This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE
COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO
[email protected]
OR FILL OUT A FORM
PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL.
AGENDA
City Council Regular Meeting
TO BE HELD ON
October 4, 2022
COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238
Duly Posted on 9/30/2022 By MQ
6:00 PM
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
Jorge Casanova, Mayor
Jose Luis Solache, Mayor Pro Tem
Oscar Flores, Council Member
Marisela Santana, Council Member
Rita Soto, Council Member
4. PLEDGE OF ALLEGIANCE
5. INVOCATION
6. PRESENTATIONS/PROCLAMATIONS
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
Proclamation of Recognition
City Video(s)
7. COUNCIL RECESS TO:
City Council Regular Meeting - Page 1 of 272
Lynwood Successor Agency
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE
AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)
CONSENT CALENDAR
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR WILL BE ACTED UPON BY ONE MOTION AFFIRMING THE ACTION RECOMMENDED ON THE AGENDA. THERE WILL BE NO SEPARATE DISCUSSION ON
THESE ITEMS PRIOR TO VOTING UNLESS MEMBERS OF THE COUNCIL OR STAFF REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.
8. APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated October 4, 2022 for FY 2022-2023. (FIN)
Recommendation:
Staff Respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated October 4, 2022 for FY 2022-2023.
9. AGREEMENT FOR PROFESSIONAL AUDITING SERVICES
Comments:
The City contracts with The Pun Group, LLP to provide professional auditing services and has utilized the firm’s services since 2016. (FIN)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORING THE MAYOR TO
ENTER INTO AN AGREEMENT WITH THE PUN GROUP, LLP TO PROVIDE PROFESSIONAL AUDITING SERVICES”.
10. PROFESSIONAL SERVICES AGREEMENT WITH RAMBOLL, INC. TRIANGLE SITE – DTSC-ECRG GRANTS
Comments:
The City proposes to enter into a Professional Services Agreement (“Agreement”) with Ramboll for environmental studies and services required to proceed with the proposed affordable housing project and commercial development at the location commonly known as the Alameda Triangle funded by the DTSC-ECRG grant. (CD)
Recommendation:
Staff recommends that the City Council adopt the following resolution entitled:
“
A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH RAMBOLL FOR ENVIRONMENTAL STUDIES AND SERVICES REQUIRED TO
PROCEED WITH PROPOSED AFFORDABLE HOUSING PROJECT(S) AND City Council Regular Meeting - Page 2 of 272
COMMERCIAL DEVELOPMENT AT A LOCATION COMMONLY KNOWN AS THE
ALAMEDA TRIANGLE FUNDED BY THE DTSC-ECRG GRANTS
”
11. APPROVAL OF FINAL TRACT MAP NO. 83509.
Comments:
Per Lynwood Municipal Code Chapter 24-6, the City Engineer shall notify the City Council that a final tract map has been submitted for review by the City Engineer. If all requirements and conditions of approval pertaining to said tract map have been complied with and all other requirements of the Subdivision Map Act have been complied with, the City Engineer shall certify the tract map and arrange for the transmittal of the tract map to the Los Angeles County Registrar- Recorder County Clerk’s Office. (PW)
Recommendation:
Staff recommends that the City Council approve the final Tract Map No. 83509.
12. AWARD OF CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC. FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF ATLANTIC AVE AND CARLIN AVE. FY 2022-2023 PROJECT NO. 4011.68.075 FEDERAL ID: HSIP-5250 (029)
Comments:
On July 19, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids) for the HSIP Cycle 9 - Atlantic Avenue and Carlin Avenue (CIP No. 4011.68.075).
The Bid opening took place in the PlanetBids Platform on, September 13, 2022, at 10:00 AM (PST). PTM General Engineering Services, Inc. was the lowest responsible bidder. Additional appropriation in the amount of $145,413 is needed to deliver this Project. (PW)
Recommendation:
1 .
Staff recommends that the City Council reject the bid protest submitted by Servitek Electric, Inc.; and
2 .
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO PTM GENERAL ENGINEERING SERVCIES, INC. AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $474,047.00 FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF ATLANTIC AVE AND CARLIN AVE. FY 2022-2023 PROJECT NO. 4011.68.075 FEDERAL ID: HSIP-5250 (029); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT IN FORM APPROVED BY THE CITY ATTORNEY; AND APPROVING AND APPROPRIATION OF $145,413 FROM MEASURE M (FUND 2350) TO THE PROJECT.”
13. AWARD OF CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC. FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HIGHWAY AND ATLANTIC AVE. FY 2022-2023 PROJECT NO. 4011.68.073 FEDERAL ID: HSIP-5250 (031)
Comments:
On July 19, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids) for the HSIP Cycle 9 – Imperial Highway and Atlantic Avenue (CIP No. 4011.68.073). The Bid opening took place in the PlanetBids Platform on September 13, 2022, at 10:00 AM (PST). PTM General Engineering Services, Inc. was the lowest responsible bidder.
Additional appropriation in the amount of $168,735 from Measure M Bonds (Fund 2357) is needed to deliver this Project. (PW)
Recommendation:
City Council Regular Meeting - Page 3 of 272
1 .
Staff recommends that the City Council reject the bid protest submitted by Servitek Electric, Inc.; and
2 .
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO ptm general engineering services, inc. AS THE LOWEST RESPONSIBLE BIDDER, IN THE Amount OF $429,029.00 FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF Imperial hwy and atlantic ave. FY 2022-2023 PROJECT NO. 4011.68.073 FEDERAL ID: HSIP-5250 (031); AUTHORIZING THE MAYOR TO EXECUTE THE agreement; and approving an appropriation of $168,735
from MEASURE M (FUND 2350)to the project.”
NEW/OLD BUSINESS
14. CONDUCT SECOND READING, READ BY TITLE ONLY, AND ADOPT THE ORDINANCES AMENDING THE CITY’S PURCHASING AND PROFESSIONAL
SERVICES PROCUREMENT PROCEDURES
Comments:
On September 20, 2022, the City Council introduced the attached ordinances for first reading. (FIN)
Recommendation:
Staff recommends that the City Council conduct second reading, read by title only, and adopt 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
15. REVEAL OF CITY'S REDESIGNED WEBSITE ON NEW DOMAIN USING WWW.LYNWOODCA.GOV
Comments:
Staff will showcase the City's redesigned website setup on a new domain (www.lynwoodca.gov). All the same services and information can easily be found on the new user- friendly website and the mobile-optimized design allows easy navigation from any device. (IT)
Recommendation:
Staff recommends that the City Council receive and file.
16. CONSIDERATION OF THE KEEP LYNWOOD CLEAN PROGRAM
Comments:
Illegal dumping of bulky items, trash, construction debris, and other materials is a problem plaguing Lynwood and many other communities throughout Southern California. Occurrences of illegal dumping have steadily increased over the last several years. City staff has developed a strategy for consideration to reduce illegal dumping. (PW)
Recommendation:
Staff recommends that the City Council consider the multiple facets of the “Keep Lynwood Clean” Program.
City Council Regular Meeting - Page 4 of 272
17. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
18. STAFF ORAL COMMENTS
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON OCTOBER 18, 2022 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
City Council Regular Meeting - Page 5 of 272
Agenda Item # 8.
AGENDA STAFF REPORT
DATE:
October 4, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Harry Wong, Director of Finance & Administration
Lilly Hampton, Senior Accounting Technician
SUBJECT:
APPROVAL OF THE WARRANT REGISTER
Recommendation:
Staff Respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated October 4, 2022 for FY 2022-2023.
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
FY 2022-2023
Coordinated With:
City Manager
City Attorney
ATTACHMENTS:
Description
WARRANT RUN 10 4 2022
RESOLUTION ITEM
City Council Regular Meeting - Page 6 of 272
apCkHist Void-Check Listing Page: 1
09/28/2022 8:47AM City of Lynwood
Bank code: apbank
Void Check# Date Vendor Status ClearNoid Date Reason-Void Reissue Inv. Date Amount Paid Check Total --
203620 01/04/2022 000802 KENNETH WEST 09/20/2022 STALE DATED 205710 06/29/2020 50.00 50.00 203727 02/01/2022 003562 ROWLAND BECERRA 09/20/2022 STALE DATED 205712 01/12/2022 50.00 50.00 203741 02/01/2022 010081 KIMBERLY GONZALEZ 09/20/2022 STALE DATED 205713 06/25/2021 20.00 20.00 203784 02/01/2022 000802 KENNETH WEST 09/20/2022 STALE DATED 205711 01/12/2022 50.00 50.00 203915 02/15/2022 012167 THOMAS THORNTON 09/20/2022 STALE DATED 205714 08/17/2021 3.00 3.00 203929 02/15/2022 000802 KENNETH WEST 09/20/2022 STALE DATED 205711 10/14/2020 50.00 50.00 205452 08/16/2022 002912 WATERLINE 09/20/2022 LOST IN MAIL 205709 07/29/2022 533.33 09/20/2022 5593049 07/22/2022 396.90
09/20/2022 5593048 07/22/2022 322.48
09/20/2022 5593044 07/22/2022 310.08
09/20/2022 5593046 07/22/2022 285.27
09/20/2022 5594427 07/29/2022 272.87
09/20/2022 5594418 07/29/2022 260.47 2,381.40
205671 09/20/2022 013215 THE HOME DEPOT PRO 09/26/2022 WRONG AMOUNT 205728 08/25/2022 1,154.10 09/26/2022 703939272 08/26/2022 1,100.74
09/26/2022 703305151 08/24/2022 692.46
09/26/2022 704519057 08/31/2022 692.46
09/26/2022 703518548 08/25/2022 568.89
09/26/2022 699810479 08/04/2022 507.31
09/26/2022 697778405 07/25/2022 399.09
09/26/2022 700290257 08/08/2022 328.37
09/26/2022 700543812 08/09/2022 300.81
09/26/2022 701071375 08/11/2022 296.12
09/26/2022 702805540 08/22/2022 246.79
09/26/2022 703051458 08/23/2022 245.98
09/26/2022 703741538 08/26/2022 186.32
09/26/2022 701782005 08/16/2022 179.67
09/26/2022 703508010 08/25/2022 132.20
09/26/2022 699047809 08/01/2022 125.71
Page:1
City Council Regular Meeting - Page 7 of 272
apCkHist
09/28/2022 8:47AM
Bank code: apbank
Void Check# Date Vendor
8 checks in this report
Void-Check Listing
City of Lynwood
Status ClearNoid Date Reason-Void Reissue
09/26/2022 697975308
09/26/2022 698566189
09/26/2022 698513652
09/26/2022 687976207
09/26/2022 697976207
09/26/2022 701471948
09/26/2022 698512399
Page:2
Inv. Date Amount Paid Check Total
07/26/2022 100.00
07/28/2022 86.30
07/28/2022 81.90
07/26/2022 70.40
07/26/2022 70.40
08/13/2022 55.05
07/28/2022 45.00 7,666.07
apbank Total : 10,270.47
Total Checks: 10,270.47
Page:2
City Council Regular Meeting - Page 8 of 272
vchlist
09/27/2022
Bank code :
Voucher
1405
1406
1411
1412
1413
1414
1417
1420
1421
1422
1423
1428
1429
4:57:58PM
Electronic Financial Transaction List
City of Lynwood
apbank
Date Vendor Invoice PO# --
8/10/2022 013073 CALPERS INSURANCE Ben146377
8/10/2022 013090 PERS Ben146379
8/10/2022 013073 CALPERS INSURANCE Ben146763
8/24/2022 013090 PERS Ben146765
8/5/2022 013091 PERS457 Ben146767
8/9/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben146769 8/10/2022 013073 CALPERS INSURANCE Ben146815
8/5/2022 013091 PERS 457 Ben146821
8/9/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben146823 8/8/2022 013507 NATIONWIDE RETIREMENT SOLUTION Ben146825 8/23/2022 012556 MUNICIPAL DENTAL POOL Ben147091
8/19/2022 013091 PERS 457 Ben147101
8/19/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben147103 Page: 3
Description/Account Amount
BLUE SHIELD ACCESS+: PAYMENT 57,489.50
Total : 57,489.50
PERS: PAYMENT 53,826.13
Total : 53,826.13
PERS PLATINUM - MONTHLY: 3,022.71
Total: 3,022.71
PERS: PAYMENT 7,487.22
Total: 7,487.22
DEF COMP- PERS 457: PAYMENT 1,500.00
Total: 1,500.00
DEF COMP - NATIONWIDE: 500.00
Total: 500.00
HEAL TH MEDICAL PAYMENT 56,833.46
Total : 56,833.46
DEF COMP- PERS 457: PAYMENT 6,236.04
Total : 6,236.04
DEF COMP - NATIONWIDE: 10,236.75
Total : 10,236.75
401A: PAYMENT 186.26
Total : 186.26
DEL TA DENTAL: PAYMENT 4,476.52
Total : 4,476.52
DEF COMP- PERS 457: PAYMENT 6,236.04
Total : 6,236.04
DEF COMP - NATIONWIDE: 11 ,029.17
Page: 3
City Council Regular Meeting - Page 9 of 272
vchlist Electronic Financial Transaction List Page: 4
09/27/2022 4:57:58PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 1429 8/19/2022 010069 010069 NATIONWIDE RETIREMENT (Continued) Total: 11,029.17 1431 8/23/2022 012556 MUNICIPAL DENTAL POOL Ben147282 DEL TA DENTAL: PAYMENT 227.98 Total : 227.98
1437 8/23/2022 012556 MUNICIPAL DENTAL POOL Ben147312 DELTA DENTAL: PAYMENT 4,522.44 Total: 4,522.44
1005208 8/10/2022 013073 CALPERS INSURANCE 100000016872056 RETIREE MEDICAL PREMIUM 8/2022 49,597.86 100000016872060 RETIREE MEDICAL PREMIUM 8/2022 305.91
Total: 49,903.77
1005209 8/8/2022 010069 NATIONWIDE RETIREMENT SOLUTION 01 0069-063022 EMPLOYEE CONTRIBUTION 457 500.00 Total : 500.00
1005210 8/5/2022 013091 PERS 457 013091-063022 EMPLOYEE CONTRIBUTION 457 1,500.00 Total : 1,500.00
1005211 8/11/2022 001382 SOUTHERN CALIFORNIA EDISON CO. 2911636 CITY TO TIE IN TO SCE'S METERS 2,094.05 Total : 2,094.05
1005212 8/11/2022 000372 FIRE DEPARTMENT, LOS ANGELES C0010593 01-001724 FIRE PROTECTION SERVICES 657,724.33 Total: 657,724.33
1005213 8/16/2022 000124 CITY OF LYNWOOD 35290-35346 REPLENISH WORKER'S' COMP 26,031.08 Total : 26,031.08
1005214 8/16/2022 000124 CITY OF LYNWOOD 35236-35289 REPLENISH WORKERS' COMP 42,773.63 Total: 42,773.63
1005216 8/16/2022 010935 WESTERN ALLIANCE BANK o 10935-080122 02-002620 LEASE REVENUE BOND 2017/2003 A 360,810.42 Total: 360,810.42
1005217 8/23/2022 013121 AUL HEALTH BENEFIT TRUST C/O, 013121-093022 REIMB-RETIREE MEDICAL PREMIUM 27,691.04 Total: 27,691.04
1005218 8/23/2022 012556 MUNICIPAL DENTAL POOL 012556-09302022 RETIREE DENTAL PREMIUM 9/2022 7,262.74 Total: 7,262.74
Page: 4
City Council Regular Meeting - Page 10 of 272
vchlist
09/27/2022
Bank code :
Voucher
1005219
1005220
4:57:58PM
apbank
Date Vendor
8/10/2022 000053 CAL PERS
6/14/2022 005794 INTERNAL REVENUE SERVICE
27 Vouchers for bank code : apbank
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
100000016886035
005794-06142022
Page: 5
Description/Account Amount
GASB-68 RA TE PLAN #119 350.00
Total: 350.00
PAYROLL-DISALLOWED CREDIT 37,644.83
Total: 37,644.83
Bank total: 1,438,096.11
Page: 5
City Council Regular Meeting - Page 11 of 272
vchlist
09/27/2022
Bank code :
Voucher
1401
5:05:0SPM
apbank
Date Vendor
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
----- --
7/28/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben146369 1 Vouchers for bank code :
1 Vouchers in this report
apbank
Description/Account
DEF COMP 457 - PAYMENT
Total:
Bank total:
Total vouchers :
Page: 6
Amount
11,744.17
11,744.17
11,744.17
11,744.17
Page: 6
City Council Regular Meeting - Page 12 of 272
vchlist Prepaid-Check List Page: 7
09/20/2022 8:40:41AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205699 9/15/2022 013522 AMN MANAGEMENT, INC 6 06-009734 PROF & CONTRACTUAL SERVICES 21,465 .00 Total : 21,465.00
205700 9/15/2022 000844 J & G GRAPHICS 05601 01-001736 PRINTING SERVICES 239 .97 Total : 239.97
205701 9/15/2022 004854 PETTY CASH- FINANCE 004854-080822 REPLENISH PETTY CASH BOX 580 .36 04854-08252022 REPLENISH PETTY CASH BOX 200 .62
Total : 780.98
205702 9/15/2022 000163 SOUTHERN CALIFORNIA EDISON 00016309132022 LIGHT & POWER SERVICES 73,463 .18 Total : 73,463.18
205703 9/19/2022 013473 CONTROLLING INSURANCE COST IN, 165403016 RETIREE VISION PREMIUM 957 .10 Total : 957.10
205704 9/19/2022 013288 SPECTRUM 0543478081622 12-000411 OTHER FEE FOR SERVICES 219 .98 Total : 219.98
205705 9/19/2022 013288 SPECTRUM 0603173081522 12-000411 OTHER FEE FOR SERVICES 182.67 Total : 182.67
205706 9/19/2022 013288 SPECTRUM 0031912081622 12-000411 OTHER FEE FOR SERVICES 150.06 Total : 150.06
205707 9/19/2022 013288 SPECTRUM 0244895080122 12-000411 OTHER FEE FOR SERVICES 139.98 0244895090122 12-000411 OTHER FEE FOR SERVICES 139.98
Total : 279.96
205708 9/19/2022 013473 CONTROLLING INSURANCE COST IN, Ben147079 VISION : PAYMENT 529 .22 Ben147280 VISION : PAYMENT 35.73
Ben147300 VISION : PAYMENT 538 .53
Total : 1,103.48
205709 9/20/2022 002912 WATERLINE TECHNOLOGIES.INC 5593044 06-009610 OPERATING SUPPLIES 310 .08 5593046 06-009610 OPERATING SUPPLIES 285 .27
5593048 06-009610 OPERATING SUPPLIES 322 .48
Page : 7
City Council Regular Meeting - Page 13 of 272
vchlist
09/20/2022 8:40:41AM
Bank code : apbank
Voucher
205709
Date Vendor
9/20/2022 002912 WATERLINE TECHNOLOGIES,INC
11 Vouchers for bank code :
11 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
(Continued)
5593049
5594418
5594427
5594428
PO#
-------
06-009610
06-009610
06-009610
06-009610
Description/Account
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
Total:
Bank total:
Total vouchers :
Page: 8
Amount
396.90
260.47
272.87
533.33
2,381.40
101,223.78
101,223.78
Page: 8
City Council Regular Meeting - Page 14 of 272
vchlist Prepaid-Check List Page: 9
09/27/2022 4:25:01PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205710 9/20/2022 000802 WEST, KENNETH 000802-060920 11-001435 PLANNING COMMISSIONER 50.00 Total: 50.00
205711 9/20/2022 000802 WEST, KENNETH 000802-011122 11-001960 PLANNING COMMISSIONER 50.00 000802-101320 PLANNING COMMISSIONER 50.00
Total: 100.00
205712 9/20/2022 003562 BECERRA, ROWLAND 003562-011122 11-002020 PLANNING COMMISSIONER 50.00 Total : 50.00
205713 9/20/2022 010081 GONZALEZ, KIMBERLY 416227 REIMB-LIVE SCAN 20.00 Total : 20.00
205714 9/20/2022 012167 THORNTON, THOMAS 48944 WEIGHT LOSS CANCELLED 3.00 Total : 3.00
205715 9/22/2022 012148 BARRERA, JACOB CL024 01-001751 FILMING SERVICES 2,125.00 Total: 2,125.00
205716 9/22/2022 011188 INSURANCE COMPANY, THE LINCOLN 011188-103122 LTD PREMIUM 10 2022 5,033.72 Total : 5,033.72
205717 9/22/2022 013425 MATSON, PATRICK 013425-100722 PER DIEM 280.00 Total: 280.00
205718 9/22/2022 010150 NATIONAL AUTO FLEET GROUP, WF2445 06-009732 VEHICLE W/DUMP BODY PURCHAE 72,072.50 Total: 72,072.50
205719 9/22/2022 000163 SOUTHERN CALIFORNIA EDISON 00016309202022 LIGHT & POWER SERVICES 28,445.31 Total: 28,445.31
205720 9/22/2022 000164 THE GAS CO. 000164092122 GAS SERVICES 1,241.82 Total: 1,241.82
205721 9/22/2022 007551 AFSCME DISTRICT COUNCIL 36 Ben147597 ASSOCIATION DUES: PAYMENT 1,554.49 Ben147888 ASSOCIATION DUES: PAYMENT 1,565.69
Page: 9
City Council Regular Meeting - Page 15 of 272
vchlist Prepaid-Check List Page: 10
09/27/2022 4:25:01PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205721 9/22/2022 007551 007551 AFSCME DISTRICT COUNCIL 36 (Continued) Total : 3,120.18 205722 9/22/2022 011927 AMERICAN FIDELITY ASSURANCE CO Ben147593 ACCIDENT PRETAX: PAYMENT 1,798.81 Ben147884 ACCIDENT PRETAX: PAYMENT 1,798.81
Total: 3,597.62
205723 9/22/2022 013398 AMERICAN FIDELITY ASSURANCE CO Ben147605 HEAL TH FSA PRE-TAX: PAYMENT 397.89 Ben147896 HEAL TH FSA PRE-TAX: PAYMENT 397.89
Total: 795.78
205724 9/22/2022 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben147601 MGMT. ASSOCIATION DUES: 187.50 Ben147892 MGMT. ASSOCIATION DUES: 187.50
Total: 375.00
205725 9/22/2022 005282 FRANCHISE TAX BOARD Ben147900 FRANCHISE TAX BOARD: PAYMENT 625.28 Total: 625.28
205726 9/22/2022 013084 LE, JESSICA Ben147898 JESSICA HERRERA: PAYMENT 293.00 Total: 293.00
205727 9/22/2022 010048 LEGAL SHIELD Ben147603 LEGAL SHIELD: PAYMENT 49.84 Ben147894 LEGAL SHIELD: PAYMENT 49.84
Total: 99.68
205728 9/27/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 697778405 06-009629 MATERIALS & SUPPLIES 399.09 697975308 06-009629 MATERIALS & SUPPLIES 100.00
697976207 06-009629 MATERIALS & SUPPLIES 70.40
698512399 06-009629 MATERIALS & SUPPLIES 45.00
698513652 06-009629 MATERIALS & SUPPLIES 81.90
698566189 06-009629 MATERIALS & SUPPLIES 86.30
699047809 06-009629 MATERIALS & SUPPLIES 125.71
699810479 06-009629 MATERIALS & SUPPLIES 507.31
700290257 06-009629 MATERIALS & SUPPLIES 328.37
700543812 06-009629 MATERIALS & SUPPLIES 300.81
701071375 06-009629 MATERIALS & SUPPLIES 296.12
701471948 06-009629 MATERIALS & SUPPLIES 55.05
701782005 06-009629 MATERIALS & SUPPLIES 179.67
702805540 06-009629 MATERIALS & SUPPLIES 246.79
Page: 10
City Council Regular Meeting - Page 16 of 272
vchlist Prepaid-Check List Page: 11
09/27/2022 4:25:01PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount --
205728 9/27/2022 013215 THE HOME DEPOT PRO SUPPLY WORK (Continued) 703051458 06-009629 MATERIALS & SUPPLIES 245.98
703305151 06-009629 MATERIALS & SUPPLIES 692.46
703508010 06-009629 MATERIALS & SUPPLIES 132.20
703518548 06-009629 MATERIALS & SUPPLIES 568 .89
703519447 06-009629 MATERIALS & SUPPLIES 1,154.10
703741538 06-009629 MATERIALS & SUPPLIES 186.32
703939272 06-009629 MATERIALS & SUPPLIES 1,100.74
704519057 06-009629 MATERIALS & SUPPLIES 692.46
Total : 7,595.67
205729 9/27/2022 006399 AT&T 000018743185 TELEPHONE SERVICE 27.42 000018750561 TELEPHONE SERVICE 102.16
000018750563 TELEPHONE SERVICE 26.80
000018750564 TELEPHONE SERVICE 330 .27
000018750566 TELEPHONE SERVICE 75.39
000018750570 TELEPHONE SERVICE 102.16
000018750574 TELEPHONE SERVICE 26.80
000018750680 TELEPHONE SERVICE 51 .92
000018750681 TELEPHONE SERVICE 51 .92
000018750751 TELEPHONE SERVICE 51.92
Total : 846.76
205730 9/27/2022 000955 CENTRAL BASIN MUNICIPAL WATER LYN-AUG22 06-009601 IMPORTED DRINKING WATER 4,197.79 Total : 4,197 .79
205731 9/27/2022 001224 STANDARD INSURANCE COMPANY 001224-103122 LIFE INSURANCE PREMIUM 10/2022 761 .00 Total : 761.00
205732 9/27/2022 011963 WEX BANK 83660714 06-009598 FUEL CHARGES CITY VEHICLES 15,814.06 Total : 15,814.06
205733 9/27/2022 001224 STANDARD INSURANCE COMPANY Ben147595 AD&D STANDARD LIFE INSURANCE: 647.98 Ben147853 AD&D STANDARD LIFE INSURANCE : 65.13
Ben147886 STANDARD LIFE INSURANCE: 693 .89
Total : 1,407.00
Page: 11
City Council Regular Meeting - Page 17 of 272
vchlist
09/27/2022
Bank code :
Voucher
4:25:01PM
apbank
Date Vendor
24 Vouchers for bank code :
24 Vouchers in this report
apbank
Prepaid Check List
City of Lynwood
Invoice PO# Description/Account
-------
Bank total:
Total vouchers :
Page: 12
Amount
148,950.17
148,950.17
Page: 12
City Council Regular Meeting - Page 18 of 272
vchlist Check List Page: 13
09/28/2022 9:27:07AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount --
205734 10/4/2022 001994 ALIN'S PARTY SUPPLY CO. 620150 08-005041 COMMUNITY ACTIVITIES EXPENSE 1,613.40 Total: 1,613.40
205735 10/4/2022 007439 ALL CITY MANAGEMENT SVCS, INC. 79461 11-002148 PROF & CONTRACTUAL SERVICE 18,845.05 Total: 18,845.05
205736 10/4/2022 010746 ALVAREZ-GLASMAN & COLVIN 2022-06-20380-8 02-002622 LEGAL SERVICES 66.00 Total: 66.00
205737 10/4/2022 003312 AMERICAN RENTALS 513619 06-009662 SUPPLIES AND EQUIPMENT 663.41 513763 06-009662 SUPPLIES AND EQUIPMENT 1,262.89
Total: 1,926.30
205738 10/4/2022 011094 AM-TEC TOTAL SECURITY, INC. 625133 06-009615 ALARM SYSTEMS 162.00 Total : 162.00
205739 10/4/2022 013678 AVALOS, CYNTHIA 488130199 REFUND-PARKING CITATION 69.00 Total : 69.00
205740 10/4/2022 004285 AVANT GARDE, INC. 7917 06-009393 PROF & CONTRACTUAL SERVICE 18,202.20 Total : 18,202.20
205741 10/4/2022 004285 AVANT GARDE, INC. 7912 11-002161 PROF & CONTRACTUAL SERVICE 1,062.50 7913 06-008242 PROF & CONTRACTUAL SERVICE 440.00
7914 06-009555 PROF & CONTRACTUAL SERVICE 250.00
S7916 06-008243 PROF & CONTRACTUAL SERVICE 250.00
7918 06-009558 PROF & CONTRACTUAL SERVICE 125.00
7919 06-008790 PROF & CONTRACTUAL SERVICE 202.50
7921 06-009437 PROF & CONTRACTUAL SERVICE 680.00
7922 06-009525 PROF & CONTRACTUAL SERVICE 340.00
7924 06-009647 PROF & CONTRACTUAL SERVICE 900.00
7931 06-009623 PROF & CONTRACTUAL SERVICE 204.00
Total: 4,454.00
205742 10/4/2022 004986 BIOMETRICS4ALL, INC COLYN0099 05-001938 OTHER FEES FOR SERVICES 9.00 Total : 9.00
Page: 13
City Council Regular Meeting - Page 19 of 272
vchlist Check List Page: 14
09/28/2022 9:27:07AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205743 1 0/4/2022 012271 BIONIC GRAPHICS 18 06-009718 OTHER FEES FOR SERVICES 1,399.07 Total : 1,399.07
205744 10/4/2022 000300 BUB BS HARDWARE 239 06-009599 OPERATING SUPPLIES 485 .33 Total : 485 .33
205745 10/4/2022 001330 CANON FINANCIAL SERVICES , INC. 29166941 12-000407 RENTAL EQUIPMENT 321 .75 29166942 12-000407 RENTAL EQUIPMENT 770.16
29166943 08-004994 RENTAL EQUIPMENT 262.81
Total: 1,354.72
205746 10/4/2022 008889 CASANOVA , JORGE A. 008889-1 03122 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
205747 10/4/2022 001195 CDW GOVERNMENT CL49323 12-000417 OFFICE EQUIPMENT 7,321.15 Total : 7,321.15
205748 10/4/2022 001168 CINTAS CORPORATION NO. 2 5120755629 08-005036 FIRST AID SUPPLIES 136.38 8405831143 08-005036 FIRST AID SUPPLIES 319.68
Total: 456.06
205749 10/4/2022 010754 COOL IMAGE WATER, DBA/ AMERICAN 1642 08-004995 PROF & CONTRACTUAL SERVICE 63.20 1644 11-002152 PROF & CONTRACTUAL SERVICE 79.40
1645 01-001748 PROF & CONTRACTUAL SERVICE 62.50
1646 02-002629 PROF & CONTRACTUAL SERVICE 16.90
1647 08-004995 PROF & CONTRACTUAL SERVICE 38.20
1648 08-004995 PROF & CONTRACTUAL SERVICE 27.55
1649 08-004995 PROF & CONTRACTUAL SERVICE 31 .25
1650 06-009645 PROF & CONTRACTUAL SERVICE 156.25
Total: 475.25
205750 10/4/2022 001306 CORE LOGIC SOLUTIONS, LLC. 30618575 12-000408 PROPERTY OWNER INFORMATION 265.23 30624670 12-000408 PROPERTY OWNER INFORMATION 265.23
Total : 530.46
205751 10/4/2022 007243 COUNTY OF LOS ANGELES, 22091201474 06-009625 TRAFFIC SIGNAL MAINTENANCE 779.87 22091201475 06-009625 TRAFFIC SIGNAL MAINTENANCE 844.78 Page: 14
City Council Regular Meeting - Page 20 of 272
vchlist Check List Page: 15
09/28/2022 9:27:07AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205751 10/4/2022 007243 007243 COUNTY OF LOS ANGELES, (Continued) Total: 1,624.65 205752 10/4/2022 013520 DESIGN INC., CALIFORNIA LANDSCAPE & 38440 06-009484 PROF & CONTRACTUAL SERVICE 221 ,326.44 Total: 221,326.44
205753 10/4/2022 001987 DISTRICT OF SOUTHERN CALIF., WATER 22-06-T22-019 06-009618 WATER QUALITY MONITORING 6,082.00 Total: 6,082.00
205754 10/4/2022 009633 EVENT STEP AND REPEAT 15821 08-005037 ADVERTISING & PRINTING 68.99 15828 08-005037 ADVERTISING & PRINTING 3,164.55
Total: 3,233.54
205755 10/4/2022 001087 FANTASY FLOWERS AND GIFTS 9727 08-005011 COMMUNITY ACTIVITIES EXPENSE 187.43 Total: 187.43
205756 10/4/2022 003983 GALLS QUARTERMASTER BC1688954 11-002139 UNIFORMS & ACCESSORIES 97.02 BC1696613 11-002139 UNIFORMS & ACCESSORIES 128.79
BC1696873 11-002139 UNIFORMS & ACCESSORIES 331.44
Total: 557.25
205757 10/4/2022 001510 GRAINGER, INC. 9440451418 06-009578 OPERATING SUPPLIES 85.66 Total : 85.66
205758 10/4/2022 005001 GREENFIELDS OUTDOOR FITNESS RP001076 08-005043 PROF & CONTRACTUAL SERVICE 285.55 Total : 285.55
205759 10/4/2022 000993 GRM INFORMATION MANAGEMENT 0460550 12-000409 PROF & CONTRACTUAL SERVICE 99.10 0462733 12-000409 PROF & CONTRACTUAL SERVICE 99.10
Total: 198.20
205760 10/4/2022 013677 GUTIERRES, VIDAURI DAVID 444130114 REFUND-PARKING CITATION 69.00 Total: 69.00
205761 10/4/2022 009832 HARDING, ELIZABETH B. 009832-083122 08-005019 PROF & CONTRACTUAL SERVICE 170.00 Total : 170.00
205762 10/4/2022 001681 HUMAN SERVICES ASSOCIATION 083120236 08-005021 CV GRANT SENIOR MEAL SERVICE 3,427.50 Page: 15
City Council Regular Meeting - Page 21 of 272
vchlist Check List Page: 16
09/28/2022 9:27:07AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205762 10/4/2022 001681 001681 HUMAN SERVICES ASSOCIATION (Continued) Total : 3,427.50 205763 10/4/2022 005848 INFRASTRUCTURE ENGINEERS 27781 06-009742 PROF & CONTRACTUAL SERVICE 18,486 .00 27798 06-009743 PROF & CONTRACTUAL SERVICE 22,304.00
27855 06-009745 PROF & CONTRACTUAL SERVICE 20,029.50
27856 06-009746 PROF & CONTRACTUAL SERVICE 29,274.49
27882 11-002159 PROF & CONTRACTUAL SERVICE 3,640 .00
27891 11-002159 PROF & CONTRACTUAL SERVICE 20,811 .57
27911 06-009742 PROF & CONTRACTUAL SERVICE 19,656 .00
27912-A 06-009743 PROF & CONTRACTUAL SERVICE 27,552.00
27932 06-009514 PROF & CONTRACTUAL SERVICE 2,250.00
27937 06-009431 PROF & CONTRACTUAL SERVICE 1,096.70
27938 06-009430 PROF & CONTRACTUAL SERVICE 1,012 .00
27939 06-009427 PROF & CONTRACTUAL SERVICE 2,056 .20
27940 06-009428 PROF & CONTRACTUAL SERVICE 929.80
27941 06-009423 PROF & CONTRACTUAL SERVICE 1,417.60
27942 06-009424 PROF & CONTRACTUAL SERVICE 2,106.90
27943 06-009424 PROF & CONTRACTUAL SERVICE 1,564 .99
27943-A 06-009425 PROF & CONTRACTUAL SERVICE 1,332.71
27944 06-009441 PROF & CONTRACTUAL SERVICE 5,015 .80
Total : 180,536.26
205764 10/4/2022 005848 INFRASTRUCTURE ENGINEERS 27929 06-007071 PROF & CONTRACTUAL SERVICE 718 .25 Total : 718.25
205765 10/4/2022 000844 J & G GRAPHICS 05606 06-009699 PRINTING SERVICES 104.01 Total : 104.01
205766 10/4/2022 008254 JCL TRAFFIC SERVICES 116172 06-009652 STREET SIGNS AND SUPPLIES 1,154.80 116173 06-009652 STREET SIGNS AND SUPPLIES 853.11
Total : 2,007.91
205767 10/4/2022 000001 KING FENCE, INC 45848 11-002142 RENTAL BLDGS & EQUIPMENT 4,088.92 Total : 4,088.92
205768 10/4/2022 013676 LINARES, GABRIEL 013676-090922 REIMB-TRAVEL EXPENSE 43.23 Total : 43.23
Page: 16
City Council Regular Meeting - Page 22 of 272
vchlist Check List Page: 17
09/28/2022 9:27:07AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205769 1 0/4/2022 013661 M & J CARPETS CORPORATION 61719 08-005034 PROF & CONTRACTUAL SERVICE 2,500 .00 Total : 2,500.00
205770 10/4/2022 002761 MARCO POWER EQUIPMENT 21214961 06-009672 MACHINERY & EQUIPMENT 101.43 Total: 101.43
205771 10/4/2022 000475 NATIONWIDE ENVIRONMENTAL SVCS . 32645 06-009653 PROF & CONTRACTUAL SERVICE 49,399 .15 32671 06-009653 PROF & CONTRACTUAL SERVICE 5,514 .14
Total: 54,913.29
205772 10/4/2022 000475 NATIONWIDE ENVIRONMENTAL SVCS . 32576 06-009605 PROF & CONTRACTUAL SERVICE 47,793 .09 32576-A 11-002160 PROF & CONTRACTUAL SERVICE 5,310 .34
32645-A 11-002160 PROF & CONTRACTUAL SERVICE 4,885 .63
32646 06-009704 PROF & CONTRACTUAL SERVICE 1,812.00
32646-A 11-002160 PROF & CONTRACTUAL SERVICE 1,158 .50
Total : 60,959.56
205773 10/4/2022 011922 NORTH STAR LAND CARE LLC 1601-377 06-009620 PROF & CONTRACTUAL SERVICE 4,284.00 1601-396 06-009620 PROF & CONTRACTUAL SERVICE 12,700 .00 1601-398 06-009620 PROF & CONTRACTUAL SERVICE 4,020 .00 Total : 21,004.00
205774 10/4/2022 000078 ODP BUSINESS SOLUTIONS,LLC 266889177001 02-002609 OFFICE SUPPLIES 145.41 Total : 145.41
205775 10/4/2022 013552 ODP BUSINESS SOLUTIONS ,LLC 247777504001 11-002176 OFFICE SUPPLIES 393 .58 Total : 393.58
205776 10/4/2022 010945 PETDATA, INC . 11045 11-002146 PROF & CONTRACTUAL SERVICE 500.00 Total : 500.00
205777 10/4/2022 006281 PROFESSIONAL SECURITY, IN000121459 06-009607 SECURITY SERVICES 1,636 .30 Total: 1,636.30
205778 10/4/2022 012209 PSOMAS 187780 06-009008 PROF & CONTRACTUAL SERVICE 1,650.00 Total: 1,650.00
205779 10/4/2022 008690 RICOH USA, INC. 5064185283 06-009707 EQUIPMENT RENTAL 178.10 Page: 17
City Council Regular Meeting - Page 23 of 272
vchlist Check List Page: 18
09/28/2022 9:27:07AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205779 1 0/4/2022 008690 008690 RICOH USA, INC. (Continued) Total: 178.10 205780 10/4/2022 005067 ROADLINE 17873 06-009626 OPERATING SUPPLIES 3,225.20 17874 06-009626 OPERATING SUPPLIES 3,174.08
17874-A 06-009628 OPERATING SUPPLIES 1,641.48
17882 06-009626 OPERATING SUPPLIES 446.90
17900 06-009626 OPERATING SUPPLIES 645.35
Total : 9,133.01
205781 10/4/2022 011923 SAFNA ENGINEERING & CONSUL TING 10294 06-009733 PROF & CONTRACTUAL SERVICE 7,200.00 10303 06-009733 PROF & CONTRACTUAL SERVICE 2,400.00
Total : 9,600.00
205782 10/4/2022 007205 SANCHEZ AWARDS 2077 08-005028 COMMUNITY ACTIVITIES EXPENSE 373.74 Total : 373.74
205783 10/4/2022 008802 SANTANA, MARISELA 008802-103122 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
205784 10/4/2022 008424 SIDDELL, STEPHANIE 878 08-005045 COMMUNITY ACTIVITIES EXPENSE 75.00 Total: 75.00
205785 10/4/2022 008668 SOLACHE, JOSE LUIS 008668-1 03122 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
205786 10/4/2022 012692 SOTO, RITA 012692-103122 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
205787 10/4/2022 008420 SWANK MOTION PICTURES, INC DB 3214605 08-004988 COMMUNITY ACTIVITIES EXPENSE 465.00 Total: 465.00
205788 10/4/2022 002938 TAJ OFFICE SUPPLY 01864 11-002174 OFFICE EQUIPMENT 734.27 01864.1 11-002174 OFFICE EQUIPMENT 1,236.94
01888 11-002174 OFFICE EQUIPMENT 92.60
01899 11-002177 OFFICE SUPPLIES 43.00
01935 11-002177 OFFICE SUPPLIES 97.02
Total : 2,203.83
Page: 18
City Council Regular Meeting - Page 24 of 272
vchlist Check List Page: 19
09/28/2022 9:27:07AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205789 1 0/4/2022 008811 TARGET SPECIAL TY PRODUCTS INVP500911783 06-009589 MACHINERY & EQUIPMENT 8,875 .34 Total : 8,875.34
205790 10/4/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 707425898 06-009630 MATERIALS & SUPPLIES 1,190.70 Total: 1,190.70
205791 10/4/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 704729359 06-009629 MATERIALS & SUPPLIES 690.90 705272557 06-009629 MATERIALS & SUPPLIES 148.21
706238417 06-009629 MATERIALS & SUPPLIES 158.25
706477445 06-009629 MATERIALS & SUPPLIES 18.54
706739562 06-009629 MATERIALS & SUPPLIES 422.35
Total : 1,438.25
205792 10/4/2022 012294 TRANSTECH ENGINEERS, INC. 20221051 06-009656 PROF & CONTRACTUAL SERVICE 8,735 .00 20221053 06-009549 PROF & CONTRACTUAL SERVICE 15,587.50 Total : 24,322.50
205793 10/4/2022 003001 TYLER TECHNOLOGIES , INC. 045-387632 12-000413 PROF & CONTRACTUAL SERVICE 350 .00 045-388447 12-000413 PROF & CONTRACTUAL SERVICE 350 .00 Total : 700.00
205794 10/4/2022 009742 UNIFIRST CORPORATION 3242779790 06-009621 UNIFORM SERVICE AND SUPPLIES 14.71 3242779791 06-009621 UNIFORM SERVICE AND SUPPLIES 56.49 3242779792 06-009621 UNIFORM SERVICE AND SUPPLIES 56.22 3242779793 06-009621 UNIFORM SERVICE AND SUPPLIES 86.25 3242779794 06-009621 UNIFORM SERVICE AND SUPPLIES 107.22 3242779795 06-009621 UNIFORM SERVICE AND SUPPLIES 84.59 3242783128 06-009621 UNIFORM SERVICE AND SUPPLIES 14,71 3242783129 06-009621 UNIFORM SERVICE AND SUPPLIES 56.49 3242783130 06-009621 UNIFORM SERVICE AND SUPPLIES 56.22 3242783131 06-009621 UNIFORM SERVICE AND SUPPLIES 86.25 3242783132 06-009621 UNIFORM SERVICE AND SUPPLIES 124.02 3242783133 06-009621 UNIFORM SERVICE AND SUPPLIES 92.04 Total : 835.21
205795 10/4/2022 002912 WATERLINE TECHNOLOGIES,INC 5602012 06-009610 OPERATING SUPPLIES 706.98 5602013 06-009610 OPERATING SUPPLIES 248 .06
Page : 19
City Council Regular Meeting - Page 25 of 272
vchlist
09/28/2022 9:27:07AM
Bank code : apbank
Voucher
205795
205796
205797
205798
Date Vendor
10/4/2022 002912 WATERLINE TECHNOLOGIES,INC
10/4/2022 000040 WAX.IE SANITARY SUPPLY
10/4/2022 001522 WECK LABORATORIES , INC.
10/4/2022 000057 WILLDAN ENGINEERING
65 Vouchers for bank code :
65 Vouchers in this report
apbank
Check List
City of Lynwood
Invoice
(Continued)
5602015
5603244
5603251
5603252
81186864
W210678
02212904
02212914
Page: 20
PO# Description/Account Amount
06-009610 OPERATING SUPPLIES 334.88
06-009610 OPERATING SUPPLIES 694.58
06-009610 OPERATING SUPPLIES 272.87
06-009610 OPERATING SUPPLIES 248.06
Total : 2,505.43
06-009611 JANITORIAL SUPPLIES 1,806.21
Total : 1,806.21
06-009597 ANALYZE WATER SAMPLES 230.00
Total: 230.00
06-009450 PROF & CONTRACTUAL SERVICE 3,235.00
06-009450 PROF & CONTRACTUAL SERVICE 5,762.50
Total : 8,997.50
Bank total : 700,848.18
Total vouchers : 700,848.18
Page: 20
City Council Regular Meeting - Page 26 of 272
RESOLUTION NO. 2022.XXX
Warrant Registers Dated 10-4-2022
PASSED, APPROVED and ADOPTED this 4th day of October_, 2022.
Jorge Casanova, Mayor
ATTEST:
__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration
City Council Regular Meeting - Page 27 of 272
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, 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 meeting held on the 4th day of October, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
________________________
Maria Quiňonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, 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. 2022.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this _4th day of October_, 2022.
___________________________
Maria Quiňonez,
City Clerk
City Council Regular Meeting - Page 28 of 272
Agenda Item # 9.
AGENDA STAFF REPORT
DATE:
October 4, 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:
AGREEMENT FOR PROFESSIONAL AUDITING SERVICES
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD AUTHORING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE PUN GROUP, LLP TO PROVIDE PROFESSIONAL AUDITING SERVICES”.
Background:
The City contracts with The Pun Group, LLP to provide professional auditing services and has utilized the firm’s services since 2016.
Discussion and Analysis:
The annual audit is required by the State and is made available to external users such as bond credit agencies, investors and the public. It is very important that the City contract with an audit firm that possess high qualifications, extensive experience auditing local government agencies, and a high level of professionalism and expertise.
Therefore, staff is recommending that the City Council authorize the Mayor to enter into a new agreement with The Pun Group, LLP to provide professional auditing services for fiscal year ending June 30, 2022 and June 30, 2023.
Due to timing of the year-end audit field work and in order to ensure timely issuance of the Annual Comprehensive Financial Report, we request that the City Council exercise the 4/5ths rule to approve this agreement, pursuant to Section 6-3.13 (a)(3) of the Lynwood Municipal Code.
Fiscal Impact:
City Council Regular Meeting - Page 29 of 272
Costs for services are included in the FY 2022-23 operating budget and will accounted for in the budget for FY 2023-24.
Coordinated With:
City Attorney
City Manager's Office
ATTACHMENTS:
Description
Resolution
Auditing Services Agreement
City Council Regular Meeting - Page 30 of 272
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE PUN
GROUP, LLP TO PROVIDE PROFESSIONAL AUDITING SERVICES
WHEREAS, the contracts with The Pun Group, LLP to provide professional auditing services and has utilized the firm’s services since 2016; and
WHEREAS, the annual audit is required by the State and is made available to external users such as bond credit agencies, investors and the public; and
WHEREAS, it is important that the City contract with an audit firm that possess high qualifications, extensive experience auditing local government agencies, and a high level of professionalism and expertise; and
WHEREAS, staff is recommending that the City Council authorize the Mayor to enter into a new agreement with The Pun Group, LLP; and
WHEREAS, due to the Pun Group’s extensive experience auditing local government agencies, high level of professionalism and expertise and the timing of the year-end audit field work and in order to ensure timely issuance of the Annual Comprehensive Financial Report, we request that the City Council exercise the 4/5ths rule to approve this agreement, pursuant to Section 6 -3.13 (a)(3) of the Lynw ood Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF 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. Per Section 6-3.13.3 of the Lynwood Municipal Code, the Lynwood City Council finds, by this Resolution adopted by not less than four -fifths (4/5) of its members, that acquisition of the Pun Group’s auditing services may be more economically and efficiently effected through the use of an alternate procedure due to the Pun Group’s extensive experience auditing local government agencies, and high level of professionalism and expertise.
City Council Regular Meeting - Page 31 of 272
Section 3. The City Council authorizes the Mayor to enter into an agreement with The Pun Group, LLP for professional auditing services for year ending June 30, 2022 and June 30, 2023 , approved as to form by the City Attorney . The City Council also authorizes the Mayor to execute this 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.
PASSED, APPROVED AND ADOPTED this 4th day of October, 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
City Council Regular Meeting - Page 32 of 272
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1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of September 27, 2022 , by and between the City of Lynwood, a municipal corporation ("City") and The Pun Group, LLP (“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 professional auditing services for fiscal year ending June 30, 2022 and June 30, 2023 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 27, 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 September 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. 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 document ation 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 $79,000 and $ 79,000 for fiscal year ending June 30, 2022 and June 30, 2023, respectively.
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 City Council Regular Meeting - Page 34 of 272
2 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
Consultlant
The Pun Group, LLP
200 East Sandpointe Avenue, Suite 600
Santa Ana, CA 92707
Attn: Kenneth H. Pun, CPA, CGMA
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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3 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
THE PUN GROUP, LLP
By: _______________________________ ________________________ Kenneth H. Pun, CPA Date
ATTEST:
By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
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1 EXHIBIT A
SCOPE OF WORK, TIME OF PEFORMANCE AND
COMPENSATION SCHEDULE
NATURE OF SERVICES REQUIRED
A. Scope of Work to be Performed
Financial Statement of Audits and issuance of an opinion statement on the Annual Comprehensive Financial Report (ACFR) of the City of Lynwood. The audit will be conducted in accordance with Generally Accepted Government Auditing Standards. The report will be in full compliance with all current GASB pronouncements.
The following components units wi ll be audited as part of the City’s financial statements:
Former Lynwood Redevelopment Agency
Lynwood Public Financing Authority
In addition, the Firm will assist in meeting the requirements for the Government Finance Officers Association (GFOA) “ Certificate of Achievement for Excellence in Financial Reporting.”
If needed, prepare a Single Audit Report which will include the following:
Report on compliance and on internal control over financing reporting based on an audit of financial statement p erformed in accordance with Government Auditing Standards.
Report on compliance with requirements applicable to each major program, internal control over compliance, and on the schedule of expenditures of federal awards in accordance with Uniform Guidance ,
Audits of State and Local Governments,” and the Single Audit Act of 1984 (Public Law 98-502).
Schedule of Expenditures of Federal Awards
Notes to Schedule of Expenditures of Federal Awards
Schedule of Findings and Questioned Costs
Any other required schedules or reports
Prepare the Data Collection Form for Reporting on Audits of States, Local Government, and Non-Profit Organizations.
Test compliance with Proposition 111, Article XIII.B – Review of Appropriation Limit Calculations (GANN)
Issue an Auditor’s Communication Letter with any reportable conditions founding City Council Regular Meeting - Page 37 of 272
2 the audit. A reportable condition will be defined as a material weakness or significant deficiency.
Issue a separate “Management Letter” that includes recommendations for improvements on i nternal control, accounting procedures, and other significant observations that are considered to be no reportable conditions.
Prepare and submit the California State Controller’s Cities Financial Transactions Report.
Perform the Successor Agency to the Lynwood Redevelopment Agency’s compliance examination.
TIME OF PERFORMANCE
Audit field work will begin as soon as possible and to issue audited ACFR reports no later than December 22, 2022 and December 21, 2023, respectively. Other reports shall be issued and filed timely by the regulatory filing deadlines of each year.
COMPENSATION SCHEDULE
Audit Services fee is not -to-exceed $79,000 and $79,000 for fiscal year ending June 30, 2022 and June 30, 2023, r espectively. Once the audit is complete and after the City receives invoices from the audit firm, the City of Lynwood will issue payments to The Pun Group, LLP.
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3 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 su ch 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. Ne ither 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 Afford able 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, a nd responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and City Council Regular Meeting - Page 39 of 272
4 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 Agreem ent 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.
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5 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 I nsurance (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.
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6 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 compens ation 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, City Council Regular Meeting - Page 42 of 272
7 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, 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 obli gation, 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 informati on 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 accor dance 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 City Council Regular Meeting - Page 43 of 272
8 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.
B. Consultant will, in all solicitations or advertisements for employees placed by City Council Regular Meeting - Page 44 of 272
9 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 ass ign 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 anniver sary 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 wa y 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 City Council Regular Meeting - Page 45 of 272
10 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 delivere d 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 t he 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 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, City Council Regular Meeting - Page 46 of 272
11 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 civi l 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 emplo yees; (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 # 10.
AGENDA STAFF REPORT
DATE:
October 4, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Gabriel Linares, Director of Community Development
John Yonai, Consultant
SUBJECT:
PROFESSIONAL SERVICES AGREEMENT WITH RAMBOLL, INC. TRIANGLE SITE – DTSC-ECRG GRANTS
Recommendation:
Staff recommends that the City Council adopt the following resolution entitled:
“
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH RAMBOLL FOR
ENVIRONMENTAL STUDIES AND SERVICES REQUIRED TO PROCEED WITH PROPOSED
AFFORDABLE HOUSING PROJECT(S) AND COMMERCIAL DEVELOPMENT AT A LOCATION
COMMONLY KNOWN AS THE ALAMEDA TRIANGLE FUNDED BY THE DTSC-ECRG GRANTS ”
Background:
In 2013, the City started its efforts to address the environment concerns at the Alameda Triangle site. The City in conjunction with the Department of Toxic Substances Control (DTSC) initiated discussions to develop a Removal Action Workplan (RAW), formerly referred to as Remedial Action Plan (RAP), for the Alameda Project Area. Due to funding constraints, the process of developing and approving a RAW was not completed. Additionally, the DTSC requested a Remediation Response Plan (“Response Plan”) along with the RAW for the Alameda Triangle Site. Due to time, the previous work must be updated with current environmental data and refined for the City-controlled properties.
In order to continue the process, develop and provide the needed information, in December 2021 the City initialized the application process for the Department of Toxic Substances Control Equitable Community Revitalization (DTSC-ECRG) Grant. The City, in collaboration with Ramboll (environmental consulting firm) and Cox-Castle Law Firm completed the DTSC-ECRG grant applications. The City was successful in receiving two (2) DTSC-ECRG grants for the three (3) parcels in the Alameda Triangle Site.
The two (2) DTSC-ECRG grants awarded include the following; #1 ECRG-2021-00568 for Assessor Parcel Numbers 6169-002-904 (now 6169-002-912) and 6169-002-905 (now 6169-002-912) in the amount of $242,067.00, and #2 ECRG-2021-00637 for Assessor Parcel Number 6169-001-900 in the amount of City Council Regular Meeting - Page 48 of 272
$184,150.00.
Staff and Consultant are seeking to complete the RAW for all 3 parcels urgently and seek DTSC approval of the RAW. Once the RAW is completed and approved by DTSC, it will allow the City to apply for the second Round of the DTSC-ECRG grant which was announced on September 16, 2022. Applications for the Second Round of DTSC-ECRG funds are expected to be submitted in Late December 2022 or January 2023. The Consultant anticipates that the RAW will take through November 2022 to complete and receive preliminary approval by the DTSC. If the City Maintains this Schedule it will be in a solid position to apply for the Second round of DTSC- ECRG funding for actual remediation and allow for future development of housing and commercial components as contemplated with the Primestor Development.
City staff requests that the City Council approve an Agreement with Ramboll for a not to exceed amount of $404,906.00 for the period of June 22, 2022 to September 20, 2024.
Section 6-3.9(e) requires the City to procure professional services via an RFP process when the services is expected to cost more than $25,000. Section 6-3.13(a)(3) is an exception to the RFP requirement. This exception authorizes the City to secure professional services via an alternative procedure when the City Council finds by no less than a 4/5 vote of the City Council that the services may be procured more economically or efficiently via the alternative procedure. City staff believes that contracting directly with Ramboll's is a more efficient and economical than an RFP process due to Ramboll's knowledge and experience with the site. In fact, the grant award notes that Ramboll is most likely to undertake the required work due to their past experience working on the project.
Discussion and Analysis:
The City proposes to enter into a Professional Services Agreement (“Agreement”) with Ramboll to provide needed environmental services for the completion of an Alameda Triangle RAW for the approval by DTSC, which also include services needed in connection with the completion of both the RAW and a Response Plan.
The two (2) DTSC-ECRG grants total approximately $426,217.00; made up of #1 ECRG-2021-00568 for
Assessor Parcel Numbers 6169-002-904 (now 6169-002-912) and 6169-002-905 (now 6169-002-912) in the amount of $242,067.00, and #2 ECRG-2021-00637 for Assessor Parcel Number 6169-001-900 in the amount of $184,150.00.
Based on Grant requirements five percent (5%) of the total grant amounts are allocated for project administrative services and ninety-five percent (95%) to developing the RAW and Response Plan by the Consultant.
The
preparation of technical environmental documents for completion of the RAW and Response Plan are critical for the proposed future development of affordable housing and commercial development on the City-controlled Alameda Triangle properties.
City staff requests that the City Council approve an Agreement with Ramboll for a not to exceed amount of $404,906.00 for the period of June 22, 2022 to September 20, 2024.
Section 6-3.9(e) requires the City to procure professional services via an RFP process when the services is expected to cost more than $25,000.
Section 6-3.13(a)(3) is an exception to the RFP requirement.
This exception
authorizes the City to secure professional services via an alternative procedure when the City Council finds by no less than a 4/5 vote of the City Council that the services may be procured more economically or efficiently via the alternative procedure.
City staff believes that contracting directly with Ramboll's is a more efficient and economical than an RFP process due to Ramboll's knowledge and experience with the site.
In fact, the grant award notes that
Ramboll is most likely to undertake the required work due to their past experience working on the project.
Fiscal Impact:
There is no impact to the General Fund. The total cost for these services will be reimbursed through the DTSC- ECRG Grants awarded to the City.
City Council Regular Meeting - Page 49 of 272
Staff also request the Finance Department to amend the fiscal year 2022-23 budget and appropriate as follows:
Fund
Dept
Div
Object
Description
Amount
3537
51 216
To Be
Determined
DTSC-ECRG (Alameda
Triangle) Grant
$426,217
Fund
Dept
Div
Object
Description
Amount
3537
51 32157
Grant Revenue
$426,217
Coordinated With:
City Manager's Office
City Attorney
Finance & Administration Services
ATTACHMENTS:
Description
Resolution
Attachment A - Professional Services Agreement
Attachment B - Ramboll Proposal
City Council Regular Meeting - Page 50 of 272
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STAT E OF CALIFORNIA AUTHORIZING
A PROFESSIONAL SERVICES AGREEMENT WITH RAMBOLL FOR
ENVIRONMENTAL STUDIES AND SERVICES REQUIRED TO
PROCEED WITH PROPOSED AFFORDABLE HOUSING PROJECT(S)
AND COMMERCIAL DEVELOPMENT AT A LOCATION COMMONLY
KNOWN AS THE ALAMEDA TRIANGLE FUNDED BY THE DTSC-ECRG
GRANTS
WHEREAS, in 2013, a Removal Action Workplan (RAW), formerly referred to as a Remedial Action Plan (RAP) for the Alameda Project Area was initiated for submittal to the Department of Toxic Substances (DTSC) for review and approval. Due to funding constraints, the review process and approval of the RAW was not completed; and
WHEREAS, the City was successful in its submission of two (2) grant applications to the Department of Toxic Substance Control Equitable Community Revitalization (DTSC-ECRG) Grants to review the site and develop a RAW for the three (3) parcels in the Alameda Triangle controlled by the City; and
WHEREAS, the DTSC-ECRG grants #1 ECRG -2021-00568 for Assessor Parcel Numbers 6169-002-904 (now 6169-002-912) and 6169-002-905 (now 6169-002-912) in the amount of $242,067.00, and #2 ECRG -2021-00637 for Assessor Parcel Numbe r 6169-001-900 in the amount of $184,150.00 will allow the City to develop and finalize RAP for the Alameda Triangle Site s, and complete a Remediation Response Plan (Response Plan) that will be u pdated with current environmental data and refined to include only City-controlled property; and
WHEREAS, the funds required by the City of Lynwood (“City”) for the Professional Services Agreement (“Agreement”) with Ramboll (“Consultant”) to provide the needed environmental services for the completion of an Alameda Triangle RAP and Response Plan for approval by the DTSC will be funded through the two (2) DTSC -ECRG Grants; and
WHEREAS, the total amount of the Agreement will not exceed the DTSC -ECRG grant amounts; and
WHEREAS, the amount requested does not exceed the usable amount and use is consistent with the intended use of said funds; and
WHEREAS, the preparation of technical environmental documents for completion of the RAW and Response Plan is critical for the proposed future development of affordable housing on the city-controlled Alameda Triangle property and therefore funding to extend the Agreement for said services is in order.
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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, 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. Per Section 6-3.13.3 of the Lynwood Municipal Code, the Lynwood City Council finds, by this Resolution adopted by not less than four -fifths (4/5) of its members, that acquisition of Ramboll’s environmental services may be mo re economically and efficiently effected through the use of an alternate procedure due to Ramboll’s knowledge and experience working on the project.
Section 3. The City Council of the City of Lynwood hereby authorizes the City Manager, or his designee , to take necessary steps, including the execution of the First Amendment to the Agreement and other related documents with Ramboll to undertake the implementation of all related services under the Agreement’s Scope of Work.
Section 4. The City Council of the City of Lynwood hereby authorizes, in a form approved by the City Attorney, an Agreement with Ramboll for a not to exceed amount of $404,906.00 for the period of June 22, 2022 to September 20, 2024, unless brought back to the City Council for amendment and or extension. Ramboll shall provide needed environmental services for the completion of an Alameda Triangle RAW for the approval by DTSC, which includes services needed in connection with the completion of a Response Plan.
Section 5. The Fiscal Year 2022-23 Budget is hereby amended by appropriating as follows:
Fund Dept Div Object Description Amount
3537 51 216 To Be
Determined
DTSC-ECRG (Alameda
Triangle) Grant
$426,217
Fund Dept Div Object Description Amount
3537 51 32157 Grant Revenue $426,217
Section 6. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 7. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
City Council Regular Meeting - Page 52 of 272
3 PASSED, APPROVED and ADOPTED this 4th day of October, 2022.
Jorge Casanova
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Ernie Hernandez
City Attorney City Manager
City Council Regular Meeting - Page 53 of 272
1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of October 4, 2022 by and between the City of Lynwood, a municipal corporation ("City") and Ramboll US Corporation (“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, the City desires to utilize the services of Consultant as an independent contractor to provide environmental remediation services to City as set forth in the attached Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the City has been and is currently engaged in environmental review activities at the Los Angeles County Assessor Parcel Numbers referred to as 6169-002-904 (now 6169-002-912) and 6169-002-905 (now 6169-002-912) and 6169-001-900 commonly recognized as the Alameda Triangle Area and there is a need for dedicated specialized services to keep current tasks and future developments on schedule; and
WHEREAS, the City applied for and was awarded two (2) Department of Toxic Substance Control Equitable Community Revital ization Grants (DTSC - ECRG); #1 ECRG-2021-00568 for Assessor Parcel Numbers 6169-002-904 (now 6169-002-912) and 6169 -002-905 (now 6169 -002-912) in the amount of $242,067.00, and #2 ECRG-2021-00637 for Assessor Parcel Number 6169 -001- 900 in the amount of $184,150.00; and
WHEREAS, the City requires environmental remediation services, specifically in connection with the site review and development and completion of Remedial Action Plans (RAP) to be submitted to the Department of Toxic Substances (DTSC) and as may be required to the Regional Water Quality Control Board to define the remediation required for site for future development; and
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.
A. Scope of Services. The nature and scope of the specific services to be performed by Consultant is to perform services more particularly described in Exhibit A.
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2 B. Time of Performance. Consultant shall complete consultant services for the City according to the schedule of performance which is also set forth in Exhibit A.
2. Term of Agreement. The Agreement shall be for a term commencing on June 22, 2022 (the “Commencement Date”) and terminating on September 30, 2024 (the “Termination Date”), unless sooner terminated pursuant to the provisions of this Agreement. In the event the Parties do not enter into a new agreement or amendment to this Agreement prior to the Termination Date and there is monetary value left in the Contract, this Agreement shall continue on a month-to-month basis under the same terms for a period not to exceed three (3) months following the Termination Date with the sum invoiced during the three months following the Termination Date not to exceed the balance of the remaining not to exceed amount. 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. City agrees to compensate Consultant for services under this Agreement in the agreed amount in compliance with the schedule set forth in Exhibit A. Payments will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each service. City shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the date they are received; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. Additionally, City payment is subject to receipt of payment from the DTSC- ECRG for invoices submitted by the City to DTSC for the associated DTSC-ECRG grant funds. Except as hereinafter described, City shall not be responsible to Consultant for any additional charges, interest or penalties due to a failure to pay within such period.
A. Total payment to Consultant pursuant to this Agreement shall not exceed a total of Four Hundred Four Thousand Nine Hundred and Six Dollars ($404,906.00) and be billed on a time and material basis for amounts shown in Exhibit A.
Consultant not to exceed costs are calculated and based on a not to exceed amounts of Ninety-five percent (95%) of Two Hundred Forty -Two Thousand and Sixty-Seven Dollars ($242,067.00) for DTSC-ECRG grant #1 ECRG-2021-00568, and Ninety-five percent (95%) of One Hundred Eighty-Four Thousand One Hundred Fifty Dollars ($184,150.00) for DTSC -ECRG grant #2 ECRG-2021-00637.
Payments shall be payable as set forth in this Section 3. CONSULTANT IS
RESPONSIBLE FOR ENSURING CONSULTANT DOES NOT EXCEED THE CONTRACTED AMOUNTS FOR EACH GRANT. The City shall not be responsible for compensation to Consultant beyond the not to exceed amount stated herein without prior written authorization.
B. 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 City Council Regular Meeting - Page 55 of 272
3 authorization for Consultant to incur such expenses; and (iii) detailed invoices and receipts documenting such expenses as required by the DTSC-ECRG Grants.
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
Ramboll US Corporation
Attn: Leo Rebele
5 Park Plaza, Suite 500
Irvine, CA 92614
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
City Council Regular Meeting - Page 56 of 272
4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Ernie Hernandez, City Manager Date
CONSULTANT
RAMBOLL US CORPORATION
By: _______________________________ ________________________ Leo Rebele, Principal Date
ATTEST:
By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
City Council Regular Meeting - Page 57 of 272
1 EXHIBIT A
SCOPE OF WORK
City Council Regular Meeting - Page 58 of 272
1 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 A ct 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 City Council Regular Meeting - Page 59 of 272
2 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 Agree ment. 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 a ny 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.
City Council Regular Meeting - Page 60 of 272
3 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 I nsurance (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 S urplus 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.
City Council Regular Meeting - Page 61 of 272
4 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 o f 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, City Council Regular Meeting - Page 62 of 272
5 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, 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 obli gation, 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 informati on 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 accor dance 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 City Council Regular Meeting - Page 63 of 272
6 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.
B. Consultant will, in all solicitations or advertisements for employees placed by City Council Regular Meeting - Page 64 of 272
7 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 ass ign 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 sh all 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 City Council Regular Meeting - Page 65 of 272
8 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 Agreeme nt, 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 Part ies 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 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, City Council Regular Meeting - Page 66 of 272
9 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 civi l 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 emplo yees; (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.
City Council Regular Meeting - Page 67 of 272
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September 13, 2022
Ramboll
5 Park Plaza
Suite 500
Irvine, CA 92614
USA
T +1 949.261.5151
F +1 949.261.6202
www.ramboll.com
Mr. Gabriel Linares
Director of Community Development
City of Lynwood
11330 Bullis Road
Lynwood, CA 90067
PROPOSAL FOR PREPARATION OF A REMOVAL ACTION WORKPLAN
FOR PARCELS 6169-002-912, 6169-002-912 and 6169-001-900
ALAMEDA TRIANGLE
LYNWOOD, CALIFORNIA
Dear Mr. Linares,
Ramboll understands that the City of Lynwood wishes to retain Ramboll to prepare a Removal Action Workplan for in connection with environmental remediation of the County Assessor Parcel Numbers referred to as 6169-002-904 (now 6169-002-912) and 6169-002-905 (now 6169-002-912) and 6169-001-900 (collectively “the Site”).
The City has an agreement with a developer to develop these parcels into a mixed residential/commercial project. A prior Response Plan (cleanup plan) was developed for the broader Alameda Triangle Project Area. At this time a more focused Removal Action Workplan is required by the Department of Toxic Substances Control (DTSC) to prepare the site for development.
Ramboll has participated in two meetings with the City and DTSC staff to address the contamination at the Site in the context of the redevelopment. In particular, the timing of implementing the proposed scope of work was discussed in the context of the available funds from the Equitable Communities Revitalization Grant.
PROPOSED SCOPE OF WORK
Task 1: Preparation of Current Conditions Report
The data from the previous round of soil vapor investigations and relevant soil data from the historical soil sampling at the Site will be presented to DTSC. As requested by DTSC, a Current Conditions Report (CCR) will be prepared to summarize the data.
Task 2: Preparation of Supplemental Site Investigation Workplan Ramboll will prepare a Supplemental Site Investigation (SSI) Workplan to delineate the contaminants of potential concern (COPCs) identified at the Site. It is anticipated that additional delineation activities may include soil, soil vapor and City Council Regular Meeting - Page 68 of 272
2/3
groundwater sampling. The SSI report will be submitted to DTSC for review and approval prior to implementation.
Task 3: Supplemental Site Investigation
This task includes field implementation of the SSI workplan. It is anticipated that the field work will take 2- 3 weeks to complete. The findings will be provided in an SSI Report that will be submitted to DTSC for review and approval.
Task 4: Health Risk Assessment
Based on initial discussions with DTSC in advance to preparing the Removal Action Workplan (RAW), a site- specific human health risk assessment (HHRA) maybe required to further evaluate 1) additional data needs and 2) the need for vapor intrusion mitigation systems (VIMS) at the proposed buildings. The findings of the HHRA will be incorporated into the SSI Report under Task 2.
Task 5: EPA Correspondence regarding Polychlorinated Biphenyls (PCBs) in Soil Based on recent discussions with DTSC, the low concentrations of PCBs in soil will need to be discussed with DTSC and United States Environmental Protection Agency (USEPA) as to whether USEPA will require further delineation or a specific oversight application in light of the ongoing PCB cleanups being completed at the Tavanian and Caltrans properties. If required, this task also includes the preparation of the application package. No additional testing budget is included at this time.
Task 6: Preparation of Draft and Final Removal Action Workplan Following completion of the data evaluation, a RAW will be prepared to provide a general approach to managing any residual vapor impacts and/or known soil and groundwater impacts that would affect the proposed development. The RAW will be submitted to DTSC as a draft. Comments on the Draft RAW will be addressed prior to the RAW being issued for public comment. Following the public comment period, a Final RAW will be issued. The final RAW will be used to guide the remediation at the site as part of site development activities.
SCHEDULE
Ramboll understands that the City would like to expedite the regulatory program as much as pssible. As such, we will schedule work to begin as quickly as possible.
Sept 19, 2022 2nd Scoping Meeting with DTSC
Sept 31, 2022 CCR/SSI Workplan Submitted
Oct 31, 2022 CCR/SSI Workplan Approved
Nov 15, 2022 SSI Implementation
Jan 15, 2022 SSI Report Issued
Feb 28, 2022 SSI Report Approved
Draft RAW Submitted to DTSC for Review
Mar 31, 2022 DTSC Approval of Draft RAW for Public Comment May 15, 2022 End of Public Comment Period, Incorporation of edits and finalize RAW May 31, 2022 DTSC Approval of Final RAW
City Council Regular Meeting - Page 69 of 272
3/3
COST ESTIMATE
Ramboll proposes to undertake this assignment on a in accordance with the following rough cost breakdown under funding obtained from the ECRG program:
Task ECRG Grant #1 ECRG Grant # 2
Task 1: Preparation of Current Conditions Report 7,178 22,822 Task 2: Preparation of Supplemental Site Investigation
Workplan 7,178 22,822
Task 3: Supplemental Site Investigation 67,763 215,454 Task 4: Health Risk Assessment 7,178 22,822
Task 5: EPA Correspondence regarding Polychlorinated
Biphenyls (PCBs) in Soil 1,914 6,086
Task 6: Preparation of Draft and Final Removal Action
Workplan 10,767 34,233
City Administration (not part of Ramboll contract) 12,103 9,208 Total Expenditure 242,067 184,150
Total Estimated Cost Including City Project Management $426,217 Total Ramboll Contract Fee (Not to Exceed) $404,906
The work will be conducted in accordance with the terms and conditions between Ramboll and the City of Lynwood. If tasks beyond the Scope of Work provided in this proposal are identified, a separate cost estimate will be provided.
CLOSING
We appreciate the opportunity to provide this proposal to you for your consideration and we look forward to providing environmental services to you. If you have any questions or need further information, please contact either of the undersigned.
Very Truly Yours,
Leo Rebele
Principal
D 949.798.3604
[email protected]
LR:gw
City Council Regular Meeting - Page 70 of 272
City Council Regular Meeting - Page 71 of 272
Agenda Item # 11.
AGENDA STAFF REPORT
DATE:
October 4, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
APPROVAL OF FINAL TRACT MAP NO. 83509.
Recommendation:
Staff recommends that the City Council approve the final Tract Map No. 83509.
Background:
Per Lynwood Municipal Code Chapter 24-6, the City Engineer shall notify the City Council that a final tract map has been submitted for review by the City Engineer. If all requirements and conditions of approval pertaining to said tract map have been complied with and all other requirements of the Subdivision Map Act have been complied with, the City Engineer shall certify the tract map and arrange for the transmittal of the tract map to the Los Angeles County Registrar-Recorder County Clerk’s Office.
Discussion and Analysis:
The City Engineer has reviewed Tract Map No. 83509 for the subdivision of property located at 3358 Beechwood Avenue, Lynwood, California. This tract map was submitted for the construction of a seven unit multi-family residential project at this location. The City Engineer has reviewed all conditions and requirements of the tentative map and has confirmed that they been satisfied by the applicant. The City Engineer will approve the final map within 10 days following this City Council meeting and transmit it to the Los Angeles County Registrar-Recorder County Clerk’s Office for recordation.
Fiscal Impact:
N/A
City Council Regular Meeting - Page 72 of 272
Coordinated With:
City Manager’s Office
ATTACHMENTS:
Description
Resolution
TRACT MAP 83509
City Council Regular Meeting - Page 73 of 272
1 RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING TRACT MAP NO. 83509
WHEREAS, on November 9, 2021, the City of Lynwood Planning Commission met and approved Lynwood Planning Commission Resolution No. 3431; and
WHEREAS, the development at 3358 Beechwood Avenue, Lynwood, California 90262 requires the preparation and recordation of Tract Map No. 83509; and
WHEREAS, the Tract Map No. 83509 has been reviewed by the City Engineer for accuracy and compliance with the State Subdivision Map Act and the City’s Subdivision Ordinance and the final map is now ready for approval by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. 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. The City Engineer reviewed Tract Map No. 83509 for accuracy and compliance with the State Subdivision Map Act and the City’s Subdivision Ordinance and confirms that all conditions and requirements have been satisfied. The City Engineer confirms the final map is now ready for approval by the City Council
Section 3. The City Council hereby approves Tract Map No. 83509.
Section 4. The City Council authorizes the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution.
City Council Regular Meeting - Page 74 of 272
2 PASSED, APPROVED and ADOPTED this 4th day of October, 2022.
_______________________________
Jorge Casanova
Mayor
ATTEST:
__________________________ _________________________________ Maria 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
City Council Regular Meeting - Page 75 of 272
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 4th day of October, 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 and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of October, 2022.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 76 of 272
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City Council Regular Meeting - Page 78 of 272
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City Council Regular Meeting - Page 79 of 272
Agenda Item # 12.
AGENDA STAFF REPORT
DATE:
October 4, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
AWARD OF CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC. FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF ATLANTIC AVE AND CARLIN AVE. FY 2022-2023 PROJECT NO. 4011.68.075 FEDERAL ID: HSIP-5250 (029) Recommendation:
1 .
Staff recommends that the City Council reject the bid protest submitted by Servitek Electric, Inc.; and
2 .
Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO PTM GENERAL ENGINEERING SERVCIES, INC. AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $474,047.00 FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF ATLANTIC AVE AND CARLIN AVE. FY 2022-2023 PROJECT NO. 4011.68.075 FEDERAL ID: HSIP-5250 (029); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT IN FORM APPROVED BY THE CITY ATTORNEY; AND APPROVING AND APPROPRIATION OF $145,413 FROM MEASURE M (FUND 2350) TO THE PROJECT.”
Background:
The City of Lynwood applied for and was granted Federal funding in the amount of $324,800.00 from the Highway Safety Improvement Program (HSIP). This program aims to improve traffic flow and reduce injuries and fatalities on public roads. Based on collision data, the intersection of Atlantic Avenue and Carlin Avenue was deemed a high priority under this program
The work encompassed by the HSIP Cycle 9 - Traffic Signal Improvements at the Intersection of Atlantic Avenue and Carlin Avenue (“Project”) is more specifically defined in the Contract Documents, but in general consists of, but is not limited to, the following Work: the installation of a protected left turn phase including installation of conduits, pull boxes, signal heads, sensor units, signal controller, pedestrian countdown heads, intersection lighting, pedestrian push buttons, traffic signal poles, traffic striping, signing, markings, and traffic control; hauling and disposal;, construction of curb ramps.
Discussion and Analysis:
On July 19, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids). The Bid opening took place in the PlanetBids Platform on Tuesday, September 13, 2022, at 10:00 AM (PST).
The following six (6) bids were received:
Bidder
Bid Amount
1. PTM General Engineering Services, Inc.
$474,047.00
2. Servitek Electric, Inc.
$487,374.00
3. Crosstown Electrical & Data, Inc.
$537,843.00
4. Elecnor Belco Electric, Inc.
$544,350.00
5. California Professional Engineering, Inc.
$551,339.50
6. Comet Electric, Inc.
$584,190.00
An analysis of all bidders was conducted, including a review of their bid schedule, license, references, and federal documents. PTM General Engineering Services, Inc. (PTM) was the apparent lowest responsible bidder with a low base bid of $474,047.00. The bidder’s previous performance reveals that the contractor has the necessary experience and contractor’s license for this type of project.
It is estimated that this project will take approximately one hundred and thirty (130) working days to complete the work set forth in the specifications. Upon authorization, staff will circulate the contract documents, set up a pre-construction meeting, and schedule work to commence.
Bid Items and Construction Budget
:
The table below breaks down the construction bid by bid items.
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF ATLANTIC AVENUE AND CARLIN AVENUE FY 2022-2023 – BID SCHEDULE Bid Items
Amount
Mobilization/Demobilization (Not to exceed 3% of total of all other prime contract Bid Items) $9,500.00
Traffic Control
$12,000.00
Sawcut, Remove and Construct Concrete Curb Ramp
$27,600.00
Traffic Signal Improvements for the Intersection of Atlantic Avenue and Carlin Avenue $392,867.00
Provide Traffic Signing, Striping, Markings and Curb Painting $23,300.00
Furnish and Install Public Improvement Project Signs
$2,000.00
Furnish and Install New Post and Sign
$2,280.00
Provide Construction Survey
$2,000.00
Provide Controller Testing and Signal Timing Sheets
$1,500.00
Electrical Service Coordination with Southern California Edison $1,000.00
City Council Regular Meeting - Page 80 of 272
Electrical Service Coordination with Southern California Edison $1,000.00
Total Bid
$474,047.00
The table below is the proposed revised construction budget and additional appropriation need.
Construction contract amount
$474,047
15% Contingency
$71,107
Construction Inspection
$71,107
Project Management
$47,405
Labor Compliance & Other Cost
$4,741
Total Construction Cost
$668,407
FY23 Approved Budget
$522,994
Additional Appropriation Needed:
$145,413
Bid Protest
A bid protest was submitted by Servitek Electric, Inc. Servitek’s concerns regarding PTM’s bid were as follows:
Missing Seal on 1.3.4 Anti-Trust Claim Form
Different signatories on notary and on attest document
The City Attorney’s office conducted a review of the bid protest in which the City, in its discretion, may waive any errors it deems to be non-material in nature. It was concluded that the failure to affix a seal to Anti-Trust Claim document is not a material error as it does not affect the validity of the document and is waivable by the City. Furthermore, PTM has provided confirmation that both signatories to the sections mentioned in the bid protest have signature authority on behalf of PTM. Therefore, PTM General Engineering Services, Inc. is found to be the lowest responsive bidder and is recommended to be awarded the contract.
Fiscal Impact:
The Project has an approved FY23 Budget of $522,994. The total construction budget is $668,407. Additional appropriation is needed to deliver this Project.
APPROPRIATION FROM
Fund
Dept
Div
Object
Description
Amount
Transfer Out
2350
Measure M
($145,413)
Transfer In
4011
68 075
To Be
Determined
HSIP Cycle 9 (Atlantic
Ave. & Carlin Ave.)
$145,413
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
PTM General Engineering Services, Inc. Proposal
Servitek Electric, Inc. Bid Protest
PTM Signature Authority Notice
City Attorney Letter to Servitek Electric, Inc.
Resolution
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13181 Crossroads Parkway North
Suite 400-West Tower
City of Industry, CA 91746
Tel: 562.699.5500
Fax: 562.692.2244
www.agclawfirm.com
Northern California • Napa Valley/Yountville Southern California • City of Industry
VIA EMAIL AND CERTIFIED MAIL
September 26, 2022
Geoff Reyes, President
Servitek Electric
385 S. Lemon Avenue, #243
City of Walnut, CA 91789
[email protected]
Re: Servitek Electric Bid Protest – HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Atlantic Avenue and Carlin Avenue, Project No. 4011.68.075
Dear Mr. Reyes:
This office represents the City of Lynwood, CA (“City”), and we would first like to thank you for submitting a bid for the HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Atlantic Avenue and Carlin Avenue, Project No. 4011.68.075 (“Project”). The City is in receipt of Servitek Electric’s (“Servitek”) bid protest letter dated September 16, 2022 regarding PTM Engineering Services, Inc.’s (“PTM”) bid. We also note that the basis for Servitek’s bid protest is the same as the bid protest submitted for Project No. 4011.68.073, and this response will reiterate our opinion regarding those issues. In summary, Servitek concerns regarding PTM’s bid are as follows:
Missing Seal on 1.3.4 Anti-Trust Claim Form
Different signatories on notary and on attest document
Standard of Review
While any errors on bid submissions may provide a basis for the disqualification of a bidder as non-responsive, the City, in its discretion, may waive any errors it deems to be non-material in nature.
“An agency has discretion to waive immaterial deviations from bid specifications and may accept the bid under certain conditions. The point of discretion is that the agency may properly act in either direction. It may waive or refuse to waive such deviations.” MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 374.
City Council Regular Meeting - Page 155 of 272
Geoff Reyes, President
Servitek Electric
September 26, 2022
Northern California • Napa Valley/Yountville Southern California • City of Industry
Missing Seal
While Section 1.3.4 of PTM’s bid does require a seal if the “Bid is by a corporation,” it is the authorized signature of the entity that would make the document enforceable. California Corporations Code Section 207(a) specifically states that:
“…failure to affix a seal does not affect the validity of any instrument.”
Therefore, it is the opinion of this office that the failure to affix a seal to Anti-Trust Claim document is not a material error as it does not affect the validity of the document and is waivable by the City.
Different Signatories
While PTM’s bid does contain different signatories, the pertinent question is whether each of the signatories are authorized to bind the company. In response to your bid protest, PTM has provided confirmation that both signatories to the sections mentioned in your bid protest have signature authority on behalf of PTM.
It should also be noted that a copy of your bid protest was not transmitted concurrently with its submission to the City. However, in the interest of a fair and transparent bid process, this office is providing this letter in response to your protest. If you have any questions or concerns, please contact me at (562) 699-5500 or [email protected].
Very truly yours,
ALVAREZ-GLASMAN & COLVIN
Austin Ching
Austin A. Ching
Deputy City Attorney, City of Lynwood
AAC/cy
cc: Ernie Hernandez, City Manager
Noel Tapia, City Attorney
Mir T. Fattahi, Acting City Engineer
City Council Regular Meeting - Page 156 of 272
City Council Regular Meeting - Page 157 of 272
13181 Crossroads Parkway North
Suite 400-West Tower
City of Industry, CA 91746
Tel: 562.699.5500
Fax: 562.692.2244
www.agclawfirm.com
Northern California • Napa Valley/Yountville Southern California • City of Industry
VIA EMAIL AND CERTIFIED MAIL
September 26, 2022
Geoff Reyes, President
Servitek Electric
385 S. Lemon Avenue, #243
City of Walnut, CA 91789
[email protected]
Re: Servitek Electric Bid Protest – HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Atlantic Avenue and Carlin Avenue, Project No. 4011.68.075
Dear Mr. Reyes:
This office represents the City of Lynwood, CA (“City”), and we would first like to thank you for submitting a bid for the HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Atlantic Avenue and Carlin Avenue, Project No. 4011.68.075 (“Project”). The City is in receipt of Servitek Electric’s (“Servitek”) bid protest letter dated September 16, 2022 regarding PTM Engineering Services, Inc.’s (“PTM”) bid. We also note that the basis for Servitek’s bid protest is the same as the bid protest submitted for Project No. 4011.68.073, and this response will reiterate our opinion regarding those issues. In summary, Servitek concerns regarding PTM’s bid are as follows:
Missing Seal on 1.3.4 Anti-Trust Claim Form
Different signatories on notary and on attest document
Standard of Review
While any errors on bid submissions may provide a basis for the disqualification of a bidder as non-responsive, the City, in its discretion, may waive any errors it deems to be non-material in nature.
“An agency has discretion to waive immaterial deviations from bid specifications and may accept the bid under certain conditions. The point of discretion is that the agency may properly act in either direction. It may waive or refuse to waive such deviations.” MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 374.
City Council Regular Meeting - Page 158 of 272
Geoff Reyes, President
Servitek Electric
September 26, 2022
Northern California • Napa Valley/Yountville Southern California • City of Industry
Missing Seal
While Section 1.3.4 of PTM’s bid does require a seal if the “Bid is by a corporation,” it is the authorized signature of the entity that would make the document enforceable. California Corporations Code Section 207(a) specifically states that:
“…failure to affix a seal does not affect the validity of any instrument.”
Therefore, it is the opinion of this office that the failure to affix a seal to Anti-Trust Claim document is not a material error as it does not affect the validity of the document and is waivable by the City.
Different Signatories
While PTM’s bid does contain different signatories, the pertinent question is whether each of the signatories are authorized to bind the company. In response to your bid protest, PTM has provided confirmation that both signatories to the sections mentioned in your bid protest have signature authority on behalf of PTM.
It should also be noted that a copy of your bid protest was not transmitted concurrently with its submission to the City. However, in the interest of a fair and transparent bid process, this office is providing this letter in response to your protest. If you have any questions or concerns, please contact me at (562) 699-5500 or [email protected].
Very truly yours,
ALVAREZ-GLASMAN & COLVIN
Austin Ching
Austin A. Ching
Deputy City Attorney, City of Lynwood
AAC/cy
cc: Ernie Hernandez, City Manager
Noel Tapia, City Attorney
Mir T. Fattahi, Acting City Engineer
City Council Regular Meeting - Page 159 of 272
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWAR DING A CONTRACT TO PTM GENE RAL ENGINEERING SERV ICES, INC. AS THE LO WEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $474,047.00 FOR HSIP CYCLE 9 -
TRAFFIC SIGNAL IMPROVEMENTS AT THE INTER SECTION OF ATLANTIC AVE AND CARLIN AVE. FY 2022-2023 PROJECT NO. 4011.68.075 FEDERAL ID: HSIP-5250 (029);
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY; AND APPROVING AN APPROPRIATION OF $145,413 FROM MEASURE M (FUND 2350) TO THE PROJECT
WHEREAS, the HSIP Cycle 9 (Atlantic Avenue and Carlin Avenue) will improve the traffic signal at the intersection of Atlantic Ave nue and Carlin Av enue, CIP No. 4011.68.075 (Project); and
WHEREAS, the Project consists of the installation of a protected left turn phase including installation of conduits, pull boxes, signal heads, sensor units, signal controller, pedestrian countdown heads, intersection lighting, pedestrian push buttons, traffic signal poles, traffic striping, signing, markings, and traffic control; hauling and disposal; construction of curb ramps; and
WHEREAS, on July 19 , 2022, the Notice Inviting Bids for the Project was advertised on the City’s web site (PlanetBids); and
WHEREAS, the bid opening took place in the PlanetBids Platform on September 13, 2022, at 10:00 A.M. (Pacific Time); and
WHEREAS, staff received six (6) bid proposals; and
WHEREAS, the bid protest sent by Servitek Electric, Inc. was reviewed by the City Attorney and it was concluded the claims were non-material in nature; and
WHEREAS, PTM General Engineering Services, Inc. is the lowest responsible bidder; and
WHEREAS, to move forward with this Project, appropriation is needed.
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. The City Council of the City of Lynwood rejects the bid protest submitted by Servitek Electric, Inc.
City Council Regular Meeting - Page 160 of 272
2 Section 3. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and PTM General Engineering Services, Inc., in a form approved by the City Attorney, for the HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Atlantic Ave and Carlin Ave FY 2022-2023 Project No. 4011.68.075 Federal ID: HSIP-5250 (029) (“Project”) in the amount of $474,047.00. The City Council also authorizes the Mayor to execute this Resolution for and on behalf of the City of Lynwood.
Section 4. The City Council approves the following appropriation:
APPROPRIATION FROM
Fund Dept Div Object Description Amount
Transfer Out
2350 Measure M ($145,413)
Transfer In
4011 68 075 To Be
Determined
HSIP Cycle 9 (Atlantic Ave.
& Carlin Ave.)
$145,413
Section 5. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget.
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.
(Signatures on Next Page)
City Council Regular Meeting - Page 161 of 272
3 PASSED, APPROVED and ADOPTED this 4th day of October 2022.
Jorge Casanova
Mayor
ATTEST:
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Director of Public Works
City Council Regular Meeting - Page 162 of 272
4 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 4th day of October 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 and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of October 2022.
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 163 of 272
Agenda Item # 13.
AGENDA STAFF REPORT
DATE:
October 4, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
AWARD OF CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC. FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HIGHWAY AND ATLANTIC AVE. FY 2022-2023 PROJECT NO. 4011.68.073 FEDERAL ID: HSIP-5250 (031)
Recommendation:
1 .
Staff recommends that the City Council reject the bid protest submitted by Servitek Electric, Inc.; and
2 .
Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO ptm general engineering services, inc. AS THE LOWEST RESPONSIBLE BIDDER, IN THE Amount OF $429,029.00 FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF Imperial hwy and atlantic ave. FY 2022-2023 PROJECT NO. 4011.68.073 FEDERAL ID: HSIP-5250 (031); AUTHORIZING THE MAYOR TO EXECUTE THE agreement; and approving an appropriation of $168,735
from
MEASURE M (FUND 2350)to the project.”
Background:
The City of Lynwood applied for and was granted Federal funding in the amount of $225,900.00 from the Highway Safety Improvement Program (HSIP). This program aims to improve traffic flow and reduce injuries and fatalities on public roads. Based on collision data, the intersection of Imperial Highway and Atlantic Avenue was deemed a high priority under this program
The work encompassed by the HSIP Cycle 9 -Traffic Signal Improvements at the Intersection of Imperial Highway and Atlantic Avenue (“Project”) is more specifically defined in the Contract Documents, but in general consists of, but is not limited to, the following Work: the installation of a protected left turn phase including installation of conduits, pull boxes, signal heads, sensor units, signal controller, pedestrian countdown heads, intersection lighting, pedestrian push buttons, traffic signal poles, traffic striping, signing, markings, and traffic control; hauling and disposal;, construction of curb ramps.
Discussion and Analysis:
On July 19, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids). The Bid opening took place in the PlanetBids Platform on Tuesday, September 13, 2022, at 10:30 AM (PST).
The following seven (7) bids were received:
Bidder
Bid
1. PTM General Engineering Services, Inc.
$429,029.00
2. Crosstown Electrical & Data, Inc.
$438,969.00
3. Servitek Electric, Inc.
$466,034.00
4. California Professional Engineering, Inc.
$477,202.00
5. Elecnor Belco Electric, Inc.
$486,856.00
6. Comet Electric, Inc.
$530,509.00
7. DBX, Inc.
$562,325.00
An analysis of all bidders was conducted, including a review of their bid schedule, license, references, and federal documents. PTM General Engineering Services, Inc. (PTM) was the apparent lowest responsible bidder with a low base bid of $429,029.00. The bidder’s previous performance reveals that the contractor has the necessary experience and contractor’s license for this type of project.
It is estimated that this project will take approximately one hundred and thirty (130) working days to complete the work set forth in the specifications. Upon authorization, staff will circulate the contract documents, set up a pre-construction meeting, and schedule work to commence.
Bid Items and Construction Budget
:
The table below breaks down the construction bid by bid items.
HSIP CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF Imperial HIGHWAY AND atlantic avenue FY 2022-2023 – BID SCHEDULE Bid Items
Amount
Mobilization/Demobilization (Not to exceed 3% of total of all other prime contract Bid Items) $8,000.00
Traffic Control
$22,500.00
Sawcut, Remove and Construct Concrete Curb Ramp
$57,200.00
City Council Regular Meeting - Page 164 of 272
Sawcut, Remove and Construct Concrete Curb Ramp
$57,200.00
Traffic Signal Improvements for the Intersection of Imperial Highway and Atlantic Avenue $308,449.00
Provide Traffic Signing, Striping, Markings and Curb Painting $26,000.00
Furnish and Install Public Improvement Project Signs
$1,500.00
Furnish and Install New Post and Sign
$380.00
Provide Construction Survey
$2,500.00
Provide Controller Testing and Signal Timing Sheets
$1,000.00
Electrical Service Coordination with Southern California Edison $1,500.00
Total Bid
$429,029.00
The table below is the proposed revised construction budget and additional appropriation need.
Construction contract amount
$429,029
15% Contingency
$64,354
Construction Inspection
$64,354
Project Management
$42,903
Labor Compliance
$4,291
Total Construction Cost
$604,931
FY23 Approved Budget
$436,196
Additional Appropriation Needed:
$168,735
Bid Protest
A bid protest was submitted by Servitek Electric, Inc. Servitek’s concerns regarding PTM’s bid were as follows:
Missing Seal on 1.3.4 Anti-Trust Claim Form
Different signatories on notary and on attest document
The City Attorney’s office conducted a review of the bid protest in which the City, in its discretion, may waive any errors it deems to be non-material in nature. It was concluded that the failure to affix a seal to Anti-Trust Claim document is not a material error as it does not affect the validity of the document and is waivable by the City.
Furthermore, PTM has provided confirmation that both signatories to the sections mentioned in the bid protest have signature authority on behalf of PTM. Therefore, PTM General Engineering Services, Inc. is found to be the lowest responsive bidder and is recommended to be awarded the contract.
Fiscal Impact:
The Project has an approved FY23 Budget of $436,196.
The total construction budget is $604,931. The following additional appropriation is needed:
APPROPRIATION FROM
Fund
Dept
Div
Object
Description
Amount
Transfer Out
2350
Measure M
($168,735)
Transfer In
4011
68 073
To Be
Determined
HSIP Cycle 9 (Imperial
Ave. & Atlantic Ave.
$168,735
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
PTM General Engineering Services, Inc. Proposal
Servitek Electric, Inc. Bid Protest
PTM Signature Authority Notice
City Attorney Letter to Servitek Electric, Inc.
Resolution
City Council Regular Meeting - Page 165 of 272
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www.servitekelectric.com 385 S Lemon Ave #243 A Service Disabled Veteran Owned Small Business City of Walnut, CA 91789 Tel: (626) 227-1650
Fax: (626) 478-1300
1 Securing Power and Communications C-10 Electrical Contractor License #1035350
DVBE, DBE, SBE
September 15, 2022
City of Lynwood
11330 Bullis Road,
Lynwood, CA 90262
Attention: Mir T. Fattahi, Acting City Engineer, City of Lynwood
Bid Protest: HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HIGHWAY AND ATLANTIC AVENUE FY 2022-2023 – Project No. 4011.68.073
Dear Mr. Fattahi,
Servitek Electric, Inc. respectfully submits this bid protest to the City of Lynwood in regards to the project identified above. Servitek, believes it is necessary to file this formal protest to preserve its protest and allow for a proper review of all circumstances applicable to the City’s opening and evaluation of proposals.
Below are some of the concerns Servitek has at this time, without waving others that might become apparent after reviewing the evaluation scoring documents for the current lowest bidder (PTM Engineering Services, Inc.):
Missing Seal on 1.3.4 Anti-Trust Claim Form
Different signatories on notary and on attest document.
Together with this bid protest a copy of the bid package provided by PTM Engineering Services, Inc. that we requested to the City of Lynwood is attached for your reference.
Respectfully,
Geoff Reyes
President
(626) 227- 1650
[email protected]
City Council Regular Meeting - Page 239 of 272
City Council Regular Meeting - Page 240 of 272
13181 Crossroads Parkway North
Suite 400-West Tower
City of Industry, CA 91746
Tel: 562.699.5500
Fax: 562.692.2244
www.agclawfirm.com
Northern California • Napa Valley/Yountville Southern California • City of Industry
VIA EMAIL AND CERTIFIED MAIL
September 23, 2022
Geoff Reyes, President
Servitek Electric
385 S. Lemon Avenue, #243
City of Walnut, CA 91789
[email protected]
Re: Servitek Electric Bid Protest – HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Imperial Highway and Atlantic Avenue FY 2022 -2023, Project No. 4011.68.073
Dear Mr. Reyes:
This office represents the City of Lynwood, CA (“City”), and we would f irst like to thank you for submitting a bid for the HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Imperial Highway and Atlantic Avenue FY 2022 -2023, Project No. 4011.68.073 (“Project”).
The City is in receipt of Servitek Electric’s (“S ervitek”) bid protest letter dated September 15, 2022 regarding PTM Engineering Services, Inc.’s (“PTM”) bid. In summary, Servitek concerns regarding PTM’s bid are as follows:
• Missing Seal on 1.3.4 Anti-Trust Claim Form
• Different signatories on notary and on attest document
Standard of Review
While any errors on bid submissions may provide a basis for the disqualification of a bidder as non-responsive, the City, in its discretion, may waive any errors it deems to be non -material in nature.
“An agency has discretion to waive immaterial deviations from bid specifications and may accept the bid under certain conditions. The point of discretion is that the agency may properly act in either direction. It may waive or refuse to waive such deviations.” MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 374.
City Council Regular Meeting - Page 241 of 272
Geoff Reyes, President
Servitek Electric
September 23, 2022
Northern California • Napa Valley/Yountville Southern California • City of Industry
Missing Seal
While Section 1.3.4 of PTM’s bid does require a sea l if the “Bid is by a corporation ,” it is the authorized signature of the entity that would make the document enforceable. California Corporations Code Section 207(a) specifically states that:
“…failure to affix a seal does not affect the validity of any instrument.”
Therefore, it is the opinion of this office that the failure to affix a seal to Anti -Trust Claim document is not a material error as it does not affect the validity of the document and is waivable by the City.
Different Signatories
While PTM’s bid does contain different signatories, the pertinent question is whether each of the signatories are authorized to bind the company. In response to your bid protest, PTM has provided confirmation that both signatories to the secti ons mentioned in your bid protest have signature authority on behalf of PTM.
It should also be noted that a copy of your bid protest was not transmitted concurrently with its submission to the City. However, in the interest of a fair and transparent bid process, this office is providing this letter in response to your protest. If you have any questions or concerns, please contact me at (562) 699-5500 or [email protected].
Very truly yours,
ALVAREZ-GLASMAN & COLVIN
Austin A. Ching
Austin A. Ching
Deputy City Attorney, City of Lynwood
AAC/cy
cc: Ernie Hernandez, City Manager
Noel Tapia, City Attorney
Mir T. Fattahi, Acting City Engineer
City Council Regular Meeting - Page 242 of 272
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWAR DING A CONTRACT TO PTM GENE RAL ENGINEERING SERV ICES, INC. AS THE LO WEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $42 9,029.00 FOR HSIP CY CLE 9 -
TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HWY AND ATLANTIC AVE. FY 202 2-2023 PROJECT NO. 4 011.68.073 FEDERAL I D: HSIP -5250 (031); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND APPROVING AN APPROPRIATION OF $168,735 FROM MEASURE M (FUND 2350) TO THE PROJECT
WHEREAS, the HSIP cycle 9 (Imperial Highway and Atlantic Ave) will improve the intersection at Imperial Highway and Atlantic Avenue; and
WHEREAS, the Project consists of the installation of a protected left turn phase including installation of conduits, pull boxes, signal heads, sensor units, signal controller, pedestrian countdown heads, intersection lighting, pedestrian push buttons, traffic signal poles, traffic striping, signing, markings, and traffic control; hauling and disposal; construction of curb ramps.; and
WHEREAS, on July 19 , 2022, the Notice Inviting Bids for the Project was advertised on the City’s web site (PlanetBids); and
WHEREAS, the bid opening took place in the PlanetBids Platform on September 13, 2022, at 10:30 A.M. (Pacific Time); and
WHEREAS, staff received seven (7) bid proposals; and
WHEREAS, the bid protest sent by Servitek Electric, Inc. was reviewed by the City Attorney and it was concluded the claims were non-material in nature; and
WHEREAS, PTM General Engineering Services, Inc. is the lowest responsible bidder; and
WHEREAS, to move forward with this Project, appropriation is needed.
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. The City Council of the City of Lynwood rejects the bid protest submitted by Servitek Electric, Inc.
Section 3.` The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and PTM General Engineering City Council Regular Meeting - Page 243 of 272
2 Services, Inc., in a form approved by the City Attorney, for the HSIP Cycle 9 – Traffic Signal Improvements at the Intersection of Imperial Hwy and Atlantic Ave FY 2022-2023 Project No. 4011.68.07 3 Federal ID: HSIP -5250 (0 31) (“Project”) in the amount of $429,029.00. The City Council also authorizes the Mayor to execut e this Resolution for and on behalf of the City of Lynwood.
Section 4.` The City Council approves the following appropriation:
APPROPRIATION FROM
Fund Dept Div Object Description Amount
Transfer Out
2350 Measure M ($168,735)
Transfer In
4011 68 073 To Be
Determined
HSIP Cycle 9 (Imperial
Ave.. & Atlantic Ave.
$168,735
Section 5. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget.
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.
(Signatures on Next Page)
City Council Regular Meeting - Page 244 of 272
3 PASSED, APPROVED and ADOPTED this 4th day of October 2022.
Jorge Casanova
Mayor
ATTEST:
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Director of Public Works
City Council Regular Meeting - Page 245 of 272
4 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 4th day of October 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 and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of October 2022.
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 246 of 272
Agenda Item # 14.
AGENDA STAFF REPORT
DATE:
October 4, 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:
CONDUCT SECOND READING, READ BY TITLE ONLY, AND ADOPT THE ORDINANCES AMENDING THE CITY’S PURCHASING AND PROFESSIONAL
SERVICES PROCUREMENT PROCEDURES
Recommendation:
Staff recommends that the City Council conduct second reading, read by title only, and adopt 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
Background:
On September 20, 2022, the City Council introduced the attached ordinances for first reading.
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.
On September 20, 2022, the City Council introduced the proposed ordinances amending Sections 6-3 and 6-6 of the Lynwood Municipal Code for a first reading. Now staff is requesting that the City Council conduct a second reading approving the ordinances amending Sections 6-3 and 6-6 of the Lynwood Municipal Code.
Fiscal Impact:
City Council Regular Meeting - Page 247 of 272
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
City Attorney
City Manager's Office
ATTACHMENTS:
Description
Ordinance_Amending Chapter 6 Subsection 6-3 of the LMC
Ordinance_Amending Chapter 6 Subsection 6-6 of the LMC
City Council Regular Meeting - Page 248 of 272
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 249 of 272
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 250 of 272
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 253 of 272
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 257 of 272
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this 4th day of October, 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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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 263 of 272
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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 264 of 272
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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)
City Council Regular Meeting - Page 265 of 272
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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)
City Council Regular Meeting - Page 266 of 272
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this 4th day of October, 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
City Council Regular Meeting - Page 267 of 272
Agenda Item # 15.
AGENDA STAFF REPORT
DATE:
October 4, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Peter Han, Director of Technology Services
SUBJECT:
REVEAL OF CITY'S REDESIGNED WEBSITE ON NEW DOMAIN USING WWW.LYNWOODCA.GOV
Recommendation:
Staff recommends that the City Council receive and file.
Background:
On March 11, 2021, the American Rescue Plan Act of 2021 was passed. Funds can be used for specific purposes to respond to the public health emergency. The city's website was a primary point of communications with the public in response to the public health emergency. The importance of the way we communicate with residents and conduct business on-line was made more evident by the COVID-19 pandemic.
On January 4, 2022, Council appropriated funds in the amount of $50,000 from dedicated ARPA (American Rescue Plan Act) funds to redesign the City's website that was in need of a refresh to take advantage of new technologies and on-line features that will enhance the way residents, businesses, and visitors do business with the City. Council also chose a new domain name (www.lynwoodca.gov).
On February 15, 2022, Council awarded a contract to CivicPlus from among 11 vendors who submitted proposals to redesign the City’s website.
Discussion and Analysis:
Staff worked collaboratively with CivicPlus who has over 20 years of experience with a focus on working with local governments on color scheme, graphics, and organization of the website. Staff received training on administration and management of the site.
Staff applied for a new domain with the .GOV registrar and secured the domain www.lynwoodca.gov
, which is now
live. Staff will create a pointer from our current website to the new website by the end of this month so anyone visiting
www.lynwood.ca.us
will be redirected to the new website automatically. A marketing campaign will be City Council Regular Meeting - Page 268 of 272
launched on social media, Lynwood 'n Perspective, and other avenues.
All the same services and information can easily be found on the new user-friendly website and the mobile- optimized design allows easy navigation from any device. The website can be translated into any language and is compliant with standards recommended by the Americans with Disability Act (ADA) to ensure equitable access to municipal content for all residents.
Fiscal Impact:
Council appropriated funds in the amount of $50,000 from dedicated ARPA funds on January 4, 2022. The awarded bid amount for this project was $39,958. Half of this amount or $19,979 was paid in April, 2022. The remaining balance of $19,979 will be paid upon completion of this project in October, 2022. The annual recurring maintenance cost is $10,430.
Coordinated With:
Finance
City Attorney’s Office
ATTACHMENTS:
Description
No Attachments Available
City Council Regular Meeting - Page 269 of 272
Agenda Item # 16.
AGENDA STAFF REPORT
DATE:
October 4, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Elizabeth Popescu, Senior Analyst
SUBJECT:
CONSIDERATION OF THE KEEP LYNWOOD CLEAN PROGRAM
Recommendation:
Staff recommends that the City Council consider the multiple facets of the “Keep Lynwood Clean” Program.
Background:
Illegal dumping of bulky items, trash, construction debris, and other materials is a problem plaguing Lynwood and many other communities throughout Southern California. Occurrences of illegal dumping have steadily increased over the last several years. Public Works and Community Development staff have worked with Waste Resources (WR), who the City of Lynwood contracts for refuse services, on an ongoing basis to address and reduce illegal dumping. Public Works and Waste Resources remove any illegally dumped items found or reported in the right of way. Community Development’s Code Enforcement division has continuously enforced private property dumping on a complaint driven program. Unfortunately, this practice appears to have actually encouraged illegal dumping. In an effort to keep the City clean items have consistently been picked up outside of the regular pickup schedule.
Discussion and Analysis:
City staff met with representatives from Waste Resources to discuss illegal dumping data and preventative measures to mitigate the ongoing problem.
City staff has developed a strategy for your consideration to reduce illegal dumping through the following actions via the “Keep Lynwood Clean” program:
Organizational
The City’s Community Development Department, Code Enforcement division is a crucial component for addressing illegal dumping in Lynwood, as it is responsible for enforcing the City’s Municipal Code. The Code Enforcement division may take action on a private property owner/tenant in violation of the Municipal Code using administrative citations and/or City prosecution. The “Keep Lynwood Clean” program will require an increase in staff resources, specifically the Code Enforcement division. In order to have a successful program we are recommending an augmentation to the Code Enforcement staffing in the form of an additional part-time Public City Council Regular Meeting - Page 270 of 272
Safety Officer. The additional staff will help mitigate illegal dumping within the City by providing a dedicated officer assigned to proactively enforce the illegal dumping violations. This Keep Lynwood Clean program will shift enforcement from being 100% complaint driven to being more proactive. In addition, Waste Resources staff will begin targeting hot spots within the City on a weekly basis.
Operational
The City will install portable security cameras to monitor “hot spot” areas where illegal dumping occurs regularly in an effort to identify persons responsible (and their vehicles) for illegal dumping. Staff will use information gathered to follow up and issue citations and/or prosecution. In addition, staff is recommending enhancements to the municipal code by increasing fines to those who dump illegally.
The increases would be as follows:
$500- First Violation
$1000- Second Violation
$1500- Third and subsequent violation
Much of the illegal dumping happens within the alleys of the City. Staff recommends developing and implementing a pilot program to install gates at specific residential alleyways. More than 40 residential alleys throughout Lynwood have become opportunistic locations for illegal dumping. Cleaning these locations by City staff and WR are both time consuming and expensive. To resolve this ongoing problem, staff is recommending the installation of gates at alleyway entry points. The gates could help prevent illegal dumping by outside actors. The pilot program would consist of 1-2 “hot spot” locations and access would only be provided to residents, City staff, WR staff, LA County Fire (LAFD) and the Los Angeles County Sheriff's Department (LASD). Both the Sheriff's and Fire department were consulted and provided their input. This pilot program would be a one-time capital cost to the City intended to eliminate on-going and long-term clean-up expenditures. The success of the program could inform the City of potential additional gate locations.
The City’s “Keep Lynwood Clean” program is a multi-facet approach that includes (1) enhanced code enforcement staffing with a proactive code enforcement approach, (2) targeted cleanup of hot spots by Waste Resources staff (3) implementing new citation fees to discourage illegal dumping. (4) provide new portable security camera tools for identification of violators (5) create a pilot program to close off certain alleyways via gates to prevent dumping and finally staff is recommending a sixth (6) element that includes the community.
Therefore, staff is proposing a “Teen Clean” program in coordination with HUB Cities that would allow the City to hire approximately 15 Lynwood residents/students (ages 14-24) per session. We are confident that this multifaceted approach if approved by Council can make a difference in the city and will help keep Lynwood clean.
Communications
The City will continue ongoing and concerted efforts to communicate with its residents and businesses about options available for disposing of bulky items and the penalties associated with illegal dumping.
The City will implement a new robust communications campaign that continually disseminates messages on community beautification, proper ways for bulky item disposal, penalties for illegal dumping, reporting illegal dumping locations, collection events, and the benefits of a clean community (e.g., community pride, higher property values, aesthetic appeal for retaining and attracting businesses, etc.).
This will include the following means of communicating:
·
Social media posts
·
City website
·
Mass communications text messaging via LynAlert
·
City’s community newsletter, Lynwood ‘n Perspective
·
Door hangers
City Council Regular Meeting - Page 271 of 272
·
Flyers available at public facilities and for field staff to hand out to residents seeking information
·
Water bill inserts
·
Freeway electronic message boards
·
Mobile traffic message boards
·
Pole signs in alleys
·
Decals
·
QR code with information on bulky item pick-up, penalties, collection events, etc.
City staff is requesting the City Council to provide direction on how to proceed with the various elements of the Keep Lynwood Clean program described above. City staff will prepare subsequent agenda items for the City Council to implement City Council directions.
Fiscal Impact:
The City Council has already approved a budget amendment to the Lynwood Economic and Community Enhancement Plan for the
Teen Clean Program.
However, based on Council direction the estimated cost for the other components of the Keep Lynwood Clean program are as follows:
$30,000 for Part-Time Public Safety Officer
$60,000 for Portable Cameras
$6,300 for each alley, with total approximate cost of $252,000
Coordinated With:
Public Works
Community Development
ATTACHMENTS:
Description
No Attachments Available
City Council Regular Meeting - Page 272 of 272