in the "Cost Accounti ng Policies And Procedures Manual".
b. The Director of Public Works shall maintain a list of the construction trade journals, as determined for the County of Los Angeles by the commission, that are to receive mailed notice of all informal and formal construction contracts being bid for work within the county. (Ord. #1571, §4) City Council Regular Meeting - Page 373 of 472
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a. When the City intends to contract for a public project from fifty thousand and one dollars ($50,001.00) to two hundred thousand dollars ($2 00,000.00), the Director of Public Works or his designee shall mail a notice inviting informal bids to all contractors on the list for the category of work being bid, to all construction trade journals on the list, and to such other contractors and trade journals as may be requested by the city staff in charge of the project. However, if a project or service essential to the project is proprietary and can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent only to such contractor or contractors.
b. All mailing of notices inviting informal bids shall be completed not less than ten (10) calendar days before bids are due.
c. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and shall state the time and place for the submittal of bids.
d. The city council delegates the authority to award and execute contracts for public projects of two hundred thousand dollars ($2 00,000.00) or less which are let by the informal bidding procedures specified herein to the City Council upon the recommendation of the City Manager and/or Director of Public Works . In awarding such contracts, the City Council shall exercise prudent judgment in determining the lowest qualified/responsible bidder, utilizing the criteria specified in subsection 6-6.9 of this section.
e. If no bids are received, the project may be performed by negotiated contract or by City employees by force account. "No bids" means that no bids at all were received or that no bids that conform to the City's specifications were received or that no bids that conformed to the City's specifications were submitted by a responsible bidder. (Ord. #1571, §4)
a. The City Council shall adopt plans, specifications and working details for all public projects exceeding two hundred thousand dollars ($200,000.00). Any person may examine the plans, specifications or working details adopted for such projects.
b. When the city is to contract for a public project of more than two hundred thousand dollars ($200,000.00), the Director of Public Works shall prepare a notice inviting formal bids, which shall distinctly describe the project and state the time and place for receiving and opening sealed bids.
c. At least fourteen (14) days before the date of opening the bids, the Director of Public Works or his designee shall publish the notice in a newspaper of general circulation, printed and published in the city. At least thirty (30) days before the date of opening the bids, the Director of Public Works or his designee shall mail the notice to all construction trade journals on the list referred to in subsection 6-
6.5 of this section. The Director of Public Work s or his designee may also give such other notice as he/she deems proper.
d. Sealed bids shall be submitted to the City Clerk's office, or through an online procurement platform as directed by the notice, and shall be identified as to bidder, project and marked "bid" on the envelope. Bids shall be opened by the City Clerk's staff in public at the time and place stated in the City Council Regular Meeting - Page 374 of 472
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notice inviting formal bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during the city's regular business hours for a period of at least thirty (30) days after the bid opening.
e. If, after the first invitation for bids, all bids are rejected, the City may, after reevaluating the cost estimates for the project:
1. Abandon the project;
2. Re-advertise for bids in the manner described in this subsection; or
f. If no bids are received, the project may be performed by negotiated contract or by City employees by force account. "No bids " means that no bids at all were received or that no bids that conformed to the City's specifications were received or that no bids that conform to the City's specifications were submitted by a responsible bidder. (Ord. #1571, §4)
Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest qualified/responsible bidder. If two (2) or more bids are the same and the lowest, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening . The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the City Manager and/or the Director of Public Works at the time of award of the contract. (Ord. #1571, §4)
The provisions of this section 6-6 requiring formal or informal bids shall not apply when the City is able to secure a contract for a public project through piggyback procurement.
Piggyback procurement shall mean utilizing another public agency's contract or agreement to obtain more advantageous prices and terms than can be otherwise obtained on the open market.
A piggyback contract is available under which:
a. Competitive bid procedures have already been utilized, for the supplies, equipment, or services by any city, county, school district, state, and federal government or any of their respective agencies within twenty-four (24) months; or
b. Procurement agreement is made available by any city, county, school district, state, and federal government or any of their respective agencies, programs, vendors or agents allowing local governments to buy directly from suppliers through existing contracts and agreements; or
c. The City Council adopts a resolution establishing policies for purchasing.
d. The supplies, equipment, or services are supplied to the City at the same or better price as was obtained by the vendor via any city, county, school district, state, and federal government or any of their respective agencies. (Ord. #1649, §1; Ord. #1672, §1)
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6-6.9 Determining The Lowest Qualified/Responsible Bidder:
a. In determining the lowest responsible bidder, the following shall be considered, in addition to the price:
1. Quality;
2. The ability, capacity, and skill of the bidder to perform the contract or provide the services required;
3. Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference;
4. The sufficiency of the bidder's financial resources to perform the contract or provide the services; and
5. The ability of the contractor to provide future maintenance and services if essential to adequate performance. (O rd. #1571, §4)
All sealed bids submitted pursuant to subsection 6-6.7 of this section must be accompanied by a bid security in an amount equal to at least ten percent (10%) of the amount bid. A bid shall not be considered unless one of the forms of bid security specified in the California Public Contract Code section 20170 is enclosed with the bid. If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to the city, except as provided in the California Public Contract Code sections 20173 and 20174. (Ord. #1571, §4)
In awarding a contract pursuant to subsection 6-6.6 or 6-6.7 of this section, the Director of Public Works shall require a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price and a payment bond in the amount required by California Civil Code section s 9550 et seq. Such bonds shall be issued by an admitted surety insurer and be in the form of a bond, not a deposit in lieu of a bond. (Or d. #1571, §4)
a. In cases of emergency when repair or replacements are necessary the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice to let bids for contracts. The work may be done by day labor under the direction of the City Council, by contract, or by a combination of the two. The provisions of California Public Contract Code section 22050, including, but not limited to, the City Council finding substantial evidence of an emergency prior to taking emergency action, shall apply when notice for bids to let contracts in emergency situations is not given.
b. The City Council may delegate by resolution the authority to order any action pursuant to paragraph (1) of subdivision (a) of California Public Contract Code section 22050 to the City Manager or Director of Public Works, who shall report to the City Council at its next meeting the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.. (Ord. #1571, §4)
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The city may utilize the bidding procedures set forth in subsection 6-6.3 et seq., of this section when contracting for maintenance work. (Ord. #1571, §4)
Pursuant to Public Contract Code section 22020, the dollar amounts specified in the various provisions of this section are subject to periodic adjustment by the California uniform construction cost accounting commission. When such adjustments become effective, the city council may make the new dollar amounts applicable to the city by adopting a resolution or passing an ordinance amending the affected provisions of this section. (Ord. #1571, §4)
SECTION 2: If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction , such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this Ordinance are declared to be severable . The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more sections, subsections, subdivisions, sentences , clauses, or phrases be declared unconstitutional, invalid, or unenforceable.
SECTION 3: The City Clerk shall certify to the passage and adop tion of this Ordinance, and shall cause it, or a summary of it , to be published as required by law, and it shall be effective thirty (30) days after its adoption.
INTRODUCED at a regular meeting of the City Council of the City of Lynwood on the 20th day of September, 2022, and PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting thereof held on the 20th day of September, 2022.
APPROVED BY THE CITY MANAGER:
_______________________________________
Ernie, Hernandez, City Manager
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RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A
REVISED CONTRACTING & PURCHASING POLICY
WHEREAS, the California State Auditor performed an audit on the City’s Financial risks; and
WHEREAS, one of the recommendations was for the City to ensure that it seeks opportunities to produce goods and services at the best value and amend its municipal code require/include justification when the City Council uses its supermajority vote competitive bidding exception; and
WHEREAS, staff has revised the City’s contracting & purchasing policy, to ensure compliance before end of this calendar year; and
WHEREAS, the revised policy supersedes any prior City policy regarding contracting & purchasing. To the extent any prior Council resolution is in conflict with the revised policy, it is hereby repealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. That the City Council approves the attached revised Contracting & Purchasing Policy and directs staff to implement said policy.
Section 3. That the City Council authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.
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PASSED, APPROVED AND ADOPTED this 20th day of September, 2022.
_________________________
Jorge Casanova
Mayor
ATTEST:
________________________ __________________________
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________ __________________________ Noel Tapia Harry Wong
City Attorney Director of Finance & Administration
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City of Lynwood
Contracting and Purchasing Policy &
Procedures
)
September 20, 2022
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I. PURPOSE
This Administrative Policy and Procedure ("AP&P") is adopted for the purpose of implementing Lynwood Municipal Code ("LMC") Chapters 6-3 and 6 -6 which govern purchasing and execution of contracts (collectively, "Contracting and Purchasing Regulations"). Nothing in this AP&P may be interpreted as superseding the LMC; this AP&P is intended only to supplement the Contracting and Purchasing Regulations.
II. PURCHASING OFFICER
In accordance with LMC § 6-3.3, the City Manager is appointed and serves as the City’s purchasing officer. The City Manager exercises his authority to delegate and designate the Director of Finance and Administration as the City’s deputy purchasing officer, who shall have full authority for carrying out all aspects of the purchasing system.
III. APPLICABILITY
This AP&P implements the Contracting and Purchasing Regulations for securing all services and goods, including public works pro jects that are governed by LMC Chapter 6-6.
IV. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this AP&P. Words and phrases not given a meaning by this AP&P have the meaning set forth in the LMC.
A. "Contract" means an agreement between the City and a third -party for purchasing services or supplies. A contract includes the term "agreement"; "purchase order"; or "memorandum of understanding," and any derivations of such terms.
B. "Contracting and Purchasing Regulations" means LMC Chapters 6-3 and 6-6 which govern purchasing and execution of contracts.
C. “Department" means a city department established pursuant to the LMC Chapter 2, Administration.
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D. "Equipment" means furnishings, machinery, vehicles, rolling stock, and other personal property generally used in conducting the City's business.
E. "General Services" means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning. Examples of general services include janitorial services and secretarial services.
F. "Professional Services" (or “professional/special services” under LMC Chapter 6 -3) means any work performed by an attorney, architect, engineer, land surveyor, construction manager, appraiser, expert, account ing firm, consultant or those services such as computer services, security services and other services which require in addition to the use of special or specific equipment , special performance criteria, specific experience, training, personal judgment, quality of work or factors othe r than simply obtaining the service at the lowest cost to the city. Professional/special services do not include services rendered by city officers or employees.
G. "Purchase" includes renting, leasing, purchasing, licensing, or a trade of equipment or supplies.
H. "Request for proposal/RFP" means the competitive selection process, following a solicitation issued by the City, in which vendors are requested to submit proposals for the procurement of goods, services, work and/or materials.
I. "Request for qualifications/RFQ" means a solicitation issued by the City in which vendors are requested to submit detailed information regarding personal competence necessary for the performance of the services required, and/or the qualification of commodities for a particular use.
J. "Services" means either general services or professional services as the context demands.
K. "Supplies" means office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the city's business, excepting supplies or materials included in a construction contract or bid specification for a public works project..
V. PROCUREMENT OF SERVICES AND SUPPLIES
This AP&P implements the Contracting Regulations as to securing supplies and services; the type of contract that must be used is determined by the type of supplies or services sought by the City.
A. General Services
General services may be procured in accordance with LMC Chapters 6-3 and 6 -6. Note that the following general services may require specialized contract templates to comply with California law (consult with the City Attorney's office):
1. Landscape maintenance (may require prevailing wage);
2. Janitorial services (may require prevailing wage); City Council Regular Meeting - Page 382 of 472 City of Lynwood
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3. Hazardous waste removal (requires specialized indemnification);
4. Towing (may require specialized bidding requirements);
5. Solid waste services (separate bidding and contracting requirements); and
6. Transit services (specialized bidding and contracting requirements).
B. Professional Services
Professional services equal and under $250,000 do not require bidding under the LMC. A Department Director, however, may determine that it is desirable for the City to issue a RFQ or RFP for certain professional services. The following professional services may require specialized contracts:
1. Design professionals as defined by California law (specialized indemnification provisions; consult the City Attorney's office);
2. Attorneys;
3. Environmental consultants (specialized indemnification provisions);
4. Medical professionals;
5. Appraisal services; and
6. Surveyors and some testing consultants (may require prevailing wage; consult with the City Attorney's office).
C. Supplies
Supplies may be procured in accordance with LMC §§ 6-3 through 6-6. The supplies listed below may only be procured following the approval of the Director of Technology Services:
1. Computer software;
2. Personal computers and accessories;
3. Tablets (all components) and/or mobile carrier services;
4. Mobile phones (all components) and/or mobile carrier services;
5. Digital cameras (all components);
6. Internet service;
7. Telephone service and hardware; and
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8. Televisions (all components) and/or any audio-visual equipment.
VI. TYPES OF CONTRACTS
A. General Services Contract (includes "purchase order")
The standard four-page general services contract (Attachment No. 1) may be used for procuring services and the standard five-page general services contract (Attachment No. 2) may be used for procuring goods and supplies. These standard contracts may not be altered without approval from the City Attorney's office. A general services contract may be used for one particular transaction or multiple transactions during the term of the contract (aka a "blanket purchase order"). These contracts are designed to expedite the procurement process by simply attaching the scope of services to the contract template. No additional City Attorney approval is needed if the templates remain unaltered.
Janitorial, landscape maintenance, towing services, and other types of general maintenance services may require special bidding and contracting language (e.g., the inclusion of prevailing wage terms); consult the City Attorney's office first.
B. Professional Services Contract/Agreement ("PSA")
1. Standard PSA
The standard PSA (Attachment No. 3) may be used for procuring most professional services. See below for exceptions. Standard PSAs may be utilized for one particular task, or may be issued as an "on -call" agreement. On-call agreements allow the City to assign particular tasks to a consultant during the term of the agreement.
2. Design Professional PSA
These contracts are for engineers and architect services (consult the City Attorney's office first).
California law requires specialized indemnification language.
3. Legal Retainer PSA
Legal Retainer PSAs may only be procured by the City Council upon advice from the City Attorney.
4. Environmental PSA
Professional services secured for environmental review of certain public or private projects must use a specialized PSA. While not required, it is desirable that such services first be subject to an RFQ or RFP process to select a consultant. The Environmen tal PSA contains specialized language regarding the California Environmental Quality Act ("CEQA").
5. Medical PSA
Professional services that may utilize medical information of employees or third -persons require specialized contracts. Medical PSAs will include language related to the Health Insurance Portability City Council Regular Meeting - Page 384 of 472
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and Accountability Act ("HIPAA") along with other language required by California law. Consult the City Attorney's office first.
6. Other PSA
Appraisal services, surveying, and certain kinds of project management/testing (associated with public works projects) may require a specialized contract. The Labor Code may require such professionals to pay prevailing wage. Consult the City Attorney's office first.
VII. PROCESSING CONTRACTS
A. Purchase Orders (PO) (must include Quote Verification Page and may require General Services contract or PSA template, as determined by the Department Directors and City Manager)
POs may be used to meet unanticipated, miscellaneous, non -capital day -to-day, immediate needs of Departments that arise through the fiscal year , or multi -year construction-in-progress (CIP) projects .
These needs are those necessary to complete specific jobs and/or minimize delay in completing an overall project. To establish a PO c harge account, Departments must provide complete vendor information, established price lists, and clearly note any discounts that apply to each PO.
B. Requisitions.
Requisitions must be approved by a Department Director, or authorized designee. Department Directors are encouraged to contact the Department of Finance and Administration for time sensitive requests to ensure awareness. While all requests are important, it is important to use an actual date for requisitions (rather than designating the due date as "ASAP").
C. Encumbrance of Funds.
The Director of Finance & Administration cannot issue POs for supplies unless there is an encumbered appropriation in the fund account used for payment. A Department Director, or designee, may encumber appropriations by entering a purchase requisition in the City's Enterprise Resource Planning (ERP) system.
VIII. AUTHORITY TO APPROVE AND EXECUTE CONTRACTS
The Contracting and Purchasing Regulations provide the only means by which the City may be bound by contract. Any document that does not meet those requirements is - by California law - void. Generally, a contract becomes effective only when (1) it is in writing; (2) it is approved by an authorized decision - maker; (3) it is signed by an authorized person; and (4) it is approved as to form by the City Attorney.
A. Written Contracts
As noted, only written contracts bind the City. Verbal contracts do not bind the City. All such written contracts must comply with California law, the Contracting and Purchasing Regulations, and this AP&P.
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B. Standard Contract Terms
All contracts shall contain:
a) An effective date of agreement. This is usually outlined in the first paragraph of the agreement
b) Full legal designation of the contracting parties, if appropriate c) Contract term and termination (a clear duration). This means that the contract must have either i) a fixed termination date or, ii) if the contract is of indefinite duration, it must contain a clause giving the City the right to terminate the contract d) Relevant standard City contract terms and conditions – see Attachment Nos 1 -3 for City standard contract templates
e) Any specific clauses relevant to the particular contract f) Scope of services; as provided by consultant or thereafter negotiated g) Fees, expenses (if applicable) and payment terms
h) Reference, as appropriate, to the City’s policies regarding - Insurance
- Health and Safety
- IT Acceptable Use and Security
- Confidentiality and Data Protection
- Equipment
- Ethics
- Equality and Diversity
- Any other relevant business conduct policies enforced by the City
For the City, regardless of the department initiating the contract, the main City Hall address “11330 Bullis Road, Lynwood, CA 90262” shall always be the legal designation of the City.
The work or provision of services must not commence until the relevant contract is fully executed.
C. Authorized Decision-maker
Generally, the authorized decision-maker is (a) the City Council; (b) the City Manager; or (c) (in limited circumstances) a Department Director. Per the LMC, the City Manager is responsible for all City operations. While the City Manager may delegate authority to Department Directors to make decision regarding contracts, the City Manager (and City Council) remain responsible for a final decision.
D. Authorized Signature
California law provides that the Mayor is the only person authorized to sign contracts, unless otherwise provided by ordinance. In addition to the Mayor, the following persons are authorized to sign contracts:
1. The City Manager if authorized by the City Council, by the LMC, by resolution, or by other action approved by the City Council. Generally, the City Manager has signature authority for contracts valued at up to $ 50,000. Review staff reports and City Council meeting minutes to determine if the City Council delegated other signature authority to the City Manager for a particular matter.
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2. Department Directors for contracts valued up to $ 10,000 (or Director of Public Works for contracts of construction projects up to $30,000). Ordinarily, however, the services or supplies procured by such contracts should be identified in a Department budget which is approved by the City Council.
3. In general, approved contracts will be sent out to the other party(ies) for signature first, before being returned and signed by the City’s authorized signatories.
E. Approved as to form
The Contracting and Purchasing Regulations require that the City Attorney's office approve contracts as to form. What does that mean? It means that the City Attorney, or designee, reviewed the contract; made such changes that are desirable to protect the City, avoid ambiguities, or otherwise clarified the contract; and (in the rare events this happens) advised the City Council, City Manager, or Department Director regarding the risk involved with executing a contract containing legally undesirable language. As to the latter, the level of risk will depend upon which decision-maker will need to be fully informed by the City Attorney.
To help expedite the contract process, therefore, it is important that Departments either utilize the City's standard contract templates (Attachment Nos 1 -3) or consult with the City Attorney's office before procuring services or supplies (if it is apparent there may be contracting challenges from the outset).
Common services and supplies that may require City Attorney assistance on the front -end of the procurement process include computer software; public safety equipment; and specialized medical services (e.g., counselors, psychologists, or training).
IX. VALUE OF THE CONTRACT
Different rules apply depending on the total amount of the contract. Generally, the "total amount of the contract" is determined by calculating the amount that would be charged to the City for the entire term of the contract. For example, the total amount of a three-year contract, where the vendor is charging the City $9,000 per year, is $27,000. The "total amount of the contract," however, may also be related to how much risk is involved with the services or supplies.
Contracts shall not be “segmented” for the purpose of evading the procedures established in the Contracting and Purchasing Regulations or this AP&P. No officer or employee of the city or its agencies shall split or separate a purchase of supplies , equipment or a contract o r purchase order for general services or professional/special services for the purpose of evading the provisions of this section. The acquisition of supplies, equipment and routine services should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer.
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X. PURCHASING AUTHORIZATION TABLE
Authorization levels listed below are applicable to procurement of materials and services that are included in the current year adopted budget.
CITY OF LYNWOOD PURCHASING
Purchase
Amount
Procurement Contract Type Approval
Level
$1- $5,000 No Specific
Requirements;
Competitive
bidding to be used
whenever practical
Purchase Order (PO) not required, but may
be issued upon request
Supervisor or
Manager
$5,001- $10,000 3 Written Quotes Purchase Order (PO) & Standard General Services Contract if applicable; For
professional services, Standard Professional
Service Agreement (PSA)/ Specialized
Technical Proposal for Service is required
Department
Director
$10,001- $30,000 3 Written Quotes Purchase Order (PO) & Standard General Services Contract/Force Account/Negotiated
Contract; For professional services, Standard
Professional Service Agreement (PSA)/
Specialized Technical Proposal for Service is
required
Director of Public
Works (for
contracts of
construction
projects)
$30,001- $50,000 3 Informal
Bids/Proposals
Purchase Order (PO) & Standard General
Services Contract/Force Account/Negotiated
Contract; For professional services, Standard
Professional Service Agreement (PSA)/
Specialized Technical Proposal for Service is
required
City Manager
$50,001- 200,000 3 Informal
Bids/Proposals
Purchase Order (PO) & Standard General
Services Contract/Negotiated Contract; For
professional services, Standard Professional
Service Agreement (PSA)/ Specialized
Technical Proposal for Service is required;
PSA, PO and Bonds for Public Works
Contracts
City Council
$200,001 + 3 Formal Request
for Qualifications/
Proposals/Bids
Purchase Order (PO) & Advertised Sealed
Bids, Standard Professional Service
Agreement (PSA)/ Advertised Opened or
Sealed Technical Proposal for Service; PSA,
PO and Bonds for Public Works Contracts
and Construction Contracts
City Council
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Exception: Despite the dollar threshold, the following payments do not require competitive bidding, a contract or purchase order, but would require approval from the initiating department’s department director, and the City Manager and/or Director of Finance and Administration:
1. Intergovernmental payments;
2. Bond/note/loan payments;
3. Utility payments;
4. Award, membership and license application/renewal;
5. Refund and reimbursement;
6. Court order or legal settlement;
7. Credit card payments (refer to Lynwood’s Issuance & Use of City Credit Cards Policy & Procedures);
8. Travel and meetings (refer to Lynwood’s Travel Policy & Procedures)
XI. COMPETITIVE SOURCING
It is the policy of City of Lynwood to obtain competitive pricing, proposals or quotations on all products and services over $5,000 used by the City. All proposals and quotations received will be evaluated on the basis of quality, service, compliance to specifications and price. All awards will be made in the best interest of the City.
Any or all proposals may be rejected at the discretion of City of Lynwood’s City Council.
The competitive sourcing process is required where the product or service can be obtained from more than one source. Unless approved for sole source procurement (see guidelines in Section XII) or otherwise covered under existing contracts, all requisitioned products or services exceeding $5,001 or more individually, or as a system including multiple components, will be competitively sourced.
While participation in the competitive sourcing process favors obtaining quotes from as many qualified vendors as possible, purchases exceeding $5,000 must exercises reasonable prudence in seeking minimum three (3) price quotes in purchasing such items in adherence to the Authorization Table in Section X of this policy.
It is the policy of City of Lynwood to use whenever possible and practical, local, women-owned, minority-owned, disadvantaged, and small business vendors which are able to provide products and services of required quality on a timely basis at competitive prices. Please note that the use of Federal or State funds may h ave special requirements mandating the engagement of such business and any guidance associated with the use of such Federal or State Funds should be consulted prior to soliciting any quotes, proposals, or bids.
Each Department shall maintain a list of qualified small business and diversity vendors.
Formal, written Requests for Proposal (RFP) should be used for competitive sourcing projects in accordance with the Authorization Table in Section X. Sealed, hardcopy bids will be used when required by law, government contractual requirements, in accordance with the Authorization Table or at the discretion of the City Manager.
XII. QUOTING, BIDDING AND EXCEPTIONS TO BIDDING
In general, the Contracting and Purchasing Regulations requires the following analysis . Competitive sourcing may be conducted using the following methods, the choice of which is primarily determined by the estimated dollar value of the product or service:
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For purchases equal or less than $30,000, quotes may be obtained through an informal process (e.g. web browsing or phone calls) and documentation of the quotes is recommended but not required. Although bid documents are not required, a requisition and purchase order may be issued to document the purchase if the staff member making the purchase wishes to do so. Since the purchase may be initiated without a Purchase Order, the accounts payable process will require that the invoice be signed by an authorized signor before payment is released.
For purchases between $5,001 and $30,000 three written quotes must be obtained and a Purchase Order must be issued in accordance with the approval levels prescribed in the Authorization Table in Section X of this policy.
(2) Informal Bids
For purchases of $30,001 or more but equal or less than $200,000, a minimum of three informal bids are required in accordance with the Authorization Table in Section 3 of this policy. The bids must be documented and retained on file by the manager of the requesting department. The request for bids must be made i n a consistent manner for all vendors meaning that all vendors must receive the same information regarding specifications and requirements of the product or service. The request must also be transmitted to the vendors in a consistent manner (e.g. mail, email, or verbal quote).
If a successful vendor fails to execute a contract issued by the City within 10 days after being awarded the contract, the City may cancel the award. Compliance with contract requirements includes, without limitation, submission of insurance documentation. Under this scenario, the Director of Finance and Administration may award the contract to the next lowest -responsible bidder. (3) Formal Bids
For purchases of $ 200,001 or more, Bids/Proposals shall be solicited from a minimum of three vendors in accordance with the Authorization Table in Section X of this policy. A Request for Proposal (RFP) must be used to document the specifications and requirements of the produ ct or service. The bids must be received from the vendors in written form and retained on file by the manager of the requesting department, or designee. (4) Sealed Bids
For purchases of $ 200,001 or more for Maintenance and Service agreements, Professiona l services, and for Equipment, Material and Supply Purchases, a formal RFP / sealed bid process is required . C ontracts for the purchase of supplies, equipment, or general services shall be awarded to the lowest qualified/responsive and responsible bidder under LMC §6 -3.7(b)(3)(l), however, contracts for professional/special services may be awarded in the best interest of the City in accordance with LMC §6-3.(a). A Request for Proposal (RFP) or Request for Bids (RFB) must be used to document the specificati ons and requirements of the product or service. Further, for purchases of $200,001 or more for Construction and Capital Improvement Projects a formal RFP / sealed bid process is required, and contracts shall be awarded to the lowest responsible bidder per LMC §6-6.8. However, eligible design build projects under Public Contract Code §22160 et seq. may be awarded to the bidder providing the best value to the City. Sealed bids must be publicly advertised. The City shall strive to obtain the best value in awarding contracts, service agreements, and purchase agreements. The following subsections specify certain procedures based on the following four categories:
Capital Improvement Projects
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Maintenance and Services Agreements
Professional Services Agreements
Equipment, Materials and Supplies Purchases
A. The City's formal bidding requirements under LMC § 6-3 and 6-6 include:
1. Develop Purchase Specifications . To initiate the formal bid process, the requesting Department must develop specifications for the services or supplies to be purchased and prepare bid solicitations. Department of Finance and Administration may assist requesting Departments if requested.
2. Notice Inviting Bids. The notice inviting bids must generally describe the purpose of the contract; identify security required for the bid (if needed); how bid specifications can be obtained; any evaluation criteria that will be used to evaluate the bids; the form and amount of any required performance bond; and designate the time and place for opening bids. The notice inviting sealed bids must be posted at City Hall and distributed (either electronically or otherwise) at least 14 days before the date of the opening of bids.
3. Amending the Notice Inviting Bids. If an error has occurred or a change in the requirement is made which requires that the bid solicitation be amended, the Department Director is responsible for making that amendment. Upon making the amendment, the Department Director must immediately notify prospective bidders of the a mendment. This information may first be given orally; an amendment to a bid solicitation must always be made or confirmed in writing.
Copies must be sent to all parties who received copies of the original invitation.
Issuing an amendment may require postpo ning the opening date for prospective bidders to have reasonable time to prepare bids using the new information.
Generally, the time of the opening may be postponed by the number of days, which have passed between the date of the invitation and the date of the amendment. The notice of postponement may be combined with the basic amendment.
4. Alternate Bids. In the event that the Purchase specifications cannot be definitively expressed, the solicitation of bids may allow for the submission of alternate bids (generally, alternate bids offer a close substitute). The language in the bid solicitation must be appropriate and sufficiently allow all bidders an equal opportunity to bid on or offer an alternate; otherwise, the bids cannot be accepted.
Alternate bids s hould be considered carefully as they do pose certain disadvantages, including:
• Difficulty in determining whether the offered alternate will give the required service.
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• Bidders not competing on a common basis. This is particularly true if a blanket alternate is allowed. If the City feels that it must allow an alternate, it may permit, whenever possible, alternates on a specific part of the specification and not a blanket alternate.
Alternate bids can only be accepted if they represent a comparable, or better, quality product to that specified.
Alternate bids should never be accepted for lower quality products than those specified. Acceptance of alternate bid products must always stand the test of comparability when evaluated by the competition.
Comparability must include the product itself, warranty, function, size, etc.
5. Bidder's Security. The Director of Finance and Administration may require bidders to secure bids and performance in a form approved by the City Attorney.
Unsuccessful bidders are entitled to the return of bid security within 60 days after the date of the award.
6. Bid Submittal. The Director of Finance and Administration , or designee, must solicit sealed bids from all prospective bidders whose names are on the bidder's list, or who have requested their names to be added to the bidder's list, and any other source known to the Director of Finance and Administration. If no bids are received, the Department Director must notify the City Council at a City Council meeting.
7. Safeguarding Incoming Bids. All bids received before the bid opening date must be kept in a safe and secure place. Bids either received through the mail or h and delivered by a person, must be date/time stamped in; recorded (on the appropriate bid receipt form); and placed in a file in the Director of Finance and Administration's, or designee's, office to be opened at the time and place specified in the bid.
8. Withdrawal of Bids. A bid may be modified or withdrawn by written or telephonic notice from the bidder, if the notice is received before the time set for the opening.
In the event a bid withdrawal is requested, the notice should be attached to the bid and the bid held unopened until the time of award. It may then be returned to the bidder unless other disposition is requested or agreed to by the bidder. A bid may not be modified or withdrawn after the opening time and date for opening the bids.
9. Bid Opening Procedure. Bids must be submitted to the purchasing agent in a sealed envelope and be clearly marked as a bid along with the bidder's name and project number written on the outside of the envelope. The Department Director for the Department responsible fo r requesting the contract must designate an individual to publicly open properly submitted bids at the time and place stated in the notice inviting bids. A written record and tabulation must be made at the time all bids are received and then opened; this information must be available to the public for inspection during regular City business hours for at least 30 days after the bid opening. No bids may be accepted after the deadline specified in the notice inviting bids. Late bids should be held unopened and returned to the bidder or otherwise disposed of as the bidder requests or agrees.
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10. Bid Evaluation & Recommendation to City Council. Bids may be evaluated based upon bid amount, compliance with bid specifications, responsibility of the bidder, and any other reasonable matter identified in the notice inviting bids, the LMC, or any other rule or regulation promulgated to implement Chapter s 6-3 and 6 -6.
Based upon its evaluation, the requesting Department will make a recommendation to the City Council regarding the award of a contract (see Section XIII of this AP&P regarding vendor selection).
• Rejection for Non -conformance. Refer to the RFP template fo r instructions on rejection for non-conformance.
• Entities or individuals may be retained to assist the City in drafting and/or preparing RFPs/RFQs; these individuals/entities may neither submit an RFP/RFQ nor be selected for the bid award.
• A bidder is entitled to submit only one bid for consideration.
11. Bid Irregularities. There are occasions when a bid contains irregularities such as incomplete submittals; unsigned bids; qualifications made to the bid; alterations of the Bid Form; submittals on unauthorized forms; or claimed mistakes.
Generally, minor irregularities are those that substantially comply with the bid requirements and do not affect the bid price, time, or conditions. Examples include: bids where a unit price is wrong, but the total price is correct; bids where a signature was found on other documents included in the bid package; bids containing erasures; and bids with obvious mathematical errors. Material irregularities in the form or content of a bid affect the bid price or time and give the bidder making the irregularity an advantage or benefit over another bidder.
Examples of material bid irregularities include: failure to list subcontractors; failure to sign the bid; failure to timely submit the bid; and deviations from plans and specifications.
The decision-maker may waive minor irregularities. Material irregularities, however, cannot be waived. Any questions regarding bid irregularities should be referred to the City Attorney's office for advice on whether the irregularity can be waived.
12. Rejection of All Bids. The Department Director may reject, in writing, all bids that are unreasonable; determined to be collusive; or where rejection is in the best interest of the City. Examples include (1) before award, if it is determined that the Supplies are no longer needed; (2) if it appears that the specifications should be revised; or (3) if the invitation did not provide for consideration of all factors of cost to the City (e.g., where the cost of transporting City furnished material to the bidder's plant was not mentioned as a factor in the invitation).
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13. City Council Review.
Bids must be submitted to the City Council. Upon submittal and review, the City Council may approve the lowest qualified/responsible bidder or reject all bids. In making its determination, the City Council may waive any minor bid irregularities. If the City Council rejects all bids, the item may be re -bid. If the City does not receive any bids, the City Council may abandon the Purchase; authorize rebidding the Purchase on an informal basis; or authorize purchasing the Supplies on a direct negotiated contract.
14. Tie Bids. If two or more qualified/responsible bids received are for the same total amount or unit price - and the quality and service offered are the same - the City Council may accept one of them or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening .
15. Notification to Unsuccessful Bidder(s). All unsuccessful bidders should be notified that their bids were not accepted. This notification can be accomplished either verbally or in writing. If the bidder responds with a request for additional information about the award it may be furnished with the name and address of the successful bidder together with the contract price.
16. Refusal to Comply With or Failure to Execute Awarded Bid.
If a successful bidder refuses to comply with, or fails to execute, a contract issued by the City within 10 days after being awarded the contract, the City may cancel the award and retain any bid security. Compliance with contract requirements includes, witho ut limitation, submission of insurance documentation. Should this occur, the City Council may award the contract to the next lowest qualified/responsible bidder.
B. Exceptions to bidding. Bidding is not required as set forth in LMC § 6-3.13.
XIII. SELECTION OF VENDORS
A. Departments are encouraged to submit vendor names to include on the Vendor List.
Requests for additions or deletions of vendors should be routed to the Director of Finance and Administration, in writing, from the Department's authorized contracting/purchasing liaison. Departments should ensure that vendors are licensed to conduct business in Lynwood (if applicable) and verify that vendors meet other applicable license and insurance requirements before selection.
B. Vendors for Professional Services should be selected based on demonstrated competence, professional qualifications, availability, and fair and reasonable costs.
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C. Except as otherwise provided, and notwithstanding the above, contracts may not be executed with a former City employee within one year of the date the former employee terminated his/ her regular employment with the City, unless authorized by the City Manager. This prohibition does not apply when: (1) a request for proposals/quotes has been submitted to at least th ree other qualified vendors capable of providing the same services/goods; and (2) the services/goods of the former employee are determined to be clearly more advantageous to the City than the services/goods of any other vendor responding to the request for proposals/quotes after considering the qualifications and costs of the former City employee and any other vendors responding to the request for proposals/quotes.
XIV. PROVIDING SELECTED VENDORS WITH INFORMATION REGARDING THE
CITY'S INSURANCE REQUIREMENTS
It is very important that each vendor be provided with information regarding the kind of liability insurance that the City will require as a condition of the contract with the City. This information should be communicated to the vendor at an early stage of the contracting process and include (1) the type and amount of insurance coverage that will be required as a condition of the contract; (2) the nature of the certificates of insurance; and (3) the nature of the insurance policy endorsement that the vendor will have to produce prior to rendering any services under the contract.
XV. CONFIRMATION OF FUNDS TO PAY CONTRACT FEES & COSTS
Department Directors must, whenever possible, consolidate the annual needs of the City or the Department to gain any quantity discount or other pricing advantage that may result from such action. The responsibility for ensuring that there are sufficient funds in the City budget to pay all of the fees and costs of a contract rests with the Department selecting and proposing the contract.
A. Purchasing Methods.
1. Check. Checks may only be processed through the Department of Finance and Administration.
2. Credit Card. Purchases made using a City -issued credit card must be in accordance with the City's Credit Card Policy (Administrative Policy Issuance and Use of City Credit Cards). For credit card Purchases, any Purchase that exceeds the transaction dollar limits, or is outside of the approved commodity or service categories, is unauthorized. Such use of the card may result in disciplinary action up to and including termination and payment for all unauthorized charges.
3. Petty Cash. Petty cash funds are to be used for expenditures that do not exceed $300.00.
Purchases made using petty cash must be in accordance with the City's Petty Cash Policy (Administrative Policy Use of Petty Cash ).
B. Payment of invoice by City. The City will pay vendors within 30-60 days after it receives an invoice. It is the Department's responsibility to ensure that vendors understand this policy.
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C. Use of Federal Award Funds. Whenever Federal Award funds are used, the criteria in Section XX must be followed in addition to the other guidelines in this AP&P.
XVI. PREPARATION OF CONTRACT
A. Contracts Approved as to Form. LMC § 6-3 and 6 -6 requires that the City Attorney approve all contracts as to form; this may be achieved in one of two ways (1) through a box on the contract document which substantially states "Approved as to Form by , City Attorney"; or (2) by an actual wet or electronic signature from the City Attorney, or designee. Contracts submitted by vendors should not generally be used for obtaining Supplies. Using such forms increases the City's costs because they require review by the City Attorney's office and could cause a delay in obtaining Supplies.
Whenever practicable, the City's standard forms should be used for purchasing Supplies.
B. Obtaining Signatures. Signature requirements for contracts vary depending on whether a vendor conducts business in the capacity of a corporation, general partnership, limited partnership, or as an individual. Where the contract is with a contractor doing business as a corporation, general partnership or limited partnership, the signature lines should always include the typed-in name and title of the person or persons executing the contract on behalf of the consultant, as well as the business name of the consultant:
1. Where the contract is with a consultant doing business as a corporation, California Corporations Code § 313 requires the contract to be signed by:
• One officer from the corporation's "operational group" consisting of the Chairman of the Board, the President, or any Vice President; and
• One officer from the corporation's "financial group" consisting of the Secretary, or Assistant Secretary, or the Chief Financial Officer or any Assistant Treasurer.
2. Where the contract is with a consultant conducting business as a general partnership or limited partnership, the contract should be signed by a least one general partner havin g apparent authority to enter into the contract on behalf of the partnership.
3. Where the contract is with a consultant doing business in their individual capacity, that individual must sign the contract. The signature lines need only include the typed-in name of the consultant, as well as the consultant's business name (when the contractor is doing business under a name other than the contractor's own name).
C. Types of Contracts. Contracts may be of fixed time duration (to cover specific need requirements for a given period of time); fixed expenditure amount (e.g., where "Not to Exceed" a given amount is written to provide a given budgetary financial limitation control on the contract); for a specific quantity (written to provide the exact known quantity needs of an item); or "open" with expenditure limitations to meet unanticipated needs.
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XVII. SUBMITTING CONTRACTS
A. To City Council. Where a contract must be approved by the City Council (with a total contract amount exceeding $50,000), the Department responsible for the contract must place the contract as an item on the agenda for review and consideration by the City Council its next available meeting.
B. To City Clerk. The original contract, together with sufficient evidence of any insurance required, vendor signature verification page, business entity search, or other requirements of the contract must be submitted to the City Clerk's Office by the responsible Department, which is administering the contract, before the time a contractor undertakes performance of the work required by the contract. Upon determining that the contract was properly signed by or on behalf of both the contractor and the City, and that the accompanying evidence of insurance meets the contract's requirement, the City Clerk's Office will attest to the execution of the contract. Thereafter, the City Clerk's Office will assign and type in a clerk's contract number the contracts where indicated, file the original contract and evidence of insurance in the City's official records, and return a non-original copy to the City officer or Department responsible for administering the contract. The responsible Department will then transmit a copy to the contract vendor.
C. To the Department. The City officer or Department responsible for administering the contract will not direct a vendor to proceed with the work required by the contract until receiving an attested copy of the contract from the City Clerk's Office. When receiving an attested copy of the contract from the City Clerk, the Department responsible for administering the contract will submit to the Director of Finance and Administration (i) a copy of the contract, (ii) a copy of an IRS Form W -9 completed by the vendor in the manner required by the contract (if any), and (iii) a City encumbrance in an amount equal to the maximum amount of the compensation that may be paid to the vendor pursuant to the contract. In addition, the responsible Department must submit to the Department of Finance and Administration sufficient quotes or justification memos validating the vendor chosen for the contract per LMC § 6-3 and 6-6.
XVIII. CONTRACT AMENDMENTS
Contract amendments include any change, modification or addendum to a contract after it becomes effective. Contract amendments include any change to a contract that is not expressly authorized by the contract itself. Amendments include, without limitation, extensions of the term of the agreement, as well as changes to any exhibit setting forth the scope of the vendor's duties or the compensation.
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Ordinarily, the City Manager may approve amendments to contracts in conformance with the requirements of this AP&P and the Contracting and Purchasing Requirements if the total amount of the agreement1 is not increased to more than $ 50,000. Department Directors may approve amendments to contracts in conformance with the requirements of this AP&P and the Contracting and Purchasing Requirements if the total amount of the agreement 2 is not increased to more than $ 10,000 (Director of Public Works may approve up to $30,000 for contracts of construction projects ). For contract amendments where the total amount of the agreement is more than $ 50,000, City Council authorization/approval is ordinarily required. For contract amendments where the total amount of the agreement is more than $200,000, formal bidding is required.
Exception: In order to ensure efficiency and timely contract performance and payment, any contract or purchasing order overage (e.g., due t o small price difference, tax or shipping cost differences) equal or less to 5% of the original contract/purchase order amount or $200, whichever is less, shall not require a contract/purchase order amendment or change order.
Amendments to City contracts must be reviewed by the Department of Finance and Administration to ensure that the amendment is complete and sufficient as to content; and that any required insurance coverage is maintained in full force and effect during any contract extension and/or that the insurance is sufficient to address any additional risks incurred as the result of a change in the scope of services.
Amendments to City’s PSAs must be approved as to form by the City Attorney.
Amendments to a City contract must also be signed by the vendor and the City Manager and filed with the City Clerk generally in conformance with the same requirement applicable to the original contract.
XIX. RECEIPT OF GOODS
The responsible Department must inspect all received Supplies to verify that quantity and quality are "as specified." The Department Director must remedy any discrepancy on a contract. All orders must be inspected within three business days of receipt. A Department's failure to inspect and accept delivery in a timely manner may affect the City's ability to remedy a situation. Departments must retain any receiving reports/packing lists to retain along with their copy of the contract to document the receipt of goods.
1 Remember, the "total amount of the agreement" includes the costs to the City for the entire term of the contract, including any amendments. For example, the total amount of a two -year contract, where the vendor is charging the City $20,000 per year, is $40,000. However, if the proposed amendment extends this contract for anot her two years, then the total amount of the contract becomes $80,000.
2 Similar to footnote 1, the total contract costs, including amendments, should be consider to determine whether it is within or exceeds the Department Directors’ authority.
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XX. FEDERAL PURCHASING REQUIREMENTS
This Policy Section summarizes the Federal Purchasing requirements published by the Office of Management and Budget ( OMB) on December 26, 2013. The OMB issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Rule (aka Uniform Guidance) which applies to all non -federal entities receiving Federal awards, and to all new federal awards and existing awards that receive additional funding (or funding increments) after December 26, 2014.
Whenever Federal Award funds are used the following criteria must be followed in addition to the City's Purchasing Policy guidelines:
A. Requirements. The Uniform Guidance requirements for sub-award and sub-recipient is based on the pass-through agency. If the pass -thru agency is subject to the Uniform Guidance (i.e. if the source of funds are federal and the pass -through agency is subject to Uniform Guidance), then the sub-award or sub -recipient is also subject to the Uniform Guidance. The requirement for a sub-award, no matter when the sub-award was made, flows from the requirements of the original federal award from the federal awarding agency. Each Federal or State grant or agency may also have its own additional requirements and any agency guidance or regulations should be consulted prior to issuing any solicitation .
B. Micro Purchases. The maximum aggregated amount for micro purchases is $ 10,000. The maximum amount for construction projects that fall under the Serv ice Contract Labor Standards statue (or “SCA”) is $2,500 and is subject to the Davis -Bacon Act (Prevailing Wages). M icro purchases are not exempt from the City's informal and formal bidding processes, so despite the federal provisions multiple quotations will be required for purchases between and including $5,001 and $30,000 . To the extent practical the City must distribute micro -purchases equitably among qualified suppliers.
C. Small Purchases. Small purchases utilize simple and informal procurement methods. The acquisition threshold is currently $ 200,000 (please note the City’s threshold is smaller and straighter than the Federal threshold of $250,000) . The Uniform Guidance states quotes for small purchases must be obtained from an "adequate" number of qualified sources. Although there is no specific number of sources required by the Uniform Guidance, the requesting department should use reasonable prudence in soliciting at least three (3) quotes, proposals, or bids per the applicable sections of the LMC. . Quotes can be obtained from suppliers or from public websites (i.e., City may use internet searches as documentation).
D. Sealed Bids. For contracts in excess of $2 00,000, sealed bids the preferred method for construction contracts. Sealed bids are also appropriate for fixed price contracts where bidders are provided complete and adequate specifications. Additionally, sealed bids must come from two or more qualified bidders must be publicly advertised and solicited from an adequate number of suppliers. The contract is awarded to the lowest responsive and responsible bidder.
E. Competitive Proposals. For contracts in excess of $200,000, Competitive proposals are the preferred method for architectural, engineering and Professional Services. Request for Proposals must be publicized and proposals solicited from an adequate number of qualified sources.
Competitive proposals are awarded to the most advantageous bid which considers both price and other factors. The solicitation must include a written method for the evaluation and selection of City Council Regular Meeting - Page 399 of 472
the proposals received. The City does not have to select the lowest bid. For architectural and engineering services, the City may utilize a qualifications -only selection process without considering price, however, this is subject to a fair and reasonable negotiation of compensation and may not be used to procure other types of services through and architectural or engineering firm.
F. Exceptions to Competitive Procurement . Vendor must meet at least one of the following criteria:
1. The vendor offers a unique supply or service that can only be fulfilled by one vendor or only one known source for the supply/service exists;
2. There is a public emergency;
3. After soliciting a number of sources, the competition is deemed inadequate; and
4. Written request has been made and approved by the federal agency responsible for the grant.
The City must have written pre-approval from the federal awarding agency. Additionally, the City must have proper documentation as to why a sole source vendor was required in these circumstances. The sole source must be properly documented and the City must maintain the documentation.
XXI. VIOLATIONS OF AP&P
The City Manager may revoke purchasing authority from Departments, or particular employees, based upon substantial evidence that such a Department or persons consistently fail to conform to this AP&P.
Allegations that the LMC or this AP&P were violated may also result in discipline up to and including termination.
APPROVED BY THE CITY MANAGER:
_______________________________________
Ernie, Hernandez, City Manager
City Council Regular Meeting - Page 400 of 472
Agenda Item # 22.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Gabriel Linares, Director of Community Development
SUBJECT:
APPROVAL OF SPECIAL EVENT PERMIT - TACO AND MICHELADA FEST Recommendation:
Staff recommends that the City Council review and approve or deny a Special Permit request from Miranda Entertainment & Diligencias Corp. to use Lynwood City Park for a Taco and Michelada Fest from October 22, 2022 through October 23, 2022, contingent upon the payment of all required fees and submittal of all required documents.
Background:
The City Council has the right to approve or deny a Special Permit. If a Special Permit is approved, the City Council has the right to impose reasonable restrictions or limitations to preserve public peace, safety/welfare, or which will tend to protect the life and property of others.
Miranda Entertainment & Diligencias Corp. has submitted a request and Special Event Permit application to use selected areas of Lynwood City Park for a public Taco and Michelada Fest proposed to be held on October 22 and 23, 2022. The event will feature food and entertainment with event proceeds being used to pay for event and city costs.
Discussion and Analysis:
Miranda Entertainment & Diligencias Corp. is requesting rental use of the Lynwood City Park soccer fields and selected areas of the park to host its Taco and Michelada Fest a public, family-oriented entertainment event to be held on October 22 and 23, 2022. An entry fee will be charged per person. The event will feature entertainment, various vendors and food booths from 10:00 a.m. to 10:00 p.m. on each event date. Approximately 2,500 people are anticipated to visit the event on each event date.
In reviewing the Special Event Permit Application submitted by Miranda Entertainment & Diligencias Corp all required documentation was not provided to staff in a timely manner. Although fees have been paid, the application remains incomplete and pending documentation, which is described below. In addition, due to the late submittal of City Council Regular Meeting - Page 401 of 472
fees and documents staff is expediting circulation of the application to be reviewed and approved by all relevant departments (i.e. Public Works, Planning and Parking).
Sheriff Department Clearance
Department of Alcoholic Beverage Control License
Business License Related Fees
Complete Entertainment List and Schedule
Miranda Entertainment & Diligencias Corp., is also requesting to have an enclosed and secured beer garden as part of the event. This will allow the event to be able to cover its substantial production costs. Miranda Entertainment & Diligencias Corp. has agreed to meet all terms and conditions as set forth by the City and Sheriff’s Department to ensure a safe and clean event. These conditions and terms include, but are not limited to:
All required insurance binders and certificates.
All required permits from the CA Dept. of Alcohol Beverage Control and the Los Angeles County Health Department.
The sale and consumption of alcohol can only be conducted in the designated area identified in the event plot plan and under the safety conditions set forth by the City and Sheriff’s Department.
Event employees and volunteers under the age of 21 may not conduct any business as related to the sale or serving of alcohol.
The applicant, event lead agency and event organizers shall sell alcoholic beverages only to persons who have obtained a non-removable bracelet identifying the individual as being 21 years of age or older.
Reliance of said bracelet will not relieve any person or event organizers of responsibility should it be determined that the purchaser and/or customer is under the age of 21.
A minimum of 18 uniformed security guards must be present and actively patrolling the event for the duration of each event. This includes a minimum of 2 guards at each entrance and exit of the designated area for alcohol consumption, assisting with the verification and issuance of wristbands.
Compliance with all State and Federal laws.
Event area to be maintained and kept reasonably clean during and after the event. Any maintenance or facility issues caused by the event may be subject to forfeiture of all or parts of the event deposit.
Any medical or law enforcement matters are to be immediately reported to the designated Recreation Department staff member and properly documented.
Applicant paid the city fees totaling $30,556.18 which accounts for the cost recovery of staff time equal to $17,246.18, rental and permit fees of $3,310.00 and a $10,000 refundable deposit to incur any additional unexpected city cost once event has concluded. For comparison purposes a similar event held earlier this year "Guatemala Festival" paid fees totaling $29,553.00 which is consistent with fees charged to this event. please view breakdown below for this proposed event:
City Fees or Services
Cost of Service
Public Works Maintenance Staff Support
$ 6,745.00
Public Safety Officer Staff Support
$ 5,043.72
Recreation Department Staff Support
$ 3,420.00
Park/Facility Security Services
$ 2,037.46
$ 17,246.18
Facility Rental Fee
$2,178.00
Special Event Permit/Inspection Fees
$ 1,132.00
$ 3,310.00
Refundable Deposit
$ 10,000.00
$ 30,556.18
The approval of the Special Permit to Miranda Entertainment & Diligencias Corp. will result in a rental and permit fee revenue of $3,310. Council should take into consideration If the revenue and community benefit received from City Council Regular Meeting - Page 402 of 472
event will offset the uncalculated wear and tear of City fields and facilities.
Fiscal Impact:
The event will pay for a minimum staffing incurred cost totaling $17,246.18 and the City will accept rental and permit fees totaling $3,310.00 which will be transferred to the general fund.
Coordinated With:
City Manager's Office
Recreation & Community Services
Public Works
ATTACHMENTS:
Description
Resolution
Attachment A - Special Event Permit Application
City Council Regular Meeting - Page 403 of 472
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE USE OF LYNWOOD C ITY PARK FOR A TACO AND MICHELADA FEST PRODUCED BY MIRANDA ENTERTAINMENT & DILIGENCIAS CORP. TO BE HELD ON OCTOBER 22 AND 23, 2022
WHEREAS, a request was made by Miranda Entertainment & Diligencias Corp. to host a festival within designated areas of Lynwood City Park on October 22 and 23, 2022; and
WHEREAS, the City of Lynwood has previously approved these types of festivals in order to offer varied, cultural and family-oriented programming to the community; and
WHEREAS, the proposed event will take place on Saturday, October 22, 2022 and Sunday, October 23, 2022 from 10:00 a.m. to 10:00 p.m.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council for the City of Lynwood finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.
Section 2. The City Council approves the use of designated area s of Lynwood City Park for the requested special event.
Section 3. The City Council approves the use conditional to Miranda Entertainment & Diligencias Corp. providing appropriate insurance documentation as requested by the City’s Risk Management Office ; facility use agreements as determined by the Office of the City Attorney and Department of Recreation & Community Services , Community Development Department Special Event Permit process, as well as the paying of all associated special event and rental fees and the submittal of all required documentation.
Section 4. The City Council further finds that the request serves the important public purpose of providing a community activity to Lynwood residents.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED THIS 20th day of September 2022.
City Council Regular Meeting - Page 404 of 472
2 __________________________
Jorge Casanova, Mayor
ATTEST:
___________________________ ____________________________________ Maria Quinonez, City Clerk Ernie Hernandez, City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ __________________________
Noel Tapia, City Attorney Gabriel Linares, Director of Community Development
City Council Regular Meeting - Page 405 of 472
3 STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certif y that the above and foregoing r esolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the _________day of____________, 2022 and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said Cit y, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. _________ on file in my office and that said resolution was adopted on the date and by the vote therein stated.
Dated this ______ day of ________________, 2022.
___________________________
City Clerk, City of Lynwood
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Agenda Item # 23.
AGENDA STAFF REPORT
DATE:
September 20, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Mark Flores, Director of Recreation & Community Services Jose Trejo, Deputy Director
SUBJECT:
CONSIDERATION OF SECURITY GUARD SERVICES CONTRACT FOR THE CITY’S PARKS AND PUBLIC FACILITIES
Recommendation:
Staff recommends that the City Council consider the presented Agenda Staff Report and:
1 .
Approve the award of a one-year contract for security services to Good Guard Security, Inc.
with City
options of up to three consecutive, one-year terms in an amount not-to-exceed $356,202 annually.
2 .
Adopt the attached resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND GOOD GUARD SECURITY, INC. TO PROVIDE SECURITY GUARD SERVICES FOR THE CITY OF LYNWOOD’S PARKS AND PUBLIC FACILITIES.”
Background:
On June 22, 2022 staff issued a Request for Proposals (RFP) seeking qualified private security firms to provide proposals for Security Guard Services for the City’s parks and public facilities. The RFP process has concluded and staff is presenting its findings and recommendation for City Council consideration and approval.
Discussion and Analysis:
On June 22, 2022 the RFP was posted on the City of Lynwood website through Bid Planet
. The RFP was also
advertised on July 7, 2022 in the
Press Wave
and July 14, 2022 in the
Long Beach Press Telegram
. The
deadline to respond to the Security RFP was August 10, 2022.
At the close of deadline on August 10, 2022, the Recreation Department had received nine (9) responding proposals. Attachment “A” is the list of security firms that submitted a proposal to the City by the deadline. The City Council Regular Meeting - Page 433 of 472
proposals were evaluated by a four-person committee consisting of staff from:
a)
City of Lynwood - Community Development Department
b)
Los Angeles County Sheriff’s Department - Century Station c)
City of Lynwood - Finance Department
d)
Lynwood Unified School District – Campus Security
The written proposals of all nine (9) firms were evaluated in the first stage of the evaluation process. Then, the top four (4) highest-scoring firms from the first evaluation stage were selected to form a “short-list” of firms to move on to the second phase of the evaluation – in-person firm interviews.
The criteria used by the panel to evaluate the firms addressed the major issues that staff considers to be most relevant to the provision of cost-effective, high-quality security services including, but not limited to:
·
Proposer’s operations approach
·
Hiring, training and retention programs
·
Company experience
·
Capacity to meet the various needs of the City
·
Cost to the City
On September 8, 2022, interviews were held with the four (4) short-listed firms. The professional panel scored the firms individually and at the conclusion of the interviews, the panel discussed the pros and cons of each proposal.
Individual scores were tallied and averaged for a final panel score. A copy of the scoring criteria used by the selection panel and a summary of the panelist’s scores are attached. (Attachment A).
The selection panel scored each in-person interview based on the following categories:
Evaluation Category
Possible Points
·
Structure and Operations 25 ·
Size of Firm/Financial Capabilities 25 ·
Experience and Technical ability 25 ·
Overall Responses 25 Total Possible Points:
100
The combined average in-person interview scores of the four-person panel:
Average Score
(Total 100 pts )
1) Good Guard Security, Inc. 97.5 2) American Guard Services 81.7 3) Professional Security Consultants 81.5 4) Absolute International Security 72
The professional evaluation panel rated
Good Guard Security, Inc
. the highest score in
both
the written proposal
phase
and
the in-person interview phase of the evaluation process. Staff recommends that it be authorized to negotiate a security services contract with
Good Guard Security, Inc.
based on the results of the evaluation
process.
Fees:
Firms were required to provide the rate-per-hour they are proposing to charge the City for each hour of unarmed guard service.
Table “A”
summarizes the rates submitted by the firms and the approximate annual cost to the City:
City Council Regular Meeting - Page 434 of 472
TABLE – A
Overall
Evaluation
Ranking
COMPANY
Bill Rate
(Unarmed)
Proposed Annual
Cost to City
Note: amount Includes 11
days of Holiday Pay
(additional hourly rate)
1 Good Guard Security, Inc.
$30.22
$356,202
2 American Guard Services
$29.94
$353,483
3 Professional Security
Consultants
$29.00
$342,896
4 Absolute International
Security
$34.94
$412,113
Top Four Average
$31.03
$366,174
Good Guard
Security, Inc.’s
proposed rate of
$30.22 per hour per
unarmed guard
service is slightly
lower than the top
four average cost of
$31.03/hour. The
City’s expiring
security services
contract pays
$24.45/hour per
unarmed guard
service and costs
the City
approximately
$288,973 annually.
The proposed,
estimated contract with
Good Guard Security, Inc.
is $356,202 annually (top four average annual cost is
$366,174). Entering the RFP development process, staff anticipated increased contract costs for this service based on:
·
The length of time since the City entered into the expiring contract ·
National increases in personnel wages
·
Worldwide equipment/fuel cost increases
·
Impacts from the pandemic, staff anticipated
Good Guard Security, Inc’s.
contract and scope of work would remain essentially the same as the current contract. Currently, security services for the City’s parks and facilities operates 365 days/year, Monday through Sunday from 6:30 a.m. to 10:30 p.m. Given the adopted budget for this service Good Guard Security, Inc.
will be
contracted to provide 224 hours of security guard services weekly.
If the City Council authorizes awarding of the contract to Good Guard Security, Inc.
, staff will negotiate a one-year
agreement with an additional three, one-year options for a total possible contract term not to exceed four (4) years. Timing for final contract and start-up is anticipated as follows:
·
Executed agreement by October 4, 2022
·
Service begins under new contract October 24, 2022
The current contract with Professional Security Consultants (PSC) expired on September 12, 2022. Staff will contract with PSC to allow temporary continuation of services through the transition period into the new service provider under the City Manager's authority.
Fiscal Impact:
The new contract will be for a one-year term, with an option of three (3), individual one-year terms contingent upon Council approval of funding for Security Services. Based on the level of service, Good Guard Security, Inc. would be paid an amount not-to-exceed $356,202 annually for its services. The new contract commences on October 24, 2022. Under the terms of the new agreement included in the RFP, the firm would receive an annual rate City Council Regular Meeting - Page 435 of 472
increase equivalent to the increase in the Consumer Price Index (CPI), if the service contract is extended in years 2, 3, and 4. Security services performed at city special events and private rentals are budgeted separately and are paid for within the respective General Fund appropriation from the Recreation Department.
Funds are included in the adopted FY 22/23 budget across City departments in the Security Services object code 62016. Staff normally appropriates the estimated budget for security services through the normal budget process.
The new agreement with Good Guard Security, Inc. would increase the annual cost from $288.973 to $356,202. A budget revision is necessary to account for the increased cost in the remainder of fiscal year 2022-2023. Staff requests Council authority to allow budget transfers within various recreation accounts to the security service account as necessary to finish the fiscal year. For future fiscal years budgets will have to be increased or services reduced. Analysis and staff recommendations will be provided as part of the upcoming budget process.
Coordinated With:
Finance Department
City Attorney’s Office
ATTACHMENTS:
Description
Resolution
Attachment A - Evaluation and Rankings
Attachment B - Security Evaluation Criteria
City Council Regular Meeting - Page 436 of 472
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE EXECUT ION OF AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND GOOD GUARD SECURITY, INC. TO PROVIDE SECURITY GUARD SERVICES FOR THE CITY OF LYNWOOD’S PARKS AND PUBLIC FACILITIES
WHEREAS, the City is interested in obtaining a highly qualified professional security firm to provide security guard services in City parks and public facilities; and
WHEREAS, the security service provider must effectively and efficiently serve the City and citizens of Lynwood; and
WHEREAS, a competitive proposal solicitation was held; and
WHEREAS, the proposals were evaluated by a committee composed of a Sheriff of Los Angeles County Century Station, a Public Safety Officer in the City of Lynwood Development Department, the Senior Management Analyst in the City of Lynwood Finance Department, and the Chief of Security of the Lynwood Unified School Distric t; and
WHEREAS, the criteria used to evaluate proposals addressed all of the issues staff considered to be relevant to the provision of cost -effective high -quality security service and is included this agenda report; and
WHEREAS, the evaluation panel ra ted the proposal submitted by Good Guard Security, Inc. to be the best of the nine (9) proposals submitted; and
WHEREAS, staff recommends that based on the selection by the panel, and a favorable review of qualifications, references, c apabilities, and co ncluded that the proposal of Good Guard Security, Inc. is the proposal that best meets the City’s needs; and
WHEREAS, funds for security services are available for fiscal year 2022/2023 in the General Fund/Account 1011.60.701.62015.
NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. That the City Council approves the selection of Good Guard Security, Inc. to provide Security Guard Services for the City of Lynwood’s Parks and facilities.
City Council Regular Meeting - Page 437 of 472
Section 3. That the City Council directed s taff to negotiate an agreement with Good Guard Security, Inc. with the terms and conditions included in the RFP, including have the City Attorney review and approve as to form.
Section 4. That the City Manager is authorized to execute a one -year agreement with Good Guard Security, Inc. from October 24, 2022 through October 24, 2023, with an option of three (3) one-year terms, in a form approved by the City Attorney.
Section 5. That the City Council authorizes the Mayor to sign the Agreement and this Resolution on behalf of the City.
Section 6. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 7. The City Clerk shall certify as to the adoption of this City Council Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of September, 2022.
_________________________
Jorge Casanova
Mayor
ATTEST:
_______________________ __________________________
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________ __________________________
Noel Tapia, Mark Flores, Director
City Attorney Recreation & Community Services
City Council Regular Meeting - Page 438 of 472
STATE OF CALIFORNIA }
} SS.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the foregoing Resolution was passed and adopted by the Lynwood City Council
at a regularly scheduled meeting held on the 20th day of September, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA }
} SS.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. ______ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of September, 2022.
__________________________
City Council Regular Meeting - Page 439 of 472
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 440 of 472
ATTACHMENT - A