Agenda — Lynwood City Council, April 16, 2024 (part 2 of 2)

Significant investment and time to tailor the financial management system to the City’s needs was made over the years. Transitioning to another platform will require preparation, time, and further investment. The City is preparing for this by Fiscal Year 2027.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:

Section 1. The City Council of the City of Lynwood hereby finds and determines that all of the foregoing recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council herby authorizes the Mayor or designee to execute the Sixth Amendment in a form approved by the City Attorney with Tyler Technologies – Eden Division to extend annual maintenance agreement for City’s financial management system through Fiscal Year 2024-26 with an option to renew for Fiscal Year 2026-27 not to exceed $75,000 for each fiscal year.

Section 3. The term of the Agreement shall expire on June 30, 2026 with an option to renew and extend the date to June 30, 2027.

Section 4. This Resolution shall go into effect immediately upon its adoption.

Section 5. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this _____day of _______, 2024. _________________________
José Luis Solache
Mayor
313
3 ATTEST:
________________________ _________________________ Maria Quinonez, City Clerk Ernie Hernandez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT:
______________________ _________________________
Noel Tapia Peter Han, Director of
City Attorney Technology Services
314
4 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the _________day of____________, 2024 and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
City Clerk, City of Lynwood
315

AGENDA STAFF REPORT

DATE:

April 16, 2024
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 ADDITIONAL APPROPRIATION FOR THE IMPERIAL

HIGHWAY CORRIDOR CAPACITY ENHANCEMENT PROJECT FROM
STATE STREET TO WRIGHT ROAD FY 2023-2024, PROJECT NO.
4011.68.106 FROM MEASURE R MULTIMODAL HIGHWAY
SUBREGIONAL PROGRAM FUND IN THE AMOUNT OF $2,000,000.

Agenda Item # 9.7.

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ADDITIONAL FUNDING IN THE AMOUNT OF $2,000,000 FROM MEASURE R

MULTIMODAL HIGHWAY SUBREGIONAL PROGRAM FUNDS FOR THE IMPERIAL HIGHWAY CAPACITY ENHANCEMENT PROJECT FY 2023-2024 PROJECT NO. 4011.68.106 AND REMOVING ARPA AND PROP C FUNDS IN THE AMOUNT OF $1,545,463.”
Background:

On March 15, 2023, Los Angeles County Metropolitan Transportation Authority (LACMTA) and the City of Lynwood entered into an agreement for capacity improvements along Imperial Highway. LACMTA provided funding through the use of Measure R funding for the design and construction of the Imperial Highway Corridor Capacity Enhancements Project. The construction funding received was in the amount of $2,626,537.

The work includes eleven (11) synchronized intersections along Imperial Highway. The following six (6) intersections also include additional geometric improvements:

City Council City Council Regular Meeting 316

Imperial Highway & State Street
Imperial Highway & Long Beach Boulevard
Imperial Highway & California Avenue
Imperial Highway & Bullis Road
Imperial Highway & Atlantic Avenue
Imperial Highway & Wright Road
The geometric improvements include construction of AC pavement, removal of existing pavement and raised medians, curbs, traffic signals, traffic loops, signing and striping, and landscape improvements and other related work.

Discussion and Analysis:

On August 15, 2023, the City Council awarded a contract to the lowest bidder “All American Asphalt” in the amount of $3,210,461. The project cost was projected to be $4,123,000 for the construction contract as well as construction management/inspection, labor compliance, project management and other costs. In addition to LACMTA funds, the project adopted FY 24 budget included $54,966 from Prop C funds. Due to a higher construction bid than the initial engineer’s estimate, and to move forward with the project, City Council approved an additional appropriation in the amount of $1,490,497 from the American Rescue Plan Act (ARPA) fund to cover the remaining construction cost, if no other special revenue funding source can be identified. Since then, Staff requested from LACMTA additional funding to cover the higher cost of the project.

On January 17, 2024, the LACMTA Planning and Programming Committee approved an additional $2,000,000 to cover the remaining costs of the project. Staff is now requesting that the City Council approve the removal of ARPA and Prop C funds from the project and add the additional appropriation from Measure R Multimodal Highway Subregional Program fund (2354).

The following tables below are the estimated construction cost, current project budget, and proposed project budget:

City Council City Council Regular Meeting 317
Current Project Funding
Amount
Measure R Metro
$2,626,537.00
Prop C
$54,966.00
“To Be Determined” (previously approved using ARPA
funding if no other funding source can be identified)
$1,490,497.00
Total Funding Available
$4,172,000.00

Estimated Construction Cost
Construction Bid
$3,210,461.00
10% Contingency
$321,046.10
Construction Management
$79,470.00
Construction Inspection
$189,300.00
Project Management (5%)
$160,878.10
Labor Compliance & Other (5%)
$161,844.80
Total Projected Cost
$4,123,000.00

Proposed Project Funding
Amount
Measure R Metro
$2,626,537.00
Measure R Multimodal Highway Subregional Program
$2,000,000.00
Total Funding Available
$4,626,537.00
Fiscal Impact:

The City Council has an approved FY24 Budget of $4,172,000 for the Imperial Highway Corridor Capacity Enhancement Project 4011.68.106. Staff recommends the following appropriation and reduction:

SETTING UP REVENUE AND EXPENDITURE BUDGETS FOR THE NEW GRANT

FUNDING OF MEASURE R MULTIMODAL
FUND
DEPT
DIV
OBJECT

DESCRIPTION
AMOUNT
Revenue Estimate
2354

Measure R
Multimodal Highway
Subregional
Program
$2,000,000
Expenditure Appropriation
City Council City Council Regular Meeting 318
2354

Measure R
Multimodal Highway
Subregional
Program
$2,000,000

TRANSFER OUT FROM FUND 2354 TO THE CAPITAL PROJECT FUND FUND
DEPT
DIV
OBJECT

DESCRIPTION
AMOUNT
Budgetary Transfer Out
2354

Measure R
Multimodal Highway
Subregional
Program
$2,000,000
Budgetary Transfer In
4011
68 106
62015
Imperial Highway
Corridor Capacity
Enhancement
Project
$2,000,000

BUDGET RECLASSIFICATION
FUND
DEPT
DIV
OBJECT

DESCRIPTION
AMOUNT
Budgetary Transfer Out
4011
68 106
62015
Imperial Highway
Corridor Capacity
Enhancement
Project
$54,966
Budgetary Transfer In
2351

PROP C
$54,966

Coordinated With:

City Council City Council Regular Meeting 319
2024.01.25 MR Board Report.pdf
04-16-24_Imperial_Additional_funding_ResoPWD.docx
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:

Description
City Council City Council Regular Meeting 320
Metro
Board Report
Los Angeles County
Metropolitan Transportation
Authority
One Gateway Plaza
3rd Floor Board Room
Los Angeles, CA
File #: 2023-0484, File Type: Program Agenda Number: 10.

PLANNING AND PROGRAMMING COMMITTEE
JANUARY 17, 2024
SUBJECT: MEASURE R MULTIMODAL HIGHWAY SUBREGIONAL PROGRAMS UPDATE ACTION: APPROVE RECOMMENDATIONS

RECOMMENDATION
CONSIDER:

A. APPROVING $23,898,269 in additional programming within the capacity of Measure R Multimodal Highway Subregional Programs and funding changes via the updated project list shown in Attachment A, projects within this Measure R Multimodal Highway Subregional Program are inclusive of traffic signal, pedestrian, bicycle, transit, and roadway improvements.

B. APPROVING the deobligation of $1,200,000 in previously approved Measure R Multimodal Highway Subregional Program funds for re-allocation to other existing Board-approved Measure R projects as shown in Attachment A; and
C. DELEGATING the Chief Executive Officer (CEO) or their designee the authority to administratively extend funding agreement lapse dates for the Measure R I-5 North Mitigation Projects Funding Agreements to meet environmental, design, right-of-way, and construction time frames; and
D. AUTHORIZING the CEO or their designee to negotiate and execute all necessary agreements for Board-approved projects.

ISSUE
The Measure R Multimodal Subregional Programs update allows Metro staff and each lead agency to revise project priorities and amend budgets for implementation of the Measure R Multimodal subregional projects. In June 2021, the Board approved Modernizing the Metro Highway Program (Item No. 17), expanding funding eligibility for active transportation and complete streets projects within Measure R and Measure M guidelines. In addition, Complete Streets Policy implementation action 6.1 implemented the use of a complete streets project initiation checklist to ensure local jurisdictions have considered multimodal elements in their projects. Metro staff work with local jurisdictions on the inclusion of multimodal elements.

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File #: 2023-0484,File Type: Program Agenda Number: 10.

The attached updated project list includes projects that have received prior Board approval and proposed changes related to schedules, scope, and funding allocations for existing projects (Attachment A). The Board’s approval is required as the updated project list serves as the basis for Metro to enter into agreements with the respective implementing agencies.

This update also seeks the CEO’s or designee’s administrative authority to amend Measure R I-5 North Mitigation projects funding agreements to extend lapse dates.

BACKGROUND
Per the Measure R Expenditure Plan; I-5/SR-14 Capacity Enhancements, (Lines 26), Arroyo Verdugo Subregion (Line 31), Las Virgenes/Malibu Subregion (Line 32), South Bay Subregion (Line 33), I-710 South and/or Early Action Projects (Line 37) and SR-138 Capacity Enhancements (Line 38) allocate funds for multimodal highway operational improvement subfund programs. Metro staff lead the implementation and development of muti-jurisdictional and regionally significant highway and arterial projects. Staff also lead projects on behalf of local jurisdictions at their request or assist in developing projects with these subfunds.

Additionally, the Compete Streets and Highways staff manage grants in the Arroyo Verdugo, Las Virgenes Malibu, Gateway, North Los Angeles County, and South Bay subregions to fund transportation improvements developed and prioritized locally.

Local jurisdictions prioritize and develop projects that are within the eligibility for both Measure R and Measure M program criteria. Metro staff work with cities, subregions, and grant recipients to review projects for eligibility and compliance with the Board-adopted policies outlined in Metro’s Complete Streets Policy, Active Transportation Strategic Plan, and First/Last Mile Strategic Plan. Projects are also further evaluated to ensure that projects aim to reduce congestion, resolve operational deficiencies, improve safety, and incorporate multimodal investments.

DISCUSSION
The Measure R Expenditure Plan provides subregional funding for the implementation of multimodal highway capital projects. The Measure R Expenditure Plan does not individually identify multimodal highway capital projects; rather, local jurisdictions within the subregions identify projects that require Metro staff to validate and approve for funding. Metro staff confirm project eligibility, reconfirm project funding eligibility to projects that request scope changes, and establish a project nexus to the project eligibility criteria. Through this evaluation period, staff will work with local jurisdictions to refine and be inclusive of multimodal elements into a project before being included in Attachment A for Board approval. Projects within this Measure R Multimodal Highway Subregional Program are inclusive of traffic signal, pedestrian, bicycle, transit, and roadway improvements.

The changes in this update include $23,898,269 in additional programming for projects in the Arroyo Verdugo, Las Virgenes Malibu, Gateway, and North Los Angeles County subregions as detailed in Attachment A, in addition to the deobligation of $1,200,000. A nexus determination with the eligibility requirements for Measure R has been completed for each new project.

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File #: 2023-0484,File Type: Program Agenda Number: 10.

This report also seeks the CEO’s or designee’s administrative authority to amend Measure R I-5 North Mitigation projects funding agreements to extend lapse dates to meet environmental, design, right-of-way (ROW), and construction timeframes. Line 28 of the Measure R Expenditure Plan funded the I-5 North HOV Enhancements from SR-134 to SR-170. On October 23, 2014, the Board authorized the CEO to enter into funding agreements with the cities of Los Angeles, Glendale, and Burbank and with the Bob Hope Airport (Item No. 53) to implement mitigation projects. To date, most of the projects are complete, and a few of the projects require time extension amendments to extend funding agreement lapse dates to complete the projects.

Arroyo Verdugo Operational Improvements
A total of $125,979,800 has been programmed for projects in the subregion. This update includes funding adjustments for four existing projects,
Burbank
Program an additional $800,000 for MR310.46 - Glenoaks Boulevard Arterial and First Street Signal Improvements. The project is currently in the construction phase. The construction cost estimate for the project was updated and requires the additional programming of $800,000 to match the cost estimate of $6,000,000 to incorporate traffic signal upgrades and signal improvements at 14 existing traffic signals. Existing obsolete equipment will be replaced, including traffic signal poles, safety lighting, indications, signal wiring, vehicle detectors, and pedestrian push buttons.

Glendale
Program an additional $4,000,000 for MR310.43 - Verdugo Road Traffic Signal Modifications. The project is currently in the design phase. The construction cost estimate will be revised to $5,650,000 to incorporate pedestrian and bicycle multimodal improvements.

Program an additional $4,000,000 for MR310.65 - North Verdugo Road Improvements (Signal, Ped, Transit). The project is currently in the design phase. The revised construction cost project budget is $9,000,000. Additional funds are being programmed to implement pedestrian, bicycle, and transit multimodal improvements.

Los Angeles County
Program an additional $164,857 for MR310.44 - Soundwalls on I-210 in La Crescenta-Montrose. The project completed the environmental phase and will be initiating the design phase. The revised project budget is $3,208,857. Funds are being programmed to match the current ROW and design cost estimates for the project. Additionally, funds are being reprogrammed as follows: $2,567,086 in FY24-25 and $641,771 in FY25-26. Funds are being reprogrammed to match project schedule timeframes.

Las Virgenes Malibu Operational Improvements
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File #: 2023-0484,File Type: Program Agenda Number: 10.

A total of $173,667,900 has been programmed for projects in the subregion. This update includes funding adjustments for two existing projects.

Malibu
Program an additional $1,200,000 for MR311.11 - PCH Signal Improvements from John Tyler Drive to Topanga Canyon Boulevard. The project is currently in the construction phase. The construction cost estimate for the project was updated and requires the additional programming of $1,200,000 to match the cost estimate of $15,800,000. The project will upgrade and interconnect the highway intersections and traffic signals to facilitate signal timing and manage traffic flow.

Deobligate $1,200,000 from MR311.26 - Pacific Coast Highway Raised Median and Channelization from John Tyler to Puerco Canyon Road (previously known as the PCH - Raised Median and Channelization from Webb Way to Puerco Canyon Road project). The revised project budget is $5,750,000. The project is initiating the construction phase. Funds are being deobligated due to revised project limits and to fund a higher-priority transportation improvement (MR311.11).

Gateway Cities I-605 Corridor “Hot Spots” Interchange Improvements.

A total of $421,958,900 has been programmed for projects in the subregion. This update includes funding adjustments for one project and a scope change for one project.

Los Angeles County
Scope change for MR315.07 - Mulberry Drive and Painter Avenue Intersection Improvements. The project is currently in the design phase. The project will remove turn lane storage pockets from its scope of work to remain within budget due to cost increases and ROW issues.

Norwalk
Reprogram $3,031,975 for MR315.43 - Imperial Highway Intelligent Transportation System (ITS) Project, from San Gabriel River to Shoemaker Road. The project is currently in the final design phase. The funds are being reprogrammed as follows: $3,020,00 in FY24-25 and $11,975 in FY25-

26. The project budget remains unchanged at $3,380,400. The project consists of ITS improvements to traffic flow. Funds are being reprogrammed to match current design and construction timeframes. .

Gateway Cities I-710 South Early Action Projects
A total of $321,311,600 has been programmed for projects in the subregion. This update includes funding adjustments for four projects.

Metro
Program an additional $5,857,895 for PS4340-1939 - I-710 Corridor Project Task Force/Mobility Investment Plan Development (renamed Long Beach-East Los Angeles Corridor Mobility Investment Plan). The revised project budget is $12,139,895. Funds are being programmed to complete the Metro Printed on 1/29/2024Page 4 of 8
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File #: 2023-0484,File Type: Program Agenda Number: 10.

Investment Plan per a Board motion made in May 2021 by Directors Solis, Sandoval, Butts, and Garcetti.

Program an additional $102,367 for Long Beach-East Los Angeles Investment Plan Outreach Efforts.

The revised project budget is $952,367. Funds are being programmed to cover a higher level of effort for the supplemental outreach contract per a Board motion made in May 2021 by Directors Solis, Sandoval, Butts, and Garcetti.

Program an additional $2,000,000 for MR306.59 - Imperial Highway Corridor Capacity Enhancements. The project is in the construction phase and will consist of roadway widening at the intersections that will provide for left and right turn lanes, equipment upgrades, and signal synchronization. The revised project budget is $5,965,000. Funds are being programmed to complete construction.

Maywood
Program an additional $6,973,150 for MR306.56 - Slauson-Atlantic Congestion Relief. The project is currently in the design phase. The project will implement roadway widening at the intersections to provide left-turn lanes, equipment upgrades, and signal synchronization. The revised project budget is $7,418,150. Funds are being programmed to complete ROW and construction.

Bell Gardens
Program $3,716,000 for MR306.65 - Clara Street Corridor Improvement Project to improve traffic safety conditions. This is a new project that will improve various intersections with signal synchronization and dedicated left and right turn lanes. The program amount of $3,716,000 will be utilized for PID, PAED, PS&E, ROW, and construction phases.

North County: 1-5/SR-14 Capacity Enhancements
A total of $85,094,900 has been programmed for projects in the subregion. This update includes funding adjustments for one project.

Santa Clarita
Reprogram $353,824 for MR501.02 - Sierra Highway Traffic Signal Improvements. The project is currently in the final design phase. The project will integrate the traffic signals into the city’s ITS to provide coordinated signal timing. The funds are being reprogrammed as follows: $60,000 in FY23- 24, $250,000 in FY24-25, and $43,824 in FY25-26. The project budget remains unchanged at $565,000. Funds are being reprogrammed to match construction timeframes.

DETERMINATION OF SAFETY IMPACT
The multimodal subregional programs support the development of a safer transportation system that will provide high-quality multimodal mobility options to enable people to spend less time traveling.

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File #: 2023-0484,File Type: Program Agenda Number: 10.

FINANCIAL IMPACT
The highway projects are funded from the Measure R 20% Highway Capital subfund earmarked for the subregions. FY24 funds are allocated for Arroyo Verdugo Project No.460310 and Las Virgenes- Malibu Project No. 460311 under Cost Center 0442 in Account 54001 (Subsidies to Others).

For the South Bay subregion, FY24 funds are allocated in Cost Centers 0442, 4720, 4740, Accounts 54001 (Subsidies to Others), and 50316 (Professional Services) in Projects 460312, 461312, 462312, and 463312.

For the Gateway Cities subregion, FY24 funding for the I-605 Corridor “Hot Spots” Projects is allocated to Project No. 460314, Cost Centers 4720, 0442, Account 54001 (Subsidies to Others), and account 50316 (Professional Services) in Projects 461314, 462314, 463314, 460345, 460348, 460350, and 460351. I-710 Early Action Project funds have been budgeted in Project No. 460316 in Cost Center 0442,
The remaining funds are distributed from the Measure R 20% Highway Capital subfund via funding agreements to Caltrans and the cities of Palmdale and Lancaster in the FY24 budget under Cost Center 0442 in Project No. 460330, Account 54001 (Subsidies to Others). For the North County Operational Improvements Projects (I-5/SR-14 Capacity Enhancement Line #26), the budget is included in Project No. 465501, Cost Center 0442, Account 54001 (Subsidies to Others).

Moreover, programmed funds are based on estimated revenues.

Since the Measure R Multimodal Highway Subregional Programs are multiyear programs that contain various projects, Countywide Planning and Development will be responsible for budgeting the costs in current and future years.

Impact to Budget
This action will not impact the approved FY24 budget. Staff will rebalance the approved FY24 budget as necessary to fund the identified priorities and revisit the budgetary needs using the quarterly and mid-year adjustment processes subject to the availability of funds.

The source of funds for these projects is Measure R 20% Highway Funds. This fund source is not eligible for transit capital or operations expenses.

EQUITY PLATFORM
This semi-annual update funds subsequent phases of Board-approved Highway Subsidy grants aligned with the Measure R Board-approved guidelines and the Objectives for Multimodal Highway Investments. Complete Streets and Highways staff have also provided technical assistance to Equity Focus Communities (EFCs) in various subregions. The Highway Subsidy Grants do not have a direct equity impact; rather they offer equity opportunities via the development of transportation project improvements through city contracts that can reduce transportation disparities.

Each city and/or agency, independently and in coordination with its subregion, undertakes its jurisdictionally-determined community engagement process specific to the type of transportation Metro Printed on 1/29/2024Page 6 of 8
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File #: 2023-0484,File Type: Program Agenda Number: 10. improvement it seeks to develop. These locally-determined and prioritized projects represent the needs of cities. This update includes additional funding for the EFC communities of Bell, Bell Gardens, Carson, Commerce, Compton, Cudahy, Downey, Huntington Park, Long Beach, Lynwood, Maywood, Norwalk, Paramount, South Gate, and Vernon; as well as unincorporated areas of Los Angeles County, including the communities of East Los Angeles, Boyle Heights, Wilmington, and San Pedro.

IMPLEMENTATION OF STRATEGIC PLAN GOALS
The recommendation supports the strategic plan goal:
“Goal 1: Provide high-quality mobility options that enable people to spend less time traveling.” Goal 1.1. Approval of the multimodal highway subregional programs will expand the transportation system as responsibly and quickly as possible as approved in Measure R and M to strengthen and expand LA County’s transportation system. “Goal 4: Transform LA County through regional collaboration” Goal 4.1. Metro will work closely with municipalities, council of governments, Caltrans to implement holistic strategies for advancing mobility goals”

ALTERNATIVES CONSIDERED
The Board may choose not to approve the revised project list and funding allocations. However, this option is not recommended as it will delay the development of locally prioritized improvements.

In addition, projects initiating or currently in the construction phase will face significant cost implications by delaying the required funding agreements, amendments, or time extensions.

NEXT STEPS
Consistent with Metro’s Complete Streets Policy, staff will continue working with subregions and local jurisdictions for their consideration of multimodal investments within the Measure R Multimodal Highway Subregional Program. Updates will be provided to the Board on a semiannual and as-needed basis.

ATTACHMENTS
Attachment A - Projects Receiving Measure R Funds
Prepared by:

Roberto Machuca, Senior Director, Complete Streets and Highways, (213) 418- 3467
Michelle Smith, Executive Officer, Complete Streets and Highways, (213) 547- 4368
Avital Barnea, Senior Executive Officer, Multimodal Integrated Planning, (213) Metro Printed on 1/29/2024Page 7 of 8
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File #: 2023-0484,File Type: Program Agenda Number: 10. 547-4317
Reviewed by: Ray Sosa, Chief Planning Officer, (213) 547-4274 Metro Printed on 1/29/2024Page 8 of 8
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ATTACHMENT A
January 2024
AgencyProject ID
No. PROJECT/LOCATION Funding PhasesNotePrior AllocAlloc ChangeCurrent AllocPrior Yr
ProgramFY2023-24FY2024-25FY2025-26FY2027-26
Total Measure R Programmed to Date 1,755,46123,8981,779,3591,485,946223,81853,094 7,254 0

Arroyo Verdugo Operational Improvements (Expenditure Line 31) 118,231.58,964.8127,196.394,044.421,676.74,233.47,241.7 0.0 BurbankMR310.46Glenoaks Blvd Arterial and First St Signal ImprovementsPS&E, Construction CHG5,200.0800.0 6,000.0 5,200.0 800.0 TOTAL PROGRAMMING BURBANK 35,273.8800.036,073.831,773.84,050.0250.0 0.0 0.0 GlendaleMR310.43Verdugo Rd. Street Improvements Project (Traffic Signal Modification)PS&E, Construction CHG1,650.04,000.05,650.0 1,650.04,000.0 GlendaleMR310.65North Verdugo Road Improvements (Signal, Ped, Transit)PS&E, Construction CHG5,000.04,000.09,000.0 500.0 1,300.0600.0 6,600.0 TOTAL PROGRAMMING GLENDALE 69,113.78,000.177,113.851,470.617,626.71,416.46,600.0 0.0 LA CountyMR310.44Soudwalls on I-210 in LA Crescenta-MontrosePS&E, ROW CHG3,044.0164.7 3,208.7 0.0 2,567.0641.7 TOTAL PROGRAMMING LA COUNTY 3,044.0164.7 3,208.7 0.0 0.0 2,567.0641.7 0.0 118,231.58,964.8127,196.394,044.421,676.74,233.47,241.7 0.0

Las Virgenes/Malibu Operational Improvements (Expenditure Line 32) 173,668.0(0.0) 173,667.9165,623.05,157.02,888.0 0.0 0.0 MalibuMR311.11PCH Signal System Improvements from John Tyler Drive to Topanga Canyon Blvd PA&ED, PS&E, Construction CHG14,600.01,200.015,800.014,600.01,200.0 MalibuMR311.26PCH Raised Median and Channelization from John Tyler to Puerco Canyon Road. PA&ED, PS&E, Construction DEOB6,950.0 (1,200.0)5,750.0 5,750.0 TOTAL PROGRAMMING MALIBU 39,325.00.0 39,325.037,800.01,525.0 0.0 0.0 0.0 173,668.0(0.0)173,667.9165,623.05,157.02,888.0 0.0 0.0

South Bay I-405, I-110, I-105, & SR-91 Ramp / Interchange Imps (Expenditure Line 33)446,413.2(0.0) 446,413.2364,304.069,729.312,380.0 0.0 0.0 TOTAL SOUTH BAY PROGRAMMING 446,413.2(0.0)446,413.2364,304.069,729.312,380.00.0 0.0

Gateway Cities: I-605/SR-91/I-405 Corridors “Hot Spots” (Expenditure Line 35)421,958.90.0 421,958.9345,900.969,226.06,820.012.0 0.0 LA CountyMR315.07Painter - Mulberry Intersection ImprovementsPA&ED, PS&E, ROW, Construction CHG4,410.0 0.0 4,410.0 4,410.0
TOTAL PROGRAMMING LA COUNTY 14,554.90.0 14,554.914,130.0424.9 0.0 0.0 0.0 NorwalkMR315.43Imperial Highway ITS Project, from San Gabriel River to Shoemaker Rd. (PAED, PS&E, CON) PA&ED, PS&E, Construction REP 3,380.4 0.0 3,380.4 348.4 3,020.012.0 TOTAL PROGRAMMING NORWALK 9,959.4 0.0 9,959.4 6,927.4 0.0 3,020.012.0 0.0 421,958.90.0 421,958.9345,900.969,226.06,820.012.0 0.0

TOTAL ARROYO VERDUGO PROGRAMMING

TOTAL LAS VIRGENES/MALIBU PROGRAMMING
TOTAL I-605"HOT SPOTS" PROGRAMMING
329

Gateway Cities: Interstate 710 South Early Action Projects (Expenditure Line 37)310,094.214,933.4325,027.6287,523.20.0 0.0 0.0 0.0 TOTAL PROGRAMMING GCCOG 2,000.0 0.0 2,000.0 2,000.0 0.0 0.0 0.0 0.0 MetroPS4340-1939I-710 Corridor Project Task Force/ Mobility Investment Plan DevelopmentPID, PA&ED CHG6,282.05,857.912,139.96,282.05,857.9 Metro TBDLBC to East LA Mobility Corridor Investment Plan/Outrech CBO EffortsPID CHG 850.0 102.4 952.4 425.0 527.4 Metro MR306.59Imperial Hwy Capacity Enhancements Project Construction CHG3,965.02,000.05,965.0 3,965.01,000.0 1,000.0 TOTAL PROGRAMMING METRO 164,969.17,960.3172,929.4153,884.214,045.35,000.0 0.0 0.0 Bell GardensMR306.65Clara Street Corridor Intersection Improvements ProjectPID, PA&ED, PS&E, ROW, Construction CHG3,716.0 0.0 3,716.0 3,716.0
TOTAL BELL GARDENS 9,971.4 (0.0) 9,971.4 9,971.4 0.0 0.0 0.0 0.0 MaywoodMR306.56Slauson Ave and Atlantic Congestion Relief Improvements PA&ED. PS&E CHG 445.0 6,973.27,418.2 445.0 594.0 6,379.2 TOTAL PROGRAMMING MAYWOOD 510.0 6,973.27,483.2 510.0 0.0 0.0 0.0 0.0 TOTAL I-710 SOUTH PROGRAMMING 310,094.214,933.4325,027.6287,523.223,301.35,000.0 0.0 0.0

North County: SR-138 Safety Enhancements (Expenditure Line 38) 200,000.0 200,000.0154,293.434,168.111,538.50.0 0.0 TOTAL SR-138 PROGRAMMING 200,000.0 200,000.0154,293.434,168.111,538.50.0 0.0 North County: I-5/SR-14 Safety Enhancements (Expenditure Line 26) 85,094.9 85,094.974,257.4560.010,234.20.0 0.0 Santa ClaritaMR501.02Sierra Highway Traffi Signal Improvements PS&E REP 565.0 0.0 565.0 211.2 60.0 250.0 43.8 TOTAL PROGRAMMING SANTA CLARITA 24,565.00.0 24,565.024,211.260.0 250.0 43.8 0.0 TOTAL I-5/SR-14 PROGRAMMING 85,094.9 85,094.974,257.4560.010,234.243.8 0.0 Total Measure R Programmed to Date 1,755,46123,8981,779,3591,485,946223,81853,0947,254 0 330
JANUARY 2024
Measure R Multimodal Highway
Subregional Programs Update
331
Staff Recommendation
2 CONSIDER:

B. APPROVING the deobligation of $1,200,000 of previously approved Measure R Multimodal Highway Subregional Program funds for re‐allocation to other existing Board‐approved Measure R projects as shown in Attachment A; and
332
Staff Recommendation(Cont’d)
3 CONSIDER:

C. DELEGATING the Chief Executive Officer or their designee the authority to administratively extend funding agreement lapse dates for Measure R I‐5 North Mitigation Projects Funding Agreements to meet environmental, design, right‐of‐way, and construction time frames; and D. AUTHORIZING the CEO or their designee to negotiate and execut e all necessary agreements for Board‐approved projects.
333
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ADDITIONAL FUNDING IN THE AMOUNT OF $2,000,000 FROM MEASURE R MULTIMODAL

HIGHWAY SUBREGIONAL PROGRAM FUNDS FOR THE IMPERIAL HIGHWAY CAPACITY ENHANCEMENT PROJECT FY 2023-2024 PROJECT NO. 4011.68.106 AND REMOVING ARPA AND PROP C FUNDS IN THE AMOUNT OF $1,545,463
WHEREAS, the City of Lynwood and Los Angeles County Metropolitan Transportation Authority (LACMTA) entered into an agreement for improvements along Imperial Highway for capacity enhancements; and
WHEREAS, on August 15, 2023, the City Council awarded a contract to the lowest bidder “All American Asphalt” for the construction of the project; and WHEREAS, the work consists of the synchronization of eleven (11) intersections and six (6) intersections also include additional geometric improvements, including AC pavement construction/removal, raised medians traffic striping, markings, signing, and traffic control; hauling and disposal; and construction of curb ramps, landscape improvements and other related work; and
WHEREAS, the construction cost bid was higher than the project budget and an additional appropriation of $1,490,497 from ARPA fund was needed to award the project if no other special revenue funding source can be identified; and WHEREAS, staff worked with LACMTA to receive an additional appropriation to cover the extra costs covered through ARPA funds; and
WHEREAS, on January 17, 2024, the LACMTA Planning and Programming Committee approved an additional $2,000,000 to cover the remaining costs of the project; and
WHEREAS, staff is requesting that the City Council approve the appropriation of $2,000,000 from the Measure R Multimodal Highway Subregional Program Fund; and WHEREAS, staff is requesting that the City Council approve the removal of ARPA and Prop C funds in the amount of $1,545,463; and
WHEREAS, the proposed project budget is as follows:

Proposed Project Funding Amount
Measure R Metro $2,626,537
Measure R Multimodal Highway Subregional Program $2,000,000 Total Proposed Project Budget $4,626,537
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1 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 substantive part of this Resolution.

Section 2. The City Council of the City of Lynwood authorizes the City Manager to approve the transfer of funds for the following reduction and appropriation:

SETTING UP REVENUE AND EXPENDITURE BUDGETS FOR THE NEW GRANT

FUNDING OF MEASURE R MULTIMODAL

FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Revenue Estimate
2354 Measure R
Multimodal Highway
Subregional
Program
$2,000,000
Expenditure Appropriation
2354 Measure R
Multimodal Highway
Subregional
Program
$2,000,000
TRANSFER OUT FROM FUND 2354 TO THE CAPITAL PROJECT FUND

FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
2354 Measure R
Multimodal Highway
Subregional
Program
$2,000,000
Budgetary Transfer In
4011 68 106 62015 Imperial Highway
Corridor Capacity
Enhancement
Project
$2,000,000

BUDGET RECLASSIFICATION

FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
4011 68 106 62015 Imperial Highway
Corridor Capacity
Enhancement
Project
$54,966
Budgetary Transfer In
2351 PROP C $54,966
Section 3. The project budget increased from $4,172,000 to $4,626,537. 335
1 Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. The City Clerk shall certify as to the adoption of this Resolution and hereafter the same shall be in full force and effect City Council Resolution. (Signatures on Next Page)
336
4 PASSED, APPROVED and ADOPTED this 16th day of April 2024.

José Luis Solache
Mayor
ATTEST:

Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Ernie Hernandez
City Attorney City Manager
Julian Lee
Director of Public Works
337
5 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 16th day of April 2024, 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 16th day of April 2024.

Maria Quinonez, City Clerk
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AGENDA STAFF REPORT

DATE:

April 16, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

APPROVE

CIVILTEC ENGINEERING TO

PROVIDE PROFESSIONAL

ENGINEERING SERVICES FOR THE DESIGN OF PIPING AND SITE
IMPROVEMENTS FOR WELL 8, CIP PROJECT NO.
4011.68.067
.

Agenda Item # 9.8.

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

CIVILTEC ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PIPING AND SITE IMPROVEMENTS FOR WELL 8, CIP PROJECT 4011.68.067, FOR A TOTAL NOT TO EXCEED AMOUNT OF $126,460.00” Background:

Well 8 was drilled in 1948 and is one of five wells that supplies groundwater to the City providing around 20% of the City’s water supply. Well 8 is currently in service, however, the onsite sand separator and piping have experienced several leaks over the past 2 years and need to be replaced. In addition, the Well Operations Report prepared by Waterworks Technology, Inc. dated October 30, 2023 recommended site upgrades including: adding a new pump to waste line, moving the existing water meter outside the building and other site improvements.

Discussion and Analysis:

On December 19, 2023, the City awarded Civiltec Engineering a contract for On-Call City Council City Council Regular Meeting 339
Lynwood - Well 8 RFP 021524.pdf
Civiltec's Proposal for Well 8 Improvements.pdf
Resolution - Well_8_Design_Award.docx
Professional Services, acknowledging their specialized expertise in design and construction of similar groundwater well projects throughout Southern California. Civiltec’s expertise is valuable as the City utilizes local groundwater as its major water supply source.

Staff requested a proposal from Civiltec (Task Order #2) for engineering services for the design for the replacement of the sand separator equipment and piping, the relocation of Well 8 water meter with an automatic control valve, the installation of a pump to waste piping system with a new sewer lateral, the upgrades to the existing Well 8 building, the relocation of existing 6-inch irrigation meter for Lynwood Park and the upgrading of existing on-site Disinfection Process System.

Civiltec will coordinate their work effort with City staff, Supervisory Control and Data Acquisition (SCADA) consultant XIO Water Systems, and the State Water Resources Control Board (SWRCB) with respect to water quality and onsite piping upgrades.

Task
Description
Cost
1 Professional Design Services for the Rehabilitation and Improvements for the City of Lynwood’s Well 8
$ 126,460
Total

$ 126,460
Fiscal Impact:

The City’s adopted Fiscal Year (FY) 2023-24 budget for this project are $61,658.00 from LUA 2020-A Revenue Bonds and $125,000 from LUA 2017-A Revenue Bonds.

No additional
appropriation is needed.

Coordinated With:

City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:

Description
City Council City Council Regular Meeting 340
1 City of Lynwood, Public Works Department
Task Order No. 2

REQUEST FOR PROPOSAL (RFP)

PROFESSIONAL ENGINEERING SERVICES
FOR
Well 8 Piping and Site Improvements
The City of Lynwood (“City”) is requesting a proposal as part of the FY 23/24 On - Call Utility Engineering Services for site improvements to Lynwood’s Well 8.

Task No. 2 RFP Issue Date: February 21, 2024
Proposal Due: March 18, 2024
Submittal of Proposal: Consultant shall submit a pdf copy of the proposal via email to George Cambero, Utility Manager, at [email protected] by 12:00 pm on March 18, 2024.

It is the Consultant’s responsibility to ensure that the most complete and current version of RFP, including any addendum. Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.

A. BACKGROUND
The City is a general law city incorporated in 1921. The City serves a population of approximately 65,505 in Los Angeles County and covers approximately 4.84 square miles. The City is in the southeast portion of Los Angeles County.

The Department of Public Works for the City of Lynwood (“City”) has retained a pool of consultants on an as -needed or “on -call” basis for FY 23/24 for various Capital Improvement Projects (CIP). The City will issue a task order number as part of this RFP that shall be referenced and included on the Amended On -Call Professional Services Agreement.

Lynwood’s Well 8 is located at 11331 Bullis Road, situated across from City of Lynwood City Hall and Annex and shares a footprint with the Reservoir and Booster Station at Lynwood City Park. The site includes a well pump house, sand separator, chlorine building, and an emergency electrical generator building.

B. SCOPE OF WORK
The following Scope of Work , as well as the entire RFP , will become part of the Agreement. The Scope of Work includes, but is not limited to, the following tasks below, and any other tasks necessary to complete the design package for the project.

Scope of Work:

1. Review existing as-built drawings, and reports, to understand the operations and maintenance of Lynwood’s Well 8.
341
2 2. Meet with Lynwood’s Water Operations staff to review operation parameters, sand separator, on-site piping, and site appurtenances.

3. Topographic Survey
a. Perform a topographic survey of the Well 8 site located at 11331Bullis Road based on Los Angeles County Benchmark and Basis of Bearings. b. Perform utility research of existing underground and overhead utilities onsite and on Bullis Road.

4. Base Map
a. Create a base map depicting the topography survey, on -site facilitates and utilities that will be utilized for the design.

5. Site Improvements
a. Removal of the sand separator equipment and piping and replacement with a Lakos Sand Separator System. (see reports for recommendation).
b. Upgrade onsite piping with Sand Separator and reconnection to existing water main.
c. Relocation of existing Well 8 water meter outside of the pump building with an automatic control valve and appurtenances.
d. Installation of a “Pump to Waste” piping system with a new sewer lateral, which will connect to the existing sewer on Bullis Road. e. Upgrades to the existing Well 8 building include painting exterior and installation of a new air conditioning unit.
f. Relocation of existing 6-inch irrigation meter for Lynwood Park within the Well 8 site for ease of maintenance.
g. Upgrading the existing on-site Disinfection Process System per report recommendations.

6. Permitting
a. Meet and obtain approval from State Water Resources Control Board, Division of Drinking Water (DDW) on the upgraded site layout. b. Meet with City of Lynwood to determine types of permits need from the City such as Building Permit, Excavation Permit, or other permits.

7. Specifications
a. Prepare project specification based on CSI master specifications and City Standard (Division 00) front end specifications.
b. Provide a list of proposed equipment with manufacturers for the City to review and approve prior advertising for bids.

8. Construction Cost Estimate
a. Provide an E ngineer’s construction cost estimate based on current construction costs and prevailing wage.

9. Advertisement for Bidding Services
a. Coordinate and reply to questions during the bidding process. b. Attendance at Pre-Bid meeting with meeting notes
c. Review bid proposals.
d. Provide detail bid proposal cost breakdown.

10. Construction Administration Services
a. Lynwood and Consultant shall meet prior to bidding to discuss scope of work for Construction Administration Services.
342
3 Other Services that may be required:

1. Manage and closely monitor CIP project budget to ensure that projects are delivered in a timely manner and within the approved budget.

2. Construction Management & Inspection services, if requested, will be per a separate contract and include, but are not limited to the following:
a. Planning, preparing, and communicating schedules and progress of project activities and expenditures, assisting others in establishing project schedules and milestones, setting, and evaluating progress on project tasks.
b. During construction, make on-site visits; review material submittals, shop drawings and test results; respond to RFIs; draft change orders; assist city staff with contract negotiations; and review pay estimates.

3. Assist City staff with prepare staff reports for City Council.

C. PROPOSAL FORMAT AND CONTENT
The following information is to be submitted as part of the proposal. The proposal is to be organized as follows:

1. Cover Letter : A signature by a principal or officer having the authority to negotiate and contractually bind and extend the terms of the written proposal is required. Indicate the address, telephone, and email address of the Consultant’s office located nearest to Lynwood, California, and the office from which the project will be managed.

2. Firm Organization, Credentials and Background : Provide a brief profile of your firm, principals of the firm, and any key sub -consultants, including type of legal entity (i.e. corporation), date firm established, location of office that
will perform the work and basic services provided by the firm.

3. Approach to the Project: Describe your understanding of the Project Scope of work and provide a brief description of the project design approach and methodology. Refer to the Scope of Work of this RFP. The methodology shall include:
a. Implementation plan that describes the methods, including controls by which your firm or entity manages projects of the type sought by this RFQ and any other project management or implementation strategies or techniques that your firm intends to employ in carrying out the work. b. Approach to manage the project timeline within project deadline. c. Approach to control project budget with respect to f irm’s ability to control costs and provide accurate and timely invoices through internal control measures.
d. Special ideas, techniques, or suggestions that you think might make the project proceed smoothly.
e. Describe the firm’s quality control and quality assurance process.

4. Project Experience: Provide similar project references from at least five (5) public agencies.
a. Summary of services provided, year completed, size, and budget. b. Client contact name, title, and phone number
c. Name of firm’s project manager.

343
4 5. Qualifications of Proposed Personnel: Provide the firm’s personnel and team members showing expertise and experience to carry out the scope of work. a. Identify the proposed key team members (and their respective firms as applicable) and provide a short biography of individual experience with similar projects.
b. Identify project sub consultants by company name, address, contact person, telephone number and project function.

6. Readiness To Provide Services: Discuss the Consultant’s readiness to provide service from Notice to Proceed.

7. Additional Statements: Consultant shall add the following written statements in their Proposal:
a. Consultant shall adhere to all federal laws, state, and local laws and regulations.
b. Consultant shall allow authorized federal, state, county, and the City’s official’s access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to the Project. All relevant records shall be retained for at least three years. c. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. d. Consultant shall comply with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively.

8. Fee Proposal : Provide the firm’s standard hourly rates for all types of personnel required to perform the Scope of Work described in this RFP.

D. GENERAL INFORMATION

1. The City reserves the right to:
a. Reject all submittals for any reason deemed appropriate by the City. b. Request clarification of any submitted information,
c. Not enter into any agreement,
d. Not select any consultant,
e. Cancel this process at any time,
f. Amend this process and RFQ at any time,
g. Issue similar RFQs in the future,
h. Request additional information during the selection process.

2. The City reserves the right to divide the Project into multiple parts, to reject all proposals and re -solicit for new proposals, waive irregularities, or minor errors in a proposal, or reject all proposals and temporarily or permanently abandon the Project.

3. The City further reserves the right to negotiate different prices, rates, and terms than those offered by any respondent. City makes no representations, written or oral; that it will enter into any form of agreement with any respondent to the RFP for any project and no such representations are intended or should be constructed by the issuance of this RFP. 344
5 4. Acceptance of Evaluation Methodology: By submitting its proposal in response to this RFP , respondent accepts the City’s quality -based evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. The City may evaluate the proposals based on the anticipated completion of all or any portion of the Projects.

5. No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the respondent’s participation in this RF P process shall be the sole risk and responsibility of the respondent.

6. Waiver of Claims: Each respondent, in submitting a proposal, is deemed to have waived any claims for damages by reason of the selection of another proposal and/or the rejection of its proposal.

7. Exceptions to RF P: Respondents are required to clearly delineate in their proposal any exceptions to the requirements in this RFP.

8. Conflicts of Interest/Gifts: Respondents shall disclose any financial, business, or other relationship with the City or any member of the City staff and shall list all current clients who may have a financial interest in the outcome of the project. Additionally, by submitting a proposal, Respondent warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the Respondent, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, wither in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

9. The Respondent further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair completion or constitutes a conflict of interest with respect to a contract with the City. Prior to the award of any contract, the potential Consultant may be required to certify in writing to the City that no relationship exists between the Respondent and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City.

10. Ethics in Public Contracting : Each Respondent, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the Respondent certifies that its proposal was made without fraud; that it has not
offered or received any kickbacks or inducements from any other Respondents in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money services, or anything of more than nominal value.

345
6 11. No More than One Proposal : More than one proposal from an individual, firm, partnerships, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a Respondent has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the Respondent is believed to have interest.

12. Legal Responsibilities : All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, each Respondent certifies that it will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection another laws and regulations applicable to contracts utilizing Federal funds.

13. Business and Professional Licenses and Permits : Possession of a City Business License is not required to submit a proposal in response this RF P. However, the successful Respondent will be required to possess, at their expense, a valid and current City Business License, prior to commencing work. For additional information, contact the City Business Division at (310)603-0220.

14. Professional License : The successful Respondent is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California. The Respondent shall further be required to obtain and
maintain at their own expense, all permits, licenses, and certifications, used by any federal, state, or local governmental agency, pertaining to, and necessary for providing the services required in this RFP.

15. No Assignment : No assignment by the successful Respondent of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

16. Public Nature of the Documents Received : As a public agency, the City is subject to the Public Records Act. Proposals are considered public documents subject to public review and disclosure.

17. Ownership of Data: Upon completion of all work under the terms of a subsequent contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of the contract will automatically be vested to City and no further agreement will be necessary to transfer ownership to City. Copies of any City customer information, and any information developed as part of the project shall not be furnished to others without written authorization from the City.

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7 E. PROPOSAL SUBMITTAL
Proposal Deadline: Proposals are due no later than 12:00 pm (PST) on March 18, 2024. Consultant shall submit a pdf copy of the proposal via email to George Cambero, Utility Manager, at [email protected]. Proposals received after the deadline will not be considered.

F. WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn after its submission by written request signed by the proposer or authorized representative prior to the time and date specified for proposal submission. Proposals may be withdrawn and resubmitted in the same manner if done so before the proposal submission deadline. Withdrawal or modification offered in any other manner will not be considered.

G. FEDERAL REGULATIONS

1. Federal Funding Requirements and Regulations are to be considered and included in proposal and agreement.

2. When preparing specifications and plans, Consultant is to consider federal requirements, specifically prevailing wages.

3. Buy America Build America materials are to be considered in Engineer Estimates and Prevailing Wages.

347
348

Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering ● Construction Management ● Surveying California ● Arizona

Civiltec Corporate Address| 605 E. Huntington Drive, Suite 206, Monrovia, CA 91016 | P: 626.357.0588 City of Lynwood March 18, 2024
Public Works Department
11330 Bullis Road
Lynwood, CA 90262
Attn: George Cambero, Utility Manager Email: [email protected] Subject: Proposal for Professional Engineering Services for Task Order No. 2
Well 8 Piping and Site Improvements
Dear Mr. Cambero,
The improvements at Well 8 for the City of Lynwood’s (Lynwood) Capital Improvement Plan (CIP) set up for Fiscal Year 23/24. This budget and time conscientious plan for imperative water and sewer infrastructure improvements for Lynwood includes the proposed improvements for Well 8 located nearby City Hall. The well at the site was originally drilled in 1948 and recently was rehabilitated in 2018 after an emergency mechanical failure. A new generator was installed in 2020. Currently, the well has a capacity of 960 gallons per minute (gpm) and includes a well pump house, sand separator, chlorine building and an emergency generator building. According to the most recent water report it is necessary to remove and replace the existing sand separator, complete upgrades to site piping, water meter relocations, installation of a pump to waste piping system and new sewer lateral connection to the existing sewer, civil/site improvements to the building, relocation of a 6 -inch irrigation meter, and lastly upgrades to the disinfection pro cess system to improve the overall production of the well. Lynwood needs a well expert to work hand in hand with Lynwood staff for the timely and budget conscious completion of this project.

Lynwood will benefit from Civiltec Engineering, Inc.’s (Civiltec) experience completing 260+ well related projects of varying sizes with different constraints such as residential, educational, heavily traffic , or commercial areas.

Moreover, 37 of these well projects were designed in the last five years. Many of these projects includ ed survey, electrical upgrades, disinfection systems, piping, and construction management services. Utilizing our research and knowledge of these systems will be very beneficial to Lynwood as this project progresses. Civiltec provides high- quality engineering services with the utmost level of integrity. We believe our expertise in delivering solutions specific to your needs will be instrumental in maintaining and cultivating a strong relation with you.

David H. Song, PE our proposed project manager brings 20+ ye ars of industry experience and 6 3 well related projects. Our team will use state-of-the-art communication tools, quality assurance/quality control (QA/QC) programs, and our enthusiasm to commit to serving Lynwood with the best possible project outcomes. As a firm Principal, I have the authority to execute and bind this contract. If you have any questions, please contact me at 626- 357-0588 or [email protected].

Sincerely,

David H. Song, PE
Principal, Senior Project Manager
CIVILTEC ENGINEERING, INC.

Founded in 1986 in Monrovia, CA
605 E. Huntington Dr., Ste. 205, Monrovia, CA 91016
David Song, PE
Principal, Sr. Project Mgr. | Proposed Project Manager
(p) 626.357.0588 | (e) [email protected]
Founded on the principles of innovative thinking and premier quality 349
PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
WELL 8 PIPING AND SITE IMPROVEMENTS

TABLE OF CONTENTS
Firm Organization, Credentials, and Background ..................................................................................... 1 Civiltec’s Corporate Owners ............................................................................................................................................ 1 Financial Stability ................................................................................................................................................................ 1 Approach to the Project ...................................................................................................................................... 1 Civiltec’s Project Understanding .................................................................................................................................... 1 Scope of Work ....................................................................................................................................................................... 2 Civiltec’s Management Approach ................................................................................................................................... 4 Unique Qualities ................................................................................................................................................................... 4 Civiltec’s Project Experience .............................................................................................................................. 5 Qualifications of Proposed Personnel............................................................................................................ 6 Readiness to Provide Services .......................................................................................................................... 8 Additional Statements ......................................................................................................................................... 9 Fee Proposal ............................................................................................................................................................ 9

350
PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
WELL 8 PIPING AND SITE IMPROVEMENTS

FIRM ORGANIZATION, CREDENTIALS, AND BACKGROUND
Established in March 1986 as a “C Corporation” we have spent 38 years dedicated to the principles of innovative thinking and premier quality. Civiltec continues to grow with six offices supported by 62+ employees throughout Arizona and California. Our team is made up of professional engineers, land surveyors, certified floodplain managers (CFM), engineers -in-trainings (EIT) and support staff including project managers, designers, CADD technicians, surveyors, and administrative personnel.

The Civiltec perk is that we are not too big or small meaning we can be there as needed in an efficient and affordable fashion to guarantee depth, quality, and adherence to schedules and budgets.

Civiltec’s Corporate Owners
Corporate ownership consists of the
following professionals : W. David
Byrum, PE, President; Chris Dusza,
PE, CFM, Vice President; Shem
Hawes, PE, Principal; David Song, PE,
Principal (proposed project manager) ;
and Andrew Shroads, PE, CFM, Principal.

Civiltec is registered as a Small
Business Enterprise with the U.S.

Small Business Administration.

Financial Stability
We are a financially strong and stable firm
taking measures to stay one step ahead of the
economic climate. We have never experienced
profit loss es, even during the direst economic
circumstances. Our reputation and the quality of
our work is paramount. Civiltec has never filed
bankruptcy nor do we have any planned office
closures or impending mergers. We have never
had a project go to litigation. Our clients can take
comfort in our strong balance sheets.

APPROACH TO THE PROJECT
Civiltec’s Project Understanding
Lynwood desires to implement various
improvements to their existing Well 8 facilities.

The well is located at 11331 Bullis Road at
Lynwood Park adjacent to an existing booster
station and underground reservoir, right across
from Lynwood City Hall. The well site includes a
well pump house, sand separator, chlorine shed,
and an electrical bu ilding that houses electrical
and controls equipment and an
emergency generator.

The goal of this project is to replace the existing
sand separator, including upgrading the existing
discharge piping and reconnecting to the
existing water main, relocating the existing flow
meter and installing an automatic pump control
valve. Additionally, the well piping will be
equipped with new pump-to-waste piping and a
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Civiltec’s Diverse Services and Capabilities
• Civil Engineering
• Water Engineering
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• Drainage Engineering
• Transportation Engineering
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PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
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new sewer lateral to connect to the existing
sewer main on Bullis Road. The existing Well 8
building will need a new air conditioning unit as
well as exterior painting. Relocation of the
Lynwood Park 6 -inch irrigation meter is also
required. Per the October 2023 Well 8
Operations Technical Report, it was
recommended to replace the existing
disinfection pump skid and Grundfos chlorine
pumps with new peristaltic pumps. Other tasks
required for this project include permitting with
the State Water Resources Con trol Board
(SWRCB) Division of Drinking Water (DDW) and
Lynwood Building and Safety and Public Works
departments. Complete plans, specifications,
and cost estimate (PS&E) package will be
prepared ready for bidding and construction.

Services also include support during bidding.

Scope of Work
Phase 1: Preliminary Design
Task 1 – Project Management
Civiltec will schedule a kick -off meeting with
Lynwood and stakeholders to discuss project
information, operational parameters, formalize
design criteria, goals, schedules, site constraints,
potential conflicts, and requirements. An agenda
and kick -off meeting minutes will be prepared
with action items. Five ( 5) additional meetings
will be coordinated and scheduled that include
progress, review, and milestone meetings.

Project management tasks include, but are not
limited to, developing, and maintaining
schedules, personnel and subconsultants
management, managing deliverables,
preparation of invoices, and ensuring
stakeholder satisfaction. Schedules will be
updated throughout the duration of the project
and submitted to Lynwood.

Task 2 – Document Review and Utility Research
Civiltec will review all documents provided by
Lynwood that include as -built drawings,
reports, letters, for the existing well. We will
obtain records of existing utilities and prepare
notices to each utility company to request
record documents to verify the size, location,
and depth of facilities within the project limits.

Utility research performed may include, but is
not limited to, existing water, sewer, storm
drain, gas, telephone, electrical, cable TV, fiber
optic and oil. We will perform a record and data
search consisting of survey information
(assessor maps, parcel maps, records of survey,
right-of-way maps, easement documents, etc.)
obtained as a part of research efforts.

Task 3 – Topographic Survey and Field Investigation
Civiltec will prepare a topographic survey of the
project limits. We will establish the control
survey points using benchmark and centerline
tie information and plot right -of-way and lot
lines in accordance with record mapping and
field monuments. We will take field shots of
manholes, water valve covers, water meter
boxes, fire hydrants, drainage features, poles,
edge of pavement, curb and gutter, sidewalk,
trees, parkways, catch basins, and other visible
aboveground facilities within the project limits.

We will dip the sewer manholes and storm drain
catch basins and record inverts. Additionally, we
will perform site field walks to confirm facilities
identified in the topographic survey and review
any site changes or constraints to aid in the
project design.

Task 4 – Base Mapping
Civiltec will combine the topographic
information obtained from the field survey and
investigation, survey mapping, title report
documents, and utility information obtained
from research to prepare a base map of the
project area. The base map will include adjacent
street centerlines, easements, property lines,
above ground features, well piping, equipment,
building, and utilities within the project limits.

Phase 2: Final Design
Drawings will be prepared in AutoCAD Version
2023 (saved down for Lynwood use), on 24-inch
by 36-inch plan sheets in scale appropriate for
the project. Submittals will be provided at the
60%, 90% and Final levels. Plans will include a
title sheet, general notes sheet, civil, mechanical,
structural, electrical, and instrumentation and
control sheets. Each discipline will include plan
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PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
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views, sections, and details as appropriate for
clear direction of construction. Each submittal
will also include technical specifications and an
engineer’s cost estimate. Following each design
submittal, a meeting will be scheduled with
Lynwood to review and obtain comments.

Task 1 – Well Piping Design
Well piping design will consist of replacing the
existing sand separator equipment, installation
of new discharge piping and pump to waste
system, relocation of the well flow meter, new
sewer lateral to connect to the existing sewer
along Bullis Road and r econnect discharge
piping to the existing water main. Control valves
will be installed to ensure automatic operation
of pump start -up and pressure relief upon
power failure. The 6 -inch irrigation meter for
Lynwood Park will be relocated for ease of
maintenance. The existing disinfection system
will be upgraded that includes the replacement
of the pump skid and existing Grundfos dosing
pumps with peristaltic metering pumps. It is
proposed that the pump skid will be a packaged
system with new piping, instrume ntation,
pumps, and control panel.

Task 2 – Well Building Improvement Design
Design of improvements to the well building will
include the installation of a new air conditioning
unit and painting of the building exterior. The air
conditioning unit will be a windowed or thru -
wall unit. Reinforcement of the existing building
wall is proposed to support the unit and include
structural calculations for submission to the
Lynwood Building and Safety Department.

Task 3 – Electrical, Instrumentation & Controls Design
The electrical upgrades will consist of
installation of a new well building AC unit. The
new AC unit will be fed via 240VAC, 1Phase from
existing Panel ‘A’ panelboard. A new 30A NEMA
3R disconnect switch will be installed at the
AC unit.

A new disinfection system pump skid using
peristaltic pumps will be installed. The
disinfection system will include a duplex pump
control panel that comes as a packaged system.

The new disinfection system will be fed via
240VAC, 1Phase from existing Panel ‘A’
panelboard. A new 30A N EMA 4X disconnect
switch will be installed at the chlorination
building. The duplex pump control panel will
communicate the following points to SCADA:
• Pump No.1 Auto Status
• Pump No.1 Run Status
• Pump No.1 Fault Status
• Pump No.2 Auto Status
• Pump No.2 Run Status
• Pump No.2 Fault Status
The well pump discharge piping will include
upgrades to the pump-to-waste system. The new
pump-to-waste control valve solenoid valve and
limit switches will be tied into the existing Well
pump variable frequency drive ( VFD) starter
panel. The electrical design will include
modifications to the ladder logic (residing in the
existing well pump VFD starter) to incorporate
the new pump -to-waste control valve into
system operations.

Task 4 – Contract Specifications
Civiltec will prepare the contract documents
utilizing Lynwood’s standard specifications for
the project that will include the notice to inviting
bids, instruction to bidders, proposal and bid
schedule, sample agreement, general conditions,
special provisions, and technical specifications.

Specifications will be prepared in CSI format.

Technical specifications will include sections
related to the civil, mechanical, structural,
electrical, instrumentation and controls
elements. Additionally, a list of manufa cturers
and models of equipment will be prepared for
Lynwood’s review and approval.

Task 5 – Engineer’s Cost Estimate
Quantities and cost estimates for the items
determined from the construction drawings and
specifications will be prepared. Cost estimation
is based on the procedures and values from BNI
Public Works Cost Book and past bids
administered on similar construct ion projects.

Construction costs will consider material,
prevailing wage labor, and equipment costs for
accurate cost estimates. The itemized cost
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PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
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estimate will match the bid schedule as included
in the contract proposal.

Phase 3: Permitting and Coordination
Task 1 – DDW Operating Permit
Civiltec will meet with DDW personnel to inform
them of the project objectives and provide all
necessary forms, plans and documents to
support the operation of the well with the new
improvements. Correspondence will be
performed to ensure reviewers have a full
understanding of the project and any questions
or clarifications answered. The process will be
pursued until the permit is obtained.

Task 2 – Lynwood Permits
It is anticipated that a public works permit will
be required for work outside of the property in
street right -of-way. Engineered traffic control
plans will be provided if required. Also, a
building permit may be required for the well
building improvements. Forms, plans,
documents, and calculations will be submitted
to each respective department to start the
permitting process. Permits will be pursued
until obtained.

Phase 4: Bidding Support Services
Task 1 – Advertise for Bidding Services
Civiltec will attend a pre -bid job walk and
prepare minutes of the meeting. Response to
requests for information (RFIs) will be prepared
for review by Lynwood and issued to bidders as
appropriate. We will prepare necessary
sketches of design details to clarify any issues
during bidding. Bids will be evaluated, pricing
validated and a recommendation for award will
be issued.

Civiltec’s Management Approach
Civiltec follows a simple four -part philosophy to promote the timely and effective completion of all projects and reduce the need for amendments to contracts and/or change orders. Our decision -making process is based on the consensus of ideas and information from the entire project team to ensure that sound and intelligent recommendations and solutions are reached. It is our belief that with a complete understanding of your goals, project requirements, potential utility conflicts, and stakeholder/agency requirement s and concerns that we can prepare a highly efficient, economical, and practical work plan and tailor an approach with the best available technical resources. Our teams are versed in working on wide ranges of scopes and phases. Civiltec is organized in a way that we can quickly form one - person team to twenty-person teams to accomplish any sized project.

Unique Qualities
Problem Resolution. We believe that two
heads are better than one and through this belief
we ensure firm and sensible resolutions by
fostering a communicative team environment.

This is fundamental to formulating sound and
cost-effective solutions to issues that can arise
on a project.

Cost Estimating. Civiltec maintains a
comprehensive library of previous project
construction costs which includes internal and
external engineer’s opinion of likely costs
associated with construction. We also utilize
recent contractor bid tabulations and current
construction cost publications for estimating
unit costs for bid schedule items.

Schedule and Budget Control. We have an
excellent track record of producing complete,
quality, and timely PS&E and construction
documents because we realize that time is
money. Project budgets are determined using
man-hour breakdowns by staff members for
each task. Based on these estimates and staff
readiness, project sc hedules are developed in
Microsoft Project and maintained through the
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PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
WELL 8 PIPING AND SITE IMPROVEMENTS
overall project schedules. Schedules are used in
communication with our clients and our staff, so
all expectations and budgets are met.

QA/QC Program. Civiltec’s project manager
works with the principal-in-charge (PIC) for the
oversight, management, and implementation of
the QA/QC processes. All documents (reports,
drawings, sketches, specifications, technical
provisions, calculations, etc.,) are subject to an
internal QA/QC. Design inputs, such as
applicable municipal, county, state and federal
codes and standards, contract documents and
other applicable quality and technical
requirements are reviewed for applicability and
incorporated, as needed.

CIVILTEC’S PROJECT EXPERIENCE
Civiltec shares your commitment to efficient, innovative, high-quality infrastructure and will provide the engineering support that maintains the quality of life your residents deserve. Providing additional professional engineering services and designing CIP projects is the core of our business.

Throughout the past 5+ years, we averaged 148 new projects annually in California, ranging from small to large in both size and budget. We have designed and managed construction for a variety of water, sewer, street, and storm drain improvement projects. Our reputation and the quality of our work is paramount to us.
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PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
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QUALIFICATIONS OF PROPOSED PERSONNEL
Personnel in our proposed team are experienced public works engineers, construction managers and qualified observation staff with combined 289+ years of technical experience. All work assigned to us will be managed out of our Monrovia office. Civiltec prides itself on personal service and is proud of our reputation for fast responsiveness and high-quality standards. An organizational chart of our proposed team is shown below followed by key team members’ qualifications. No person designated as key to the project will be removed or replaced without prior written concurrence of Lynwood. 356
PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
WELL 8 PIPING AND SITE IMPROVEMENTS
David Song, PE – Project
Manager
Education: B.S., Civil Engineering,
University of California, 2004
Registration: Professional Engineer,
CA No. 76613
Office: Monrovia
David has 20+ years ( 18+ with Civiltec ) of
engineering and project management
experience in potable water infrastructure
design, engineering, and construction
management. Responsibilities include project
management, supervision of design staff, client
correspondence, management of project
budgets and schedules, technical writing and
planning, hydraulic analysis, and modeling,
developing PS&E packages , construction
management and performing project plan
checks. David has been responsible for the
design and project management of more than
500,000 LF of distribution and transmission
pipelines and construction traffic control plans,
pump stations, wells, and reservoirs. He is very
familiar with secur ing permits with public
agencies and cities including Los Angeles,
Orange and Ventura Counties, railroad
authorities, DDW and Caltrans.

W. David Byrum, PE –
Principal-in-Charge
Education: B.S., Mechanical
Engineering, University of California,
1977
Registration: Professional Civil
Engineer, CA No. 43296
Office: Monrovia
David has 45+ years ( 31+ with Civiltec ) of
experience as a systems planner, design
engineer, project manager, principal engineer,
and construction manager. As President of
Civiltec and Principle-in-Charge of this contract
he will ensure that each project is of the highest
quality deliverable to Lynwood . He is an expert
in the planning and design of water distribution
and transmission pipelines, water treatment
plants, booster pumping stations, steel and
concrete reservoirs, groundwater wells,
specialty valving stations, storm drains and
street improvement projects. He is versed in the
preparation of regulatory agency compliance
reports and technical studies to ensure water
purveyors remain in compliance with current
regulations.

Terry Kerger, PE – QA/QC
Manager
Education: B.S. Civil Engineering,
California State University, Los
Angeles, 1985
Registration: Professional Civil
Engineer CA No. 34896
Office: Monrovia
Terry has 5 0+ years (19+ with Civiltec) of
experience in project management, design, and
construction of civil engineering projects. His
experience includes flow computations for
master plans, hydraulic calculations, more than
50 miles of water transmission mains (ranging
from 6 - to 30 -inches), flow control facilities,
pump stations, reservoirs, wells, treatment
plants, sewerage, water containment,
investigations of wellhead water treatment and
well water blending, hydraulic modeling, CIP
planning, telemetr y system design, feasibility
studies for purchase of adjacent mutual water
systems, including system appraisal, financial
options, and identifying system upgrades, flood
control facilities, bikeway, roadway design,
structure design, grading plans, water master
plans, and agency plan check programs. Terry
conducted computerized hydraulic network
analysis using Fluid Analysis and Simulation
Technique for several clients including Rowland
Water District and the cities of Manhattan
Beach, Thousand Oaks, Camarillo, Ontario, and
Beverly Hills.

Heber Torres, PE– Electrical
Engineer
Education: B.S., Electrical
Engineering, University of Texas ,
2000
Registration: Professional Electrical
Engineer, CA No. 19970
Office: Phoenix & Peoria
Heber has 21+ years (2+ with Civiltec ) of
extensive electrical and instrumentation design
and project management experience in the
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PROFESSIONAL ENGINEERING SERVICES FOR TASK ORDER NO. 2
WELL 8 PIPING AND SITE IMPROVEMENTS
water/ wastewater industry. His skillset is
predominately within the development of
electrical design plans and specifications,
control panel fabrication drawing design,
analysis, and design of wireless communication
systems, providing arc flash and coordination
studies, lighting/photometric plans, as well as
electrical safety procedures per National Fire
Protection Association (NFPA) 70E
requirements. Heber is a methodical, budget
conscious, and knowledgeable engineer and has
worked on electrical design, arc flash analysis,
and various other projects throughout Arizona,
California, Nevada, and Texas.

Tim Kwan, PE– Project
Engineer
Education: B.S., Civil Engineering,
California State Polytechnic
University, Pomona, 2020
Registration: Professional Civil
Engineer, CA No. 95525
Office: Monrovia
Tim has 5+ years (all with Civiltec ) of hydraulic
modeling and water engineering experience. He
is experienced at updating existing models,
calibrating models, troubleshooting models, and
creating operational scenarios, steady state,
simulations models, and CIP project impact
models. In addition, he routinely creates
extended period scenarios, produces fire flow
results, and provides future system modeling
results that ultimately help create CIP projects
that benefit the client’s water system. Well
experience includes design of 13 wells. His
software experience includes ArcGIS
and InfoWater.

Chris Duncan, PLS–Survey
Manager
Education: ABET Program,
Extension Courses in Land Surveying,
California State University, Los
Angeles
Registration: Professional Land
Surveying, CA No. 7745
Office: Monrovia
Chris has been an active field and office land
surveyor for 41+ years (11+ with Civiltec ). He
has performed all aspects of surveying
throughout California and Arizona, including
construction staking, boundary surveys, control
surveys and topographic surveys. He excels at
major hillside subdivision work and is a member
of the American Congress on Surveying and
Mapping and National Society of Professional
Engineers. He manages work with Autodesk
CAD software, and various coordinate geometry
software products to process mapping data,
utilizing Trimble GPS equipment in conjunction
with Trimble TBC software, the Trimble SX- 12
total station scanner, Trimble 5600 robotic total
station equipment, and DiNi 3 Series digital level
and invar rod, and Geodimeter total st ations to
obtain accurate and precise field measurements
for base mapping. Using the California VRS
network with GNSS efforts and conventional
field measurements as secondary checks on
larger surveys allows many opportunities to
review work processes and k eep closure errors
well within industry standards. With these tools
and Chris’s hands -on field experience, he will
keep up with demanding workflows tasks.

READINESS TO PROVIDE SERVICES
The Monrovia office has served 116 clients, equaling 640 new projects over the past 5 years of these 91% are with repeat clients. This demonstrates our excellent track record of producing complete PS&E documents correctly, thoroughly and on time. With this in mind, we utilize our time and expertise to maximum productivity. Our objective is to provide clients with quality work and fair prices in a timely manner. This allows us to handle multiple assignments at the same time and rapidly adjust to changes requ ired to tackle an expeditious schedule. Civiltec has immediate staff availability (averaging 20 -40% availability) to start this project and it through to completion.

Team Availability
Key Personnel Percent
David Song, PE 40%
W. David Byrum, PE 20%
Terry Kerger, PE 40%
Heber Torres, PE 20%
Tim Kwan, PE 40%
Chris Duncan, PLS 35%
Sara Canche 40%

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ADDITIONAL STATEMENTS
Civiltec will adhere to all federal laws, state, and
local laws and regulations.

Civiltec will allow authorized federal, state,
county, and Lynwood officials access to
Civiltec’s place of work, books, documents,
papers, fiscal, payroll materials, and other
relevant contract records pertinent to the
project. All relevant records will be retained for
at least three years.

Civiltec will not discriminate against any
employee or applicant for employment because
of race, color, religion, sex or national origin.

Civiltec will comply with the California Labor
Code. Pursuant to said regulations entitled:

Federal Labor Standards provisions; Federal
Prevailing Wage Decision; and State of California
Prevailing Wage Rates, respectively.

FEE PROPOSAL

SrPM PrEE SrPE SE PT SM 2PS
250.
00$ 235.00$ 235.00$ 175.00$ 140.00$ 205.00$ 285.00$ Phase 1 - Preliminary Design 28 16 0 64 8 4 16 500.00 $ 28,960.00$ Task 1 - Project Management and Meetings 16 4 4,940.00$ Task 2 - Document Review and Utility Research 4 4 12 8 500.00 $ 5,660.00$ Task 3 - Topographic Survey and Field Investigation 4 8 12 4 16 10,360.00$ Task 4 - Base Mapping 4 40 8,000.00$
Phase 2 - Final Design 48 60 76 216 0 0 0 - $ 81,760.00$ Task 1 - Well Piping Design 24 12 80 22,820.00$
Task 2 - Well Building Improvement Design 4 40 16 13,200.00$ Task 3 - Electrical, Instrumentation and Controls Design 4 40 80 24,400.00$ Task 4 - Contract Specifications 12 16 16 24 14,720.00$ Task 5 - Engineer's Cost Estimate 4 4 8 16 6,620.00$
Phase 3 - Permitting and Coordination 16 0 0 20 16 0 0 - $ 9,740.00$ Task 1 - DDW Operating Permit 8 12 4,100.00$
Task 2 - City of Lynwood Permits 8 8 16 5,640.00$
Phase 4 - Bidding Support Services 24 0 0 0 0 0 0 - $ 6,000.00$ Task 1 - Advertise for Bidding Service 24 6,000.00$
HOURS 116 76 76 300 24 4 16 612
BUDGET 29,000.00$ 17,860.00$ 17,860.00$ 52,500.00$ 3,360.00$ 820.00$ 4,560.00$ 500.00 $ 126,460.00$ TOTAL
COSTScope of Work
HOURS
Reimb.

Expenses
359
360
RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

CIVILTEC ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PIPING AND SITE IMPROVEMENTS FOR WELL 8, CIP PROJECT NO. 4011.68.067, FOR A TOTAL NOT TO EXCEED AMOUNT OF $126,460.

WHEREAS, the City’s Well 8 is one of five wells that supplies groundwater to the City, providing around 20% of the City’s water supply; and WHEREAS, the sand separator at Well 8 has had a number of leaks over the last two years and needs to be replaced; and
WHEREAS, a Well Operations Report prepared by Waterworks Technology, Inc. dated October 30, 2023 recommended improvements to Well 8 piping and site improvements, such as piping and site improvements such as replacement of the sand separator equipment and piping, relocation of Well 8 water meter, installation of a pump to waste piping system, upgrades to the existing Well 8 building, relocation of existing 6- inch irrigation meter for Lynwood Park and upgrading the existing on-site Disinfection Process System; and
WHEREAS, on December 19, 2023, the City awarded Civiltec Engineering a contract for On-Call Professional Services, acknowledging their specialized expertise in design and construction of similar groundwater well projects throughout Southern California;
WHEREAS, Civiltec Engineering has the expertise to provide the City the necessary professional services for the rehabilitation design and site improvements for Well 8; and
WHEREAS, staff requested a proposal from Civiltec (Task Order #2) for engineering services for the design for the replacement of the sand separator equipment and piping, the relocation of Well 8 water meter with an automatic control valve, the installation of a pump to waste piping system with a new sewer lateral, the upgrades to the existing Well 8 building, the relocation of existing 6-inch irrigation meter for Lynwood Park and the upgrading of existing on-site Disinfection Process System; WHEREAS, the cost for Civiltec Engineering to provide those services is $126,460; and
WHEREAS, the Fiscal Year (FY) 2023/24 budget for this project is $186,658 from LUA 2020-A Revenue Bonds; and
WHEREAS, no additional appropriation is needed.
361
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this resolution as substantive findings.

Section 2. That the City Council approves the proposal provided by Civiltec Engineering in an amount not to exceed $126,460.

Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood
Section 4. This Resolution shall take effect immediately upon its adoption.

Section 5. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this 16th day of April 2024. ______________________________
José Luis Solache
Mayor
ATTEST:
___________________________
María Quiñónez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia Ernie Hernandez
City Attorney City Manage
Julian Lee
Director of Public Works
362
3 STATE OF CALIFORNIA )
)

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Maria Quiñónez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of April 2024. _______________________________
Maria Quiñónez, City Clerk
363

AGENDA STAFF REPORT

DATE:

April 16, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Mark Flores, Director of Recreation & Community Services Jose Trejo, Deputy Director of Recreation & Community Services SUBJECT:

EXTENSION OF SECURITY SERVICES AGREEMENT
Agenda Item # 10.1.

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled; “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE

MAYOR OR DESIGNEE TO EXECUTE, IN A FORM SATISFACTORY TO THE CITY

ATTORNEY, AN AMENDMENT TO THE SECURITY SERVICES AGREEMENT WITH

PROFESSIONAL SECURITY CONSULTANTS - EXTENDING THE AGREEMENT THROUGH NOVEMBER 17, 2024”.

Background:

The City is in need of the professional security services of Professional Security Consultants (PSC) as an independent contractor to provide security services to the City’s parks and public facilities. The City Council issued a six (6) month contract to PSC that went into effect on October 25, 2023 and that is set to expire on April 25, 2024. Staff recommends that the City Council authorize the City Manager to approve an amendment to the security agreement in an amount not to exceed $200,000 in approved Budget level through November 17, 2024. As part of the existing contract provisions, the City may extend the agreement subject to negotiations between the City and PSC.

Discussion and Analysis:

The City changed security service provider from Good Guard, Inc to PSC in October of 2023.

This action was taken in an effort to acquire a service provider in the most expeditious and cost-effective manner possible. The services provided by PSC have been satisfactory to the City. The agreement with PSC concludes on April 25, 2024, and staff needs more time to conduct a formal search for a longer-term security services provider via the City’s formal bid process. The following table represents the estimated timeline to issue the RFP, undergo the City Council City Council Regular Meeting 364
selection process and to formally select a new security provider:

Activity
Target Date
Complete preliminary draft
RFP
May 23, 2024
Input from City Staff
June 5, 2024

Prepare Final RFP Draft
June 19, 2025
Publish RFP Invitation
June 26, 2024

Conduct pre-proposal
meeting
July 17, 2024
Deadline for Proposal
Submissions
August 14, 2024

Evaluate Proposals
By September 19, 2024
Shortlist Finalist
September 26, 2024

Present Recommendation to
City Council for approval
October 15, 2024

Start new service
November 3, 2024

The recommended extension period keeps the same terms and conditions as are currently in place with the existing contract that was effective October 25, 2023. Attached to this report is the current agreement.

Straight Bill Rate
Overtime Bill Rate
Extension Period Budget Level
(April 26, 2024 – November 17, 2024)
$29.96
$44.93
(Not to exceed)
$200,000

City Council City Council Regular Meeting 365
Professional-Services-Agreement-Lynwood-PSC -10_18_2023 (003).pdf Resolution - First Amendment to Security Contract.docx
Fiscal Impact:

No additional funding is requested for the current Fiscal Year 2023-2024. The City’s adopted Fiscal Year (FY) 2024-25 budget for security service is $420,155 (day-to-day park and city facility patrols plus private rental services) from the General Fund. The total cost of the recommended extension period from April 26, 2024 to November 17, 20024 will not exceed $200,000. Moving forward, once the formal bid process is completed, there will be additional City cost for a new services agreement.

Coordinated With:

City Manager
Finance
City Attorney

ATTACHMENTS:

Description
City Council City Council Regular Meeting 366
1 PROFESSIONAL SERVICES AGREEMENT
Resolution No. 2023.127

This agreement (“Agreement”) is made as of October 25, 2023, by and between the City of Lynwood , a municipal corporation ("City") and Professional Security Consultants, a State of California 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, City desires to utilize the services of Consultant as an independent contractor to provide both unarmed and armed uniformed security service 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 the Exhibit A. Consultant agrees to provide the services and perform that tasks set forth is the Scope of Work, attached to and made part of this Agreement, except that, to the extent that nay provision in Exhibit A conflicts with this Agreement, the provisions of the Agreement gov ern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2. Term of Agreement. This Agreement shall commence on October 25, 2023 (Commencement Date) and shall remain in full force for a period of six (6) months until April 25, 2024. Any extension of this term shall be subject to negotiation between the City and Consultant.

3. Compensation.

A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit C (Fees for Security Services). All expenses related to the security services provided by Consultant pursuant to this Agreement shall be paid by Consultant , including, but not limited to, all labor costs, bonds and insurance premiums, uniforms and equipment and overhead costs.

B. Consultant shall submit to City an invoice in the form and manner specified by City. Each invoice shall include a breakdown of the services rendered during the billing period. Consultant shall maintain appropriate and necessary documentation supporting 367403
2 the invoice detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.

City shall endeavor to pay invoices bearing correct and authorized charges within forty- five (45) days of the date they are received after a complete and correct invoice has been approved for payment by the City . Each invoice submitted by Consultant shall include:

1) City’s Agreement Number
2) Date of Invoice
3) Sequential Invoice Number
4) Service Location
5) Dates of services provided
6) Number of hours worked by each employee and rate of pay 7) Total charges for services

Consultant shall submit invoices addressed to:

City of Lynwood
Recreation and Community Services Department
11301 Bullis Road
Lynwood, California 90262

C. Total payment to Consultant pursuant to this Agreement shall not exceed [two hundred thousand dollars] ($200,000).

D. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated wit h performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.

4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.

5. Addresses.

City of Lynwood

City of Lynwood
11330 Bullis Road
368404
3 Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager

Company

Professional Security Consultants
11454 San Vicente Boulevard
Los Angeles, CA 90049
Attn: Mayura Rao, Senior Vice President

6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.

Exhibit A - Scope of Services (City’s Request for Proposals No.2022.062) Exhibit B - General Terms and Conditions
Exhibit C - Compensation Schedule (Fees and Security Service Schedule) Attachment 1 - Company’s Insurance Policy, Real Property, and Vehicle Information
///

SIGNATURES ON FOLLOWING PAGE

369405
4 I
N WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.

CI
TY
C

ITY OF LYNWOOD
B
y: ______________________________ ______________________ Ernie Hernandez, City Manager Date
CO

NSULTANT
PR

OFESSIONAL SECURITY CONSULTANTS
B
y: _______________________________ ________________________ Mayura Rao, Senior Vice President Date
AT
TEST:

B
y: ______________________________ ________________________ Maria Quinonez, City Clerk Date
AP
PROVED AS TO FORM:

B
y: ______________________________ ________________________ Noel Tapia, City Attorney Date
10/27/23
370406
1 EXHIBIT A

SCOPE OF WORK

371407
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 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 372408
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 Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
373409
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 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.
374410
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 of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and ( II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".

F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunt eers 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, 375411
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 information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

7. Conflict of Interest.

A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.

B. Consultant covenants not to give or receive any compensation, monetary or 376412
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 or Consultant with or without cause by providing thirty (30) day prior written notice (“Notice of Termination”) to the other party. 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 T ermination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.

In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.

9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.

10. Non-Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all 377413
7 qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.

13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any mann er affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.

15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover 378414
8 its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.

17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the 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, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane 379415
9 or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set fort h in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.

Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.

Exhibit C
380416
10 FEES FOR SECURITY SERVICES

October 25, 2023 – April 25, 2024

GUARD TYPE RATE
Unarmed $29.96 (Straight Time)
Armed $34.14 (Overtime)
Unarmed $44.94 (Straight Time)
Armed $51.22 (Overtime)

Attachment 1
381417
11 (1) Name, address, and telephone number of the entity and the security guard COMPANY through whom the labor or services are to be provided.

City Company
City of Lynwood Professional Security Consultants
11330 Bullis Road Address:

Lynwood, CA 90262
(310) 603-0220, Ext. 319 Telephone:

Email:

(2) The employer identification number for state tax purposes of the security guard COMPANY.

(3) The workers' compensation insurance policy number and the name, address, and telephone number of the insurance carrier of the security guard COMPANY.

(4) The vehicle identification numbers of any vehicle that is owned by the security guard COMPANY and used for transportation in connection with any service provided pursuant to the Agreement, the number of the vehi cle liability insurance policy that covers the vehicle, and the name, address and telephone number of the insurance carrier.

(5) The address of any real property to be used to house workers in connection with the Agreement.

382418
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE, IN A FORM

SATISFACTORY TO THE CITY ATTORNEY, THE FIRST AMENDMENT TO THE

SECURITY SERVICES AGREEMENT WITH PROFESSIONAL SECURITY
CONSULTANTS - EXTENDING THE AGREEMENT THROUGH NOVEMBER 17, 2024 WHEREAS, a key element in the provision of quality parks and public facilities is that they are safe for residents to utilize; and
WHEREAS, on October 17, 2023 the City’s private security services contract provider was awarded to Professional Security Consultants (PSC) to provide security services to the City’s parks and public facilities (“Master Agreement”); and WHEREAS, the term of the agreement with PSC was for a six (6) months period of October 25, 2023 to April 25, 2024; and
WHEREAS, the City sees the need to continue security services without disruption until a formal competitive bid process is completed; and WHEREAS, staff is developing a formal invitation to potential vendors to submit proposals via the formal bid process; and
WHEREAS, the cost of the recommended first amendment to provide security services as requested shall not exceed $200,000 for the extension period; and WHEREAS, no additional appropriation is needed.

NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:

Section 1. The City Council for the City of Lynwood finds and declares that the forgoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.

Section 2. That the City Council approves the First Amendment to the Professional Security Consultants to provide Security Guard Services for the City of Lynwood’s Parks and Facilities for the period beginning on April 26, 2024 through November 17, 2024 for security services up to, but not-to-exceed $200,000, in a form approved by the City Attorney.
383
Section 3. The Mayor is authorized to execute the First Amendment for and on behalf of the City of Lynwood. The Mayor is also authorized to execute the Resolution for and on behalf of the City of Lynwood.

Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.

PASSED, APPROVED AND ADOPTED this 16th day of April, 2024. _________________________
Jose Luis Solache
Mayor
ATTEST:
_______________________ __________________________
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________ __________________________
Noel Tapia, Mark Flores, Director
City Attorney Recreation & Community Services
384
STATE OF CALIFORNIA }
} SS.

COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the Lynwood City Council at a regularly scheduled meeting held on the 16th day of April, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA }
} SS.

COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. ______ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of April, 2024.
__________________________
Maria Quinonez, City Clerk
385

AGENDA STAFF REPORT

DATE:

April 16, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Maria Quinonez, City Clerk
Annette Carrillo, Office Assistant
SUBJECT:

APPROVAL OF NON-PROFIT APPLICATIONS FOR THE SALE OF SAFE

AND SANE FIREWORKS
Agenda Item # 10.2.

Recommendation:

Staff recommends that the City Council review the item and approve the four (4) qualified applicants.

Background:

Ordinances 1548-A and 1565 regulate the sale of Safe and Sane Fireworks in the City of Lynwood. Apprlications for the sale of Fireworks were accepted and reviewed in the City Clerk's Office between March 1, 2024 and April 1, 2024. The City Ordinance allows up to fourteen (14) stands to operate between July 1 through July 4th.

However, at its Regular City Council Meeting on March 5, 2024, City Council approved only accepting a total of five (5) Fireworks stands.

Discussion and Analysis:

Staff is requesting that the Lynwood City Council review, discuss and approve the four (4) qualified applicants listed below.

City Council City Council Regular Meeting 386
Ordinance No. 1565.pdf
Ordinance No. 1548-A.pdf
Name of Organization
Stand Location
Company
Century Explorers Post
1993
10727 Long Beach Blvd.

TNT
Lynwood Sports
Association – Marlins
Swim Team
10901 S. Atlantic Ave.

TNT
Lynwood Grace Hispanic
Church of The Nazarene
11170 Long Beach Blvd.

TNT
Lynwood Athletics
Community Services
3831 Martin Luther King
Blvd
Phantom

Fiscal Impact:

The City of Lynwood will receive $2,000 in non-refundable permit fees, $2,208 in refundable fire clearance fees, and $2000 in refundable clean-up fees, if all four (4) applicants are approved.

Coordinated With:

N/A
ATTACHMENTS:

Description
City Council City Council Regular Meeting 387
ORDINANCE NO 1565

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CERTAIN SUBSECTIONS OF SECTION 122 OF THE

LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE

USE AND DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF

SAFE AND SANE FIREWORKS WHICH EMIT HIGHPITCHED

SCREAMING SOUNDS
WHEREAS California Health and Safety Code section 12541 permits a City to regulate the sale use and discharge of fireworks in its jurisdiction and WHEREAS the possession sale use and discharge of Dangerous Fireworks within the City of Lynwood City is currently prohibited and WHEREAS the possession sale use and discharge of Safe and Sane SAS Fireworks is currently permitted in the City subject to certain regulations and WHEREAS the City Council of the City of Lynwood Council wishes to preserve the City'straditionalFourth of JulySAS Fireworkssales which benefit the charitable organizations in theCity and WHEREAS
to promotethe safetyhealth and quiet enjoymentof the City'sresidentsthe Council findsit necessaryto impose additionalcontrols on the dischargeof those types of SAS Fireworkswhich emit high pitchedscreamingsounds present an attractive nuisance to children and may be easily modifiedfor use contraryto their intendeduse and WHEREASbecause
the issuance of permits for the sale of SAS Fireworksare pending the Council findsthat the adoptionof this ordinancebanningthe use ayndiscl argof suclr s ofS A S i e 'er'as'itl il tiiCitj' is 'aee' ed toYrclte t tte reac ehealthand safety of the residentsof the Cityand to providenoticeto the potentialpermitteesand the publicof those typesof SAS Fireworksthat are no longer permittedto be dischargedandused in the CityNOWTHEREFORE
THE CITY OF LYNWOODDOESORDAIN AS FOLLOWS Section
1 That Subsection12 2 2ofChapter 12 of the Codeof the Cityof Lynwoodbe repealed it its entiretySection2
That a new Subsection12 2 2ofChapter 12 be addedto Code of the Cityof Lynwood whichsection shall read as follows12 2
2DefinitionsSafe and
Sane FireworksSAS Fireworks shall mean only those fireworkswhich are defined in section 12529of the CaliforniaHealthand Safety Code and have been classifiedand registered as safe and sane by the statefire marshal ScreamingFireworks shall mean any SAS Fireworkcommonlyknown as a PiccoloPete Screaming Willie Whistle Pete Whistling Phantomor any other SAS fireworkhavingthe same appearanceand discharge characteristicsas any of these SASFireworksPersonshall
mean any individual personfirm partnershipcorporationassociation or any other entity DangerousFireworks
shall mean all fireworks otherthan SAS Fireworksand include but are not limited to those fireworksdefined in sections 12505and 12561 of the CaliforniaHealthand Safety Code
388
State Fireworks Law shall mean section 12500 et sue of the California Health and Safety Code
Section 3 That Subsection 1223 of Chapter 12 of the Code of the City of Lynwood be repealed it its entirety
Section 4 That a new Subsection 1223 of Chapter 12 be added to the Code of the City of Lynwood which Subsection shall read as follows
1223 Restrictions on Sale or Discharge
It shall be unlawful for any Person to
a Possess any Dangerous Fireworks within the City of Lynwood b Use discharge ignite or explode any Dangerous Fireworks or Screaming Fireworks within the City of Lynwood
c Discharge any SAS Fireworks in any manner other than in compliance with the instructions of the manufacturer
d Sell offer for sale or display for purposes of sale any Dangerous Fireworks within the City of Lynwood
Section 5 That Subsection 1224 of Chapter 12 of the Code of the City of Lynwood be repealed in its entirety
Section 6 That a new Subsection 1224 of Chapter 12 of the Code of the City of Lynwood be added to the Code of the City of Lynwood which Subsection shall read as follows
1224 Exception for Sale and Discharge of Safe and Sane Fireworks SAS Fireworks may be sold within the City only during the period beginning at 900 am on July 1 and ending at 1000 pm on July 4 Discharge of SAS Fireworks with the exception of Screaming Fireworks is permitted within the City only between the hours of 400 pm and 1000 pm on July 4in Section 7 That Subsection 12219 of Chapter 12 of the Code of the City of Lynwood be repealed it its entirety
Section 8 That a new Subsection 12219 of Chapter 12 be added to the Code of the City of Lynwood which Subsection shall read as follows
12219 Violations Penalties
Any person who violates any provision of Section 122 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by the penalties andor fines as provided for in Section 15 of the Lynwood Municipal Code unlSS a SpeC1I1Cflue for the VlOlatiOn is SpeCllied iri ti1iS7iA1'iSCtiGnIn additiviiviolation of anyprovisionsof Section12 2by an SAS Fireworkspermittee shall result in revocationof the permitand renderthe violatingorganizationineligible for a permitfor five 5 yearsfrom the date of suchviolationa The fine for possessionof DangerousFireworks in theCity is $25000b The fine for dischargingDangerous Fireworks and orScreamingFireworks in the City is $50000c
The fine for dischargingSAS Fireworksin the City in anymannerother than in compliancewith the instructionsof the manufactureris $500002 389
d The fine for sale of Dangerous Fireworks in the City is $100000 Section 9 If any section subsection sentence clause phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining sections subsections sentences clauses phrases or portions of this Ordinance The City Council hereby declares that it would have adoptedthis Ordinance and each section subsection sentence clause phrase or portion thereof irrespective of the fact that any one or more sections subsections sentences clauses phrases or portions be declared invalid or unconstitutional Section i0 This ordinance shall take effect thirty 3G days after its final passage by the City Council
Section 11 The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law
First read at a special meeting of the City Council held on the lath day of March 2005 and adopted and ordered published at a regular meeting of the said Council held on the nth d
c nnnc
Attes
Andrea L Hooper City Clerk Jo eph Wang eri ity Man r
Approved as to form
J Arnoldo Beltran City Attorney
390

STATE OF CALIFORNIA
ss

COUNTY OF LOS ANGELES
I the undersigned City Clerk of the City of Lynwood do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of Apri 1 2005

AYES COUNCILMEN BYRD PEDROZA VASQUEZ AND RODRIGUEZ

NOES NONE

ABSENT MAYOR PRO TEM SANTILLAN

ABSTAIN NONE
Andrea L Hooper City Clerk

STATE OF CALIFORNIA
ss

COUNTY OF LOS ANGELES
I the undersigned City Clerk of the City of Lynwood and Clerk of the City Council of said City do here'oycertify that the above and foregoingis a full true and correct copy of OrdinanceNo 1565 on file in my office and that said Ordinance was adopted on the date and by thevote therein stated Dated this 5th day of Apri 2005 F
Andrea
L HooperCity Clerk4
391
ORDINANCE NCB 1548A

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RPAIN'G5 Tlmii12 O ' THE Y11'OOD RiUNICII'ALCODS IN I rENTIRETY AND ADOPTINGA NEWSF CTION12 2FOR THE PURPOSEOF BANNING
POSSESSIOIETSALE USE Ai''rTD DISCHARGEOF FIREE JORKSINTHE CITY

OF LYNWOODCEPTUNDER LIMITED CIRCUMSTANCESINVOLVING SAFE AND SANE FIREWORKSWHEREASthe
City of Lynwoodis a generallawcity locatedin the Countyof Los Angelesand operatingunder the laws of the Stateof Californiaand the CaliforniaConstitutionand ' '1ir
IrEACalifornia f caitband safety o esectio 12541 permits a Cityto re ulaiethe sale ase and dischargeof fireworksits jurisdictionar dWHEREAS the City of Lynwoodis responsiblefor the promotionof safetythroughthe reasonable regulation and controlof the sale and use of Safeand Sane Fireworkswhich benefit the charitableorganizations in the City in theirsale and protectthe publichealth and welfarefrom potentiallydamaging use of dangerousfireworks and WHEREAS the City Councilwisher to fix the numberof permitsto sell Safe and Sane Fireworks issued in the City and furt'ierreglate permitteesto ensure the proper sale and use of such fireworks and WHEREAS the
City Councilhas found that clarificationand additional enforcementof the ban on the possessionsale Lase and dischargeof DangerousFireworksin the Cityis neededto protect the health safetyand s elfare ofthe citizensof Lynwood NOWTHEREFOR

E THECITY COUNCILOF THE CITY OF LYNWOODHEREBY'DOES
ORDAIN l S FOLInWS ectiorf1
l hat Section12 2 ofChapter12 of the Codeof the Cityof Lynwoodis hereby repealedit its entiretySectinn
2That a new Section12 2 ofChapter12 is addedto Code of the Cityof Lynwoodwhichsection reads as follows Section12
2 POSSESSIONSALE

USE AND DISCHARGEOF FIREWORKS PKOHIBITEDWITH LIMITED F
CEPTIONS FORSAFE AND S hNt FIREWORKSStatementof
Purpose DefinitionsRestrictions
on
SaIF or DischargeREGULAR
392
T
Exception for Sale and Discharge of Safe and Sane Fireworks Permit Required for Sales
Applications for Permits
Notice of Granting or Rejecting of Permit
Prerequisites to Issuance of Permit
Operation of Stands
Compliance with City Regulations and State Laws
Temporary Fireworks Stands
Permit Fee
Fire Clearance Fee
Cleanup Fee
Temporary Sales Tax Permit Required
r
P''r1lScil'1c''T Cttnnfcr j icharof C fc Prohibitions
On DischargeAge
Limit for PurchaseViolations
Penalties Statement
of PurposeThe
purposeof this Sectionis to protectthe propertyof and providefor the healthwelfare and safetyof the citizensof Lynwoodby prohibitingthe possessionsale use and discharge of DangerousFireworks within the City of Lynwoodand establishingreasonable regulations on the possessionsale use and dischargeof Safeand Sane Fireworks y
Definitions
'Safe
and Sane FireworksSAS Fireworksshall mean only thosefireworkswhich are definedin section12529 of the CaliforniaHealth and SafetyCode and have been classified and registeredas safe and sane by the state fire marshalPerson shall mean any individualperson firm partnershipcorporation association or any other entity Dangerous
Fireworks shall mean all fireworksother than SAS Fireworksand include but are not limitedto thosefireworksdefined in sections12505 and 12561 of the California Ilealth and SafetyCode State
Fireworks Law shall mean section 12500 et sue of the CaliforniaHealth and Safety Code Restrictions
on Sale or DischareExcept
as otherwiseprovided in thissectionit shallbe unlawfulfor any personto storepossess sell offer for sale displaya zdischargeor explodeany DangerousFireworks within the City of LynwoodIt sh Lalso be unlawfulfor any personto dischargeany 2

REGULAR
ar
393
SAS Fireworks in any manner other than in compliance with the instructions of the manufacturer
Exception for Sale and Discharge o ' Safe and Sane
FireworksSAS Fireworksmaybe sold withinthe City only duringthe period beginningat9 00a m on July1 and endingat10 00p m on July 4 Dischargeof SAS Fireworksis permittedwithinthe City only betweenthe hoursof4 00p m and10 00p m on July4 h Permit Requiredfor
Sales Exceptaslerei after providedno personshall offer fur sale or sell fireworksof any kind t t t j z
x frc rnl ii sir zrFtva i a ri P
t in he iwiho t la
i Applicationsfor
PermitsAll applicationsfor a city permitfor retail sale of SAS Fireworks shall a Be madein writing upon the applicationform approvedby the City Manager or his or her designeeand be accompaniedby the permitfee fire clearancefee and cleanupfee establishedpursuantto Section12 2 Such fees are not for the purposesof revenuebut insteadwill be usedto defray administrativecosts such as those associatedwith processingthe applicationand verifyingthe informationprovided
therein b Be submittedto the CityClerk's office between March 1 and March 31 each year When the last day of March falls on a Saturday or Sunday the following business day shall be determined to be the last day for acceptance of applications c Set forth the proposed location of the fireworks stand applied for The stands rilust be on private property ated in C1 or heavier industrial or manufacturing zones and must be located on Imperial Highway Atlantic 1oulevard Long Beach Boulevard Abbott Road or Century Boulevard The written permission of the owner of record or lessee of the real property must accompany the application
d Be accompanied by the following documentation
1 Certificates of public liability and property damage insurance covering the operation of the stand and its premises in the amount of one million dollars $1000000 in the aggregate for the combined single limit bodily injury andor property r'amageincluding products liability certificates designating the city as an additionalinsured thereunder 2 A copyof the applicat'scurrentand valid retailer'slicense fromthe state fire marshal 3 REGULAR
394
3 A current and valid temporary sales permit for the City from the regional office of the State Board of Equalization
4 Proof of nonprofit status for the organization and a current certificate of good standing from the California Secretary of State If the applicant organization is an unincorporated association it shall present the aforementioned documents or comparable information
5 Membership Roster
6 A statement of the purpose for which the applicant is organized r' a %aini'rtet ei 1Ci11' 11wlllC hQeSCrlt e5t OW
aRe wherethe net proceedsfrom the sale of SAS Fireworkshave been and are to be
expended 8 Such other additional informationas may be required Additional requirementsmay be establishedfrom time to timeby a resolution of the City
Council f Includea statementthat the applicant agreesto comply strictly with the termsof any permit grantedto it and to furnishany additional informationas may be reasonablyrequiredby the City Manageror his or her
designee e Includea statementthat the applicant agreesthat all decisionsof the City Manageror his or her designee regardingGrantor denialof a permit are final and not subjectto appeal Noticeof Grantingor Rejectingof
Permit Applicantsfor any such permits shall be notifiedby the CityClerk's office by the end of April of the gaanting cjec ' of such applicationfor a permitA noticeof rejectionof anapt lication shall
be aclcompaniedby statementfro tllr'it
Clerk listing the reasons for said rejection
Prerequisites to Issuance of Permit
Each applicant for a permit issued hereunder must meet the following qualifications a No permit shall be issued to any person except nonprofit associations or non profit corporations organized primarily for civic betterment youth activities sport military or veterans affairs charitable or religious purposes and where the principal focus of said charitable activities is in the City of Lynwood b Each such organization must hae its principal and permanent meeting place in the corporate limits of the city must maintain a bona fide membership of at least ten 10 members and must have been organized and established in the city'scorporate4

REGULAR
395
lirliits for a minirrum of two 2 years continuously preceding the filing of the application for the permit Such organization shall have no history of revocation of aCityissued fireworlcs permitlicense during the last five S years c No organization may receive more than one permit for sale of fireworlcs during one calendar yeas Each pernzit entitled the holder to operate one 1 fireworlcs stand One perxnit may be issued to two 2 or more qualifying applicants as a joint venture The maimum number of permits that may be issued pursuant to this section during any one calendar year shall not exceed fourteen 14
d If the number of qualified permit applicants exceeds Fourteen 14 a public drawing shall be held et on fhe date of the second City Council meeting in the month of May to select the applicants who shall receive permits The names of all qualified ttltf3t iVSlt 1 snlilc 4 rtbii i1SiIs n equal opportunity ofreceiving a permit and the qualified permit applicants themselves will participate in the drawing of names until fourteen 14 have been selected
Operation of Ststnds
a No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise pariicipate in the profits oFthe operation of such stand
b 1To person other than the individuals who are members of the perrnittee organization or the wives or husbands or adult children of such members shall sell or otherwise participate in the sale of fireworlcs at such stand c No person shall be paid any consideration for selling or otherwise participating in the sale of fireworlcs at such stand
d No person urrder the age of eighteen 18 may participate in the selling of fireworks
'SXritis val sale of siS iiework$ as permitted hereunder the person sellingthe fireworks shall hand to each purchaser a fireworlcs information flyer which shall describe the provisions of Section 122 including but not limited to dates nd locations of discharge violationspenalties and safety information Copies of this flyer shall also Se conspicuously posted on the exterior of each fireworlcs stand This information lyer will be prepaxed artnually by the City Manager or his ox her desigiee and shall be distributed to each permittee The pernlittee shall be responsible for copying posting and distributing the information flyer in the manner desc'ribed above
Compliance wvitl City Regulations and State Laws
Every person who is issued a permit to cell SAS 1ireworks shall comply with the k1GUL R
396
provisions of the state fireworks law the rules and regulations of the state fire marshal and the provisions of section 122 of the Lynwood Municipal Code 1n the event of a conflict between the state fireworks law and this Section the provisions of this section shall be enforced Any violation of this section the state fireworks law andor the rules and regulations o the state fire marshal by the permittee its officers agents or employees shall constitute cause to deny any subsequent application for a permit
'Temporary Fireworks Stands
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby 1rhhif ' nn't a rl al' i v t'the
fGivrviitg Jril islU lJ a No fireworks stand shall be locatedwithinfifty feet 50' of any other buildingthreehundredfeet 300' of any gasolinepumptwentyfeet 20' of a curb line nor withinone thousandfeet 1 000' of any other fireworks stand b Fireworksstands need not complywith the provisionsof the building code of the city provided howeverthat all stands shall be erectedunderthe supervisionof the building officialwho shallrequire that standsbe constructedin a manner that will reasonablyensure the safety
of attendantsand patrons c No stand shall havea floorarea in excess of three hundred 300 square feetd Eachstand in excessof twentyfour feet 24' in length must haveat least two 2 exitsand eachstand in excessof forty feet 40' in length must haveat least three 3 exits spaced approximatelyequal distancesapartprovided however that in no case shall the distance betweenexits exceed twenty four feet 24' e Eachstandshall beprovi '4 1 wi Lleast two 2 2' gallonsoda and acid or waterpressure typefire extirgiishers in acod workin Q orderand easily accessible fcr use
in
case of fire v f No more than three 3 fireworks standsshall be situated on any single recorded parcelof landwithin the
City at one time g All weeds and combustiblematerialshall be clearedfrom the location of the standincludinga distanceof at leastthirty feet 30' sun oundingthe stand h No Smoking signs shall be prominently displayedon the fireworks stand and no smoking shall be permittedwithin the stand or withinfifty feet
50' of the stand 6
397
i Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein Sleeping or remaining in the stand after close of business each day is forbidden
j The sale of fireworks shall not begin before nine 9 am 900 am on July 1 and shall not continue after ten pm 1000 pm on July 4
k All unsold stock and accompanying litter shall be removed from the location by five pm 500 pm on July 6
L The fireworks stand shall be removed from the temporary location by twelve o'clocknoon 12 00p mon July 18 and all accompanyinglitter shall be clearedfrom the m State and city licensesto sell SAS Fireworksand temporarysales tax permit shall be displayedin a prominentplace in the fireworksstand Permit Fee The
permit fee for the sellingof SASFireworkswithin the City shall be $ 50000 which must be paid at the time of application In the event a permit is not granted to the applicant the permit fee is nonrefundable The permit fee is subject to change from time to time by resolution of the City Council and shall be published in the City'sFee Scheduleand includedin the SAS Fireworkssale applicationforms Fire Clearance' ee
Afire clearance fee in the amount of $55200 shall be paid at the time of application for a permit to sell SAS Fireworks In the event a permit is not granted to the applicant the fire clearance fee shall be refunded to the applicant The fire clearance fee is subject to change by reseron the City Council and shall be published in the Citv'sFee Scheduleanct includedir the S tS Fires orksgale aprnlrcai3zfours Cleanup Fee A
cleanupfF ein the amountof 550 00shall be paid at the time of applicationfor a permit to se ilSAS FireworksIn the event a permitis not grantedto the applicantthe cleanup fee shall be refundedto the applicantThis tee is refundableupon completionof businessactivity and compliancewith all requirementsunder Section 12 2of thisCode The cleanupfee is subjectto changefrom time to time by resolutionof the City Council and shall be publishedin the City'sFeeScheduleand included in the SASFire orks saleapplication forms Temporary Sales
Tax Permit ZequiredOrganizationsreceiving
a City permitfor the sellingof SAS Fireworksare required 7 398
to obtain a temporary sales tax permit from the regional office of the State Board of Equalization
Permissible Locations for Discharge of Safe and Sane Fireworks The use of SAS Fireworks in the City shall be limited to private property except as otherwise provided in this section No fireworks of any kind shall be discharged exploded ignited projected or otherwise used on public property or in a public street or rightofway except that discharge of SAS Fireworks may be permitted in City parks as the City may designate from time to time
Prohibitions On Discharge
a It shall be unlawful for any person to unite explode project or otherwise fire or use any fireworks or permit the ignition explosion or projection thereof upon or over or onto the property of another without his consent or to ignite explode project or otherwise fire or make use of any fireworks within fifty feet 50' of any residence dwelling or other structure
b It shall be unlawful for any person to ignite explode project or otherwise fire or make use of any fireworks within five hundred 500' feet of any fireworks stand gasoline station construction site school or any other place where combustible materials are stored
c It shall be unlawful for any person to ignite explode project or otherwise fire or make use of any fireworks from the roof of any structure Age Limit for Peirchase
It shall be unlawful fr any person agent or employee engaged in the business of the sale or disposition of SAS Firerks to sell furnish give or cause to be Sold furnished or givn at'aai SA4 Fi worlSto ad1 ' perSOn under tle aae of eighteen 18 years whether or not the person enaaQed in the business has knowledge that the person sold to furnished to or given to is under the age of eighteen 18 years a It shall be unlawfl for any person under the age of eighteen 18 years to purchase any SAS Firewcks
b It shall be unlawful for any person under the aae of eighteen 8 years to discharge any SAS Fireworks within the City boundaries except when under the direct supervision of and in the presence of an adult
c For the purpose of preventin the violation of this subsection any person went or employee engaged in the buness of the sale or disposition of safe and sane fireworks may refuse to sell frnish or give away any safe and sane fireworks to any person who fail to produce adequate written evidence that he or 8 399
she is eighteen 18 years or over Such written evidence may include but is not limited to a motor vehicle operator'slicense Proof that the personor agent or employee engaged in the sale or dispositionof safeand sane fireworks demanded was shown and acted in relianceupon adequateevidence or proof of ageof eighteen18 years or over shall be a defenseto any criminalprosecution under this subsection Violations
Penalties Any
personwho violatesany provisionof Section12 2shall be deemedguilty of a misdemeanor and upon convictionthereof shall be punishableby the penaltiesand orfines as providedfor in Section1 5of the LynwoodMunicipal Code unless a specificSlP ff t At rnttnn' r L 7
i
t ao iiiui iil au Iiivii vlailOn OI aCl
' provisionsof Section12 2 by a SAS Fireworks permitteeshall resultin revocationof the permitand renderthe violating organization ineligiblefor a permitfor five years from the dateof such
violation
y The fine for possessionof Dangerous Fireworksin the CityisX250 00 b The fine for discharging Dangerous Fireworksin the Cityis$500 00 The fine for saleof Dangerous Fireworksin the Cityis81OOO OC Section 3 If any section subsection subdivision paragraph sentenceclauseor phrase of this ordinanceor any part thereofi for any reason held to be invalidor unconstitutional such decisionshall not affectthe validityof the remainingportionsof this ordinanceThe City Council hereby declaresthatit would have passed each section subsection subdivision paragraph sentenceclauseor phraseof this ordinance irrespectiveof the fact that any one or more section subsection subdivision paragraph sentence clauseor phrasebe declared invalidor
unconstitutionalSection 4 This ordinanceshah take efface thirty 30 days afterits final passageby the City
Council Section 5 The City Clerkof the City of Lynwoodis hereby directedto certifyto the passageand adoptionof this Ordinanceand to causeit to be publishedor postedas requiredby law First readat a regular meetingof the City Councilheld on the nth day of Ma 2004 and adoptedand ordered publishedat a regular meetingof said Councilheld on the 18thdayof Jr
2004
f o is
Byrd Cityof
Lynwood 9
400

STATE OF CALIFORNIA
ss

AYES COUNCILMEN PEDROZA RODRIGUEZ SANTILLAN VASQUEZ AND BYRD

NOES NONE

ABSENT NONE
Andrea L Hooper City Clerk

STATE OF CALIFORNIA
ss

COUNTY OF LOS ANGELES
I the undersigned City Clerk o' the City of Lynwood and Clerk of the City Council of said City do hereby certify ghat the above and foregoing is a full true and correct copy of Ordinance No 1548A on file in my office and that said Ordinance was adopted on the date and by the vote therein stated Dated this 18th day o MaY 2004
Andrea L Hooper City Clerk
401
Attest
Andrea L Hooper City Clerk
Approved as to form
Arnoldo Beltran City Attorney
10 402
1 PROFESSIONAL SERVICES AGREEMENT
Resolution No. 2023.127

R E C I T A L S

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:

3. Compensation.

Consultant shall submit invoices addressed to:

City of Lynwood
Recreation and Community Services Department
11301 Bullis Road
Lynwood, California 90262

C. Total payment to Consultant pursuant to this Agreement shall not exceed [two hundred thousand dollars] ($200,000).

5. Addresses.

City of Lynwood

City of Lynwood
11330 Bullis Road
368404
3 Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager

Company

Professional Security Consultants
11454 San Vicente Boulevard
Los Angeles, CA 90049
Attn: Mayura Rao, Senior Vice President

6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.

SIGNATURES ON FOLLOWING PAGE

369405
4 I
N WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.

CI
TY
C

ITY OF LYNWOOD
B
y: ______________________________ ______________________ Ernie Hernandez, City Manager Date
CO

NSULTANT
PR

OFESSIONAL SECURITY CONSULTANTS
B
y: _______________________________ ________________________ Mayura Rao, Senior Vice President Date
AT
TEST:

B
y: ______________________________ ________________________ Maria Quinonez, City Clerk Date
AP
PROVED AS TO FORM:

B
y: ______________________________ ________________________ Noel Tapia, City Attorney Date
10/27/23
370406
1 EXHIBIT A

SCOPE OF WORK

371407
1 EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

2. Standard of Performance

3. Indemnification.

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.

5. Release of Information/Confidentiality.

6. Ownership of Work Product.

7. Conflict of Interest.

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.

10. Non-Discrimination and Equal Employment Opportunity.

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.

Exhibit C
380416
10 FEES FOR SECURITY SERVICES

October 25, 2023 – April 25, 2024

GUARD TYPE RATE
Unarmed $29.96 (Straight Time)
Armed $34.14 (Overtime)
Unarmed $44.94 (Straight Time)
Armed $51.22 (Overtime)

Attachment 1
381417
11 (1) Name, address, and telephone number of the entity and the security guard COMPANY through whom the labor or services are to be provided.

City Company
City of Lynwood Professional Security Consultants
11330 Bullis Road Address:

Lynwood, CA 90262
(310) 603-0220, Ext. 319 Telephone:

Email:

(2) The employer identification number for state tax purposes of the security guard COMPANY.

(3) The workers' compensation insurance policy number and the name, address, and telephone number of the insurance carrier of the security guard COMPANY.

(5) The address of any real property to be used to house workers in connection with the Agreement.

382418

Lynwood City CouncilApril 16, 2024

Lynwood City Council
April 16, 2024