AGENDA
REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY
WEDNESDAY, APRIL 24, 2024 AT 5:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
CALL TO ORDER
ROLL CALL
II. CITY OFFICIALS
MAYOR
Eddie De La Riva
MAYOR PRO TEM
Mayra Aguiluz
COUNCIL MEMBERS
Jessica Torres
Frank Garcia
Heber Marquez
CITY CLERK
Brian E. Juarez
CITY TREASURER
Mary Mariscal
CITY MANAGER
Jennifer E. Vasquez
CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
THIS MEETING WILL BE HELD IN PERSON.
THE MEETING WILL BE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/84808827124 AND VIA THE CITY'S FACEBOOK PAGE.
Public Participation Options:
1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA
2. Before the Meeting: Public comment will be accepted for the record in advance by 4:00 p.m. the day of the meeting by email to
[email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (323) 562- 5714 within 72 hours of the meeting.
IV. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 5901 ATLANTIC BOULEVARD, MAYWOOD (APN 6313-013-030); AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER, STEVE FOWLER,
DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: J&MGC, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY.; UNDER NEGOTIATION: PRICE AND
TERMS OF PAYMENT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 4501 SLAUSON AVENUE, MAYWOOD (APN 6313-010-001 AND 6313-010-002).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER, STEVE
FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY:
EL POLLO LOCO INC., A DELAWARE CORPORATION.; UNDER NEGOTIATION: PRICE
AND TERMS OF PAYMENT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 4457 AND 4487 SLAUSON AVENUE, MAYWOOD (APNS 6313-015- 033 AND 6313-015-030).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY
MANAGER, STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: MAYWOOD VILLAGE CENTER LLC, A DELAWARE LIMITED LIABILITY COMPANY.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 5900 AND 5906 ATLANTIC BOULEVARD, MAYWOOD (APNS 6313- 011-036 AND 6313-011-028).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY
MANAGER, STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: TONY Y. KIM, JOUNG-SUN KIM, YONG-TAI KIM AND SOON-AI KIM.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the
instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.
VII. PUBLIC HEARING
1. A PUBLIC HEARING TO CONSIDER A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF BEER AND WINE FOR OFFSITE CONSUMPTION A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE AT DOS CARNALES MARKET AT 5300 MAYWOOD AVENUE CEQA EXEMPT PURSUANT TO SECTION 15061(b)(3)
VIII. PRESENTATIONS
CITY OF MAYWOOD RECOGNIZES SENIOR ACCOUNTANT, RAUL HERRERA, ON HIS 10-
YEAR EMPLOYMENT ANNIVERSARY
RECOGNITION OF STUDENTS AND VOLUNTEERS FROM NIMITZ MIDDLE SCHOOL FOR
THEIR PARTICIPATION IN RUNNING THE LA MARATHON AND STEM COMPETITIONS
CITY OF MAYWOOD PROCLAIMS MAY AS MENTAL HEALTH MATTERS MONTH CITY OF MAYWOOD PROCLAIMS MAY 6, 2024, AS ADULT SCHOOL STUDENT
RECOGNITION DAY
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT: CITY UPDATE
IX. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.
2. MINUTES OF THE MARCH 27, 2024, REGULAR CITY COUNCIL MEETING
3. REVENUE REPORT MARCH 2024
4. MONTHLY CASH AND INVESTMENT TO THE CITY COUNCIL MARCH 2024
5. CONSIDERATION OF APPROVAL RESOLUTION NO. 6345 OF THE CITY
COUNCIL OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD
COMMUNITY DEVELOPMENT AGENCY APPROVING THE WARRANTS FOR
PAYMENT
6. CONSIDERATION OF APPROVAL OF THE IMPLEMENTATION AGREEMENT FOR
SLAUSON AVENUE COMPLETE STREET STUDY WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG), FOR A TOTAL AMOUNT NOT-TOEXCEED $7,389.14
7. CONSIDERATION OF APPROVAL RESOLUTION NO. 6346 AFFIRMING
SUPPORT FOR THE CONGRESSIONAL AND WORLDWIDE CALLS OR AN
IMMEDIATE CEASEFIRE IN GAZA
8. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT BETWEEN THE
CITY OF MAYWOOD AND THE BALDWIN PARK UNIFIED SCHOOL DISTRICT
FOR THE USE OF A CLASSROOM SPACE IN THE MAYWOOD PARK
MULTIPURPOSE BUILDING LOCATED AT 4801 E. 58TH STREET
9. CONSIDERATION OF REJECTION OF PROPOSALS AND AUTHORIZATION TO
READVERTISE THE REQUEST FOR PROPOSALS (RFP) FOR THE MAYWOOD
ADA SELF EVALUATION AND TRANSITION PLAN
10. CONSIDERATION OF APPROVAL OF AMENDMENT NO. 2 TO MEASURE R
FUNDING AGREEMENT BETWEEN CITY OF MAYWOOD AND THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR
RIGHT OF WAY ACQUISITION AND CONSTRUCTION PHASE FOR SLAUSON
AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS, PROJECT IN THE AMOUNT OF $7,418,150
11. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO S & H CIVIL WORKS FOR SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG) IN AN AMOUNT OF NOT-TO-EXCEED $81,715 AND APPROVE THE PLANS AND
SPECIFICATIONS FOR THE PROJECT
12. CONSIDERATION OF APPROVAL OF RESOLUTION NO. 6347 URGING PRIME
HEALTHCARE TO REINSTATE EMPLOYMENT OF THE NINE HEALTHCARE WORKERS AT ST. FRANCIS MEDICAL CENTER
13. CONSIDERATION OF AWARDING A COOPERATIVE PURCHASING AGREEMENT TO PLAYCORE WISCONSIN, INC. DBA GAMETIME FOR THE PURCHASE AND
INSTALLATION OF NEW PLAYGROUND EQUIPMENT AT MAYWOOD PARK IN AN AMOUNT OF $275,764.60
14. REVIEW OF THE CITY OF MAYWOOD'S 2023 (CALENDAR YEAR) HOUSING
ELEMENT ANNUAL PROGRESS REPORT
15. CONSIDERATION OF APPROVAL OF AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR A TOTAL AMOUNT NOT-TO-EXCEED $109,795 FOR
CONSTRUCTION ENGINEERING SUPPORT FOR SLAUSON AVENUE AND
ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT
16. REINTRODUCTION AND WAIVER OF FULL READING OF ORDINANCE NO. 24- 02 AN ORDINANCE OF THE CITY OF MAYWOOD ADDING SUBSECTION 4070.120 TO CHAPTER 4070 OF THE MAYWOOD ZONING ORDINANCE TO
ESTABLISH CRITERIA FOR ACCESSORY DWELLING UNITS
X. DISCUSSION/ACTION ITEMS
17. CONSIDERATION OF APPROVAL OF MUNICIPAL SERVICES AGREEMENT WITH
THE COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND
CONTROL (DACC) FOR ANIMAL CARE AND CONTROL SERVICES FOR FISCAL YEARS 2024-2029
18. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL
LICENSE FOR MAYWOOD GREEN SOLUTION, LLC DBA HAVEN
19. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL
LICENSE FOR FIREHOUSE HEALTHCARE INDUSTRIES, INCORPORATED DBA FIREHOUSE 365
20. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS
MICROBUSINESS LICENSE FOR MAYWOOD L'CHAIM DBA COOKIES
21. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS
MICROBUSINESS LICENSE FOR SINSEMILLA INDO GROUP, INCORPORATED
DBA OG NATION
XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.
XII. ADJOURNMENT - The meeting of the Maywood City Council is adjourned to Wednesday, May 8, 2024, at 4:00 p.m. in the City Council Chambers.
PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, City Clerk or Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E.
Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270.
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562-5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 1.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: A PUBLIC HEARING TO CONSIDER A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE SALE OF BEER AND WINE FOR OFFSITE CONSUMPTION A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE AT DOS CARNALES MARKET AT 5300 MAYWOOD AVENUE CEQA EXEMPT
PURSUANT TO SECTION 15061(b)(3)
RECOMMENDATION:
Staff recommends issuance of a Public Convenience and Necessity (PCN) letter requesting and granting of an Alcoholic Beverage Control (ABC) Type 20 Off-Sale Beer and Wine license to Dos Carnales Market at 5300 Maywood Ave.
BACKGROUND:
The Applicant, Martin Duran, is requesting to be allowed to sell beer and wine with a Type 20 Alcoholic Beverage Control License at an existing market located at 5300 Maywood Avenue. The overall property includes three (3) single family dwelling units and the market on the corner of Maywood Avenue and 53rd Street. The zoning for the property is Residential (R-3). The City has records of a neighborhood market dating back to 2003. The Department of Alcoholic Beverage Control (ABC) has records of a Type 20, Off-Site sale of Beer and Wine license, dating back to 1992. The market has been an established neighborhood market for over twenty years. The market provides a valuable neighborhood asset that allows residents access to groceries and household items.
The applicant purchased the property in May 2023 without the ABC license that was previously issued to the location by ABC. The city records do not indicate that a Conditional Use permit was issued for the off-site sale of beer and wine. This, with the fact that the retail store is located in a residential neighborhood, creates a nonconforming situation. The location was not closed during the purchase of the market. In order to continue to sell beer and wine, which made up approximately 20 percent of the market's overall sales, the new owner had to obtain a new license. The applicant obtained another ABC Type 20 license in September 2023, keeping the non-conforming status viable, but since it was over 90 days since the previous license was withdrawn from the location by the previous owner, ABC required a PCN to be considered by the city to continue the sale of beer and wine at the location.
As part of the PCN application, the applicant provided a justification letter and an overview of the project. The applicant notes that the project will offer more convenient access to beer and wine to bring back the previous use, making it more convenient and efficient for the customers. It is also indicated that, as part of the business plan, all employees will be put through extensive training with ABC to ensure that it is a responsible retailer of alcoholic beverages. They will also provide a scanner for all alcohol, tobacco products and age-restricted
products to ensure sales are done responsibly.
DISCUSSION:
During the application process with the ABC, it was discovered that the area was under a license moratorium.
The market is located within Census Tract 5333.00, and the Department of Alcoholic Beverage Control has determined that the area is deemed as an area with "undue concentration". This means that the number of license for the sale of alcoholic beverages exceeds the amount that is permitted by ABC in that particular census tract. ABC requires the City to issue a finding of public convenience or necessity to grant the license to the market. The census tract is allowed one license from ABC and with the previous license that was issued to the location two licenses had existed. This request again represents a second license that ABC will continue to allow to be located in this census tract if the city finds a PCN to maintain the previous number of licenses.
State provisions permit local jurisdictions to make findings of public convenience or necessity in order to justify the license.
In order to grant an ABC license in an area that has an undue concentration, a jurisdiction must find that a public convenience or necessity would be filled by the alcoholic beverage license. After careful review and consideration, staff has determined that the following factors merit the issuance of an ABC license for the subject market.
1. The license is a continuation of use for the market. There is no additional license granted to the census tract.
2. Failure to obtain the beer and wine license would place the subject business at a competitive disadvantage in that all other similar businesses in the vicinity have the advantage of selling beer and wine to their customers.
3. The proposed license would make it more efficient and convenient for customers in the area to obtain several items in one convenient location.
4. Although the number of licenses within the census tract is greater than the number allowed by ABC, there will be no increase to the number of issued licenses.
5. In accordance to Los Angeles County Sheriff's Department, there have been no calls of service to the location. There is no extraordinary history of police or crime-related problems in the area proposed for the license that would relate to the alcohol concentrations in the vicinity.
6. There is community benefit from the business and its services such as the market offers a variety of meat selections, produce and other personal goods that lessen the need for residents to travel.
Based on the above analysis, staff recommends that the City Council make a finding of Public Convenience or
Necessity (PCN) and direct Staff to issue a PCN letter to the State Department of Alcoholic Deverage Control (ABC) for Dos Carnales Market located at 5300 Maywood Avenue.
Staff has reviewed the request to determine the required level of review under the California Environmental Quality Act (CEQA). The proposed project is exempt from CEQA under state CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Granting this PCN will expand the services at the existing store and will allow the store to provide the same services as the previous owner. Granting this PCN will not bring any physical change to the environment and will not have any potential for causing a significant effect on the environment.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no significant fiscal impact to the general fund.
ATTACHMENT(S)
1. Final PCN Letter to ABC (Dos Carnales)
City of Maywood
4319 East Slauson Avenue • Maywood, California 90270 Tel: (323) 562-5700 • Fax (323) 773-2806
April 25, 2024
Department of Alcohol Beverage Control
Attn: Erika Ramirez, Licensing Representative
Monrovia District Office
222 E. Huntington Drive. Suite 114
Monrovia CA, 91016
SUBJECT: Finding of Public Convenience or Necessity (PCN) Type 20 Off-Sale Beer and Wine Alcohol Beverage Control License Dos Carnales – 5300 Maywood Avenue, Maywood, CA
Applicant & Business Owner – Martin Duran
Dear Ms. Ramirez:
On April 24, 2024, the City of Maywood City Council made a PCN finding for the retail market located at 5300 Maywood Avenue and thereby allowing the continuation of an Alcohol Beverage Control (ABC) Type 20 Off-sale Beer and Wine license. Please accept this letter as the City’s consent to issue the requested Type 20 ABC license at the subject location.
The City finds that a public convenience exists for the subject business due to the following:
1. The license is a continuation of use for the market. There is no additional license granted to the census tract.
2. Failure to obtain the beer and wine license would place the subject business at a competitive disadvantage in that all other similar businesses in the vicinity have the advantage of selling beer and wine to their customers.
3. The proposed license would make it more efficient and convenient for customers in the area to obtain several items in one convenient location.
4. Although the number of licenses within the census tract is greater than the number allowed by ABC, there will be no increase to the number of issued licenses.
5. In accordance to Los Angeles County Sheriff's Department, there have been no calls of service to the location. There is no extraordinary history of police or crime-related problems in the area proposed for the license that would relate to the alcohol concentrations in the vicinity.
6. There is community benefit from the business and its services such as the market offers a variety of meat selections, produce and other personal goods that lessen the need for residents to travel.
Base on the listed justifications, City Council found that the proposed use would not result in an undue proliferation of alcohol relate uses in the area.
If you should need further assistance, please feel free to contact me at (323) 562-5723, or via email at [email protected].
Sincerely,
Calvin Ko
Assistant Planner
c: Sherrie Olson , Project Manager
Martin Duran, Dos Carnales Market
MEETING MINUTES
REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY
WEDNESDAY, MARCH 27, 2024 AT 5:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Meeting was called to order at approximately 5:33 p.m.
II. CITY OFFICIALS
MAYOR
Eddie De La Riva (present)
MAYOR PRO TEM
Mayra Aguiluz (present)
COUNCIL MEMBERS
Jessica Torres (present)
Frank Garcia (present)
Heber Marquez (excused absence)
CITY CLERK
Brian E. Juarez (excused absence)
CITY TREASURER
Mary Mariscal (remote)
CITY MANAGER
Jennifer E. Vasquez (present)
CITY ATTORNEY
Roxanne Diaz (present)
III. MEETING PROCEDURES
THIS MEETING WILL BE HELD IN PERSON.
THE MEETING WILL BE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/86440414374 AND VIA THE CITY'S FACEBOOK PAGE.
Public Participation Options:
1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA
2. Before the Meeting: Public comment will be accepted for the record in advance by 4:00 p.m. the day of the meeting by email to
[email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (323) 562- 5714 within 72 hours of the meeting.
IV. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2): NUMBER OF POTENTIAL CASES: 1
CITY ATTORNEY, ROXANNE DIAZ, ANNOUNCED THAT COUNCIL MEMBER GARCIA WOULD RECUSE HIMSELF FROM THE CLOSED SESSION ITEM BECAUSE HE LIVES WITHIN 500 FEET OF
THE PROPERTY BEING DISCUSSED AND UNDER THE FPPC REGULATIONS HAS A PROPERTY CONFLICT OF INTEREST AND CANNOT PARTICIPATE IN THE ITEM. THEREAFTER, THE CITY COUNCIL ADJOURNED INTO CLOSED SESSION. SUBSEQUENTLY, THE CITY COUNCIL RETURNED
FROM CLOSED SESSION AND THE CITY ATTORNEY STATED THERE WAS NO REPORTABLE ACTION.
CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION, GOVERNMENT CODE SECTION 54956.9(D)(1),
COMMERCIAL WASTE SERVICES, INC. V. CITY OF MAYWOOD, LOS ANGELES SUPERIOR COURT CASE NO. 21STCV21097
THE CITY COUNCIL RETURNED FROM CLOSED SESSION AND THE CITY ATTORNEY ANNOUNCED THAT THERE WAS NO REPORTABLE ACTION.
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
City Council provided their comments.
VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following people provided public comments:
1. David Perez
VII. PRESENTATIONS
LOS ANGELES SHERIFF'S DEPARTMENT: CITY UPDATE
Deputy SantaCruz provided an update.
VIII. CONSENT CALENDAR - Motion to approve items 1 – 8 and 10-13 by Council Member Garcia, and second by Mayor Pro Tem Aguiluz. AYES: De La Riva, Aguiluz, Garcia.
Motion passed 4-0. Council Member Torres abstained from voting on Item #9 due to living within close proximity of the project. Item #9 was passed 3-0.
1. MINUTES OF THE FEBRUARY 28, 2024, REGULAR CITY COUNCIL MEETING
2. MINUTES OF THE FEBRUARY 28, 2024, SPECIAL CITY COUNCIL MEETING
3. REVENUE REPORT FOR FEBRUARY 2024
4. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR FEBRUARY 2024
5. CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 6341 OF THE CITY COUNCIL OF
MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY DEVELOPMENT
AGENCY APPROVING THE WARRANTS FOR PAYMENT
6. CONSIDERATION OF ADOPTING RESOLUTION NO. 6342 ADOPTING A MITIGATED
NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR SLAUSON AVENUE
AND ATLANTIC BOULEVARD CONGESTION RELIEF PROJECT
7. REVIEW AND APPROVAL OF THE SCOPE OF SERVICES INCLUDED IN THE REQUEST FOR
PROPOSALS (RFP) TO DEVELOP A LOCAL HAZARD MITIGATION PLAN (LHMP)
8. CONSIDERATION OF ACCEPTANCE OF THE WORK FOR THE CITYWIDE CURB
NUMBERING PROJECT
9. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO UNLIMITED ENVIRONMENTAL, INC. FOR BUILDING DEMOLITION LOCATED AT 5110 DISTRICT
BOULEVARD AND ALLOCATE SUCCESSOR AGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $229,600 FOR DEMOLITION, CONSTRUCTION MANAGEMENT, INSPECTION,
AND HAZ-MAT REMOVAL OBSERVATION
10. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO SAINT ROSE OF LIMA CHURCH - ARCHDIOCESES OF LOS ANGELES, LOCATED AT 4422 EAST 60TH STREET FOR AN ANNUAL FUNDRAISER AND APPROVE THE PROPOSED
CONDITIONS OF APPROVAL AS RECOMMENDED IN THE REPORT
11. CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 6343 AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION FOR LOCAL ASSISTANCE SPECIFIED GRANT
FUNDS FROM THE STATE DEPARTMENT OF PARKS AND RECREATION AND
AUTHORIZATION TO EXECUTE GRANT DOCUMENTS
12. CONSIDERATION FOR APPROVAL A PROFESSIONAL SERVICES AGREEMENT FOR
DRONE SHOW AT THE CENTENNIAL CELEBRATION WITH SKY ELEMENTS, IN A TOTAL CONTRACT AMOUNT OF $27,500
13. CONSIDERATION OF REJECTION OF BIDS AND AUTHORIZATION TO READVERTISE FOR BIDS FOR THE CITY HALL WINDOW REPLACEMENT PROJECT, PROJECT NO: 6106 IX. DISCUSSION/ACTION ITEMS
14. FISCAL YEAR 2023-2024 MID-YEAR REPORT AND CONSIDERATION FOR THE APPROVAL OF RESOLUTION NO. 6344 TO AMEND 2023-2024 BUDGET Presentation provided by Finance Director Rimo Hanson and City Manager Jennifer Vasquez. Comments and questions were provided by City Council.
Motion to approve item 14 by Council Member Garcia, and second by Mayor Pro Tem Aguiluz. AYES: De La Riva, Torres, Aguiluz, Garcia. Motion passed 4--0
15. CONSIDERATION OF APPROPRIATING $8,000 FROM THE LOCAL FISCAL RECOVERY FUND FOR THE "TASTE OF MAYWOOD" EVENT; ALLOWNG LOCAL BUSINESSES TO
SHOWCASE THEIR MENU, BRING AWARENESS TO THEIR RESTAURANTS AND TO
CONTINUE STIMULATING THE LOCAL ECONOMY
Presentation provided by City Manager Jennifer Vasquez. Comments and questions were provided by City Council.
Motion to approve item 15 by Mayor De La Riva, and second by Mayor Pro Tem Aguiluz. AYES: De La Riva, Torres, Aguiluz, Garcia. Motion passed 4-0.
16. FIRST READING OF ORDINANCE NO. 24-03 ADOPTING BY REFERENCE THE 2022
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), EXCEPT FOR THE FIRE CODE AS THE CITY OF MAYWOOD
ADOPTS THE LOS ANGELES COUNTY FIRE CODE, AND MAKING AMENDMENTS THERETO; ADOPTION OF THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDING CHAPTER 8-01, 8-03, 8-06, 8-09, 8-12, 8-13, 8-18, 8-19, AND 8- 21, OF THE MAYWOOD MUNICIPAL CODE; AND FINDING THE ACTION EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE COMMON SENSE EXEMPTION OF CEQA GUIDELINES SECTION 15061(b)(3) Item was pulled by City Manager Jennifer Vasquez and moved to a future meeting.
X. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following people provided public comments:
1. David Perez
2. Harry Hernandez
3. Martin Sanchez
4. Jose Espinoza
XI. ADJOURNMENT - The meeting was adjourned at approximately 6:45 p.m. The next Regular Meeting of the Maywood City Council is scheduled for Wednesday, April 24, 2024, at 5:30 p.m. in the Council Chambers.
Attest: Approved By:
______________________________ __________________________ Brian E. Juarez, City Clerk Eddie De La Riva, Mayor
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 3.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RIMO HANSON, FINANCE DIRECTOR
BY: RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: REVENUE REPORT MARCH 2024
RECOMMENDATION:
Staff recommends that the City Council receive and file the Revenue Report from July 2023 - March 2024.
BACKGROUND:
In an effort to maintain transparency, the City’s Finance Department prepares a monthly Revenue Report for the City Council’s review.
DISCUSSION:
The total revenue received from July 2023 - March 2024 totaled $11,391,826.80, which is lower than the same period last year. This is primarily due to the fact that the City received its second one-time installment in the amount of $3,226,257 from the American Rescue Plan Act of 2021 (ARPA) in July 2022.
In addition, we have encountered a drop in the issuance of building and public works permits. This also accounted for a lower amount of funds recorded for the months of July 2023 through March 2024.
The attached analysis compares prior YTD and current YTD Revenue.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact with this action.
ATTACHMENT(S)
1. July 2023 - March 2024 - City of Maywood FY 2023-2024
FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2023-24
F - % of FY 2023-2024
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
GENERAL FUND TAXES: A tax is a compulsory monetary contribution to the City’s revenue, assessed and imposed by the City on the activities, Taxes: expenditure, income, occupation, privilege, property, etc., of individuals and organizations.
Franchise & Collectors Fee $196,283.80 $204,272.20 $7,988.40 4.07% $555,000.00 36.81% Property Taxes $389,868.82 $372,881.92 ($16,986.90) -4.36% $720,000.00 51.79% 4211 - Utility Users Tax $937,499.74 $975,563.85 $38,064.11 4.06% $1,200,000.00 81.30% 4206 - Real Estate Transfer Tax $14,439.45 $9,979.77 ($4,459.68) -30.89% $28,000.00 35.64% 4202 - Hotel / Motel Room Transient
Occupancy Tax (TOT) $55,503.77 $56,260.66 $756.89 1.36% $77,250.00 72.83% 4212 - Cannabis Sales Tax $1,163,985.19 $506,956.97 ($657,028.22) -56.45% $1,750,000.00 28.97% 4201 - Sales and Use Tax Revenue $1,446,123.42 $1,445,684.61 ($438.81) -0.03% $2,400,000.00 60.24% Taxes Totals $4,203,704.19 $3,571,599.98 ($632,104.21) -15.04% $6,730,250.00 53.07% GENERAL FUND FEES: A fee is a charge imposed on an individual for a service that the person chooses to receive. A fee may not exceed the estimated reasonable cost of providing the particular service or product for which the fee is charged, plus overhead. Fees are charged for specific services, and fee revenue may fund only those services and related expenses. LICENSES Licenses & Permits: and PERMITS are types of fees allowing for the operation within the City. 4301 - Compliance Program Fee $45,000.00 $45,000.00 $0.00 0.00% $45,000.00 100.00% Residential & Building Permits $13,885.70 $9,450.10 ($4,435.60) -31.94% $21,500.00 43.95% 4305 - Public Works Permit Fees $170,235.00 $82,605.50 ($87,629.50) -51.48% $190,000.00 43.48% Other Fees & Permits $12,587.68 $20,272.84 $7,685.16 61.05% $18,000.00 112.63% 4320 - Occupancy Permits $3,642.30 $2,389.60 ($1,252.70) -34.39% $6,000.00 39.83% 4313 - Building Permits $65,802.86 $34,827.68 ($30,975.18) -47.07% $80,000.00 43.53% 4307 - Commercial Cannabis Renewal Fees $44,550.00 $59,400.00 $14,850.00 33.33% $74,250.00 80.00% 4322 - Parking Permits $50,357.00 $55,600.00 $5,243.00 10.41% $60,000.00 92.67% 4311 - Apartment License $12,369.37 $15,670.46 $3,301.09 26.69% $16,000.00 97.94% 4205 - Business License Tax $183,133.19 $203,192.87 $20,059.68 10.95% $220,000.00 92.36% 4110 - Vehicle License Fees Excess $25,763.76 $31,047.06 $5,283.30 20.51% $0.00 0.00% 4107 - Motor Vehicle License Fee (VLF) in lieu
Property Tax Payment $1,681,555.00 $1,770,019.00 $88,464.00 5.26% $3,464,000.00 51.10% Licenses and Permits Totals $2,308,881.86 $2,329,475.11 $20,593.25 0.89% $4,194,750.00 55.53%
GENERAL FUND CHARGES FOR SERVICES: Charges to cover administrative costs for the provision of services. Charges for Services:
4701 - Waste Management Assessment $368.22 $0.00 ($368.22) 0.00% $0.00 0.00% 4704 - Plan Check Fees $42,739.71 $59,383.98 $16,644.27 38.94% $50,000.00 118.77% 4702 - Rents & Concessions $17,860.50 $19,845.00 $1,984.50 11.11% $23,814.00 83.33% Charges for Services Totals $60,968.43 $79,228.98 $18,260.55 29.95% $73,814.00 107.34% GENERAL FUND FINES AND FORFEITURES: Penalties imposed by the City in the form of money or goods for a violation of an ordinance, law, regulation Fines and Forfeitures: or rule.
4401 - Penalties: Apt & Bus License $5,387.01 $8,231.95 $2,844.94 52.81% $5,700.00 144.42% 4404 - Southeast Municipal Court (SEMC) -
Court Collections $116,444.34 $170,205.12 $53,760.78 46.17% $180,000.00 94.56% 4403 - Citations: Administrative $4,600.00 $2,700.00 ($1,900.00) -41.30% $6,000.00 45.00% 4402 - Citations: Parking $220,765.01 $260,005.51 $39,240.50 17.77% $412,000.00 63.11% Fines and Forfeitures Totals $347,196.36 $441,142.58 $93,946.22 27.06% $603,700.00 73.07% GENERAL FUND LEASES AND CONCESSIONS: A rent or lease or payment for the use of a the City's property. Leases and Concessions:
4501 - Leased Property Rental Income $38,926.76 $41,837.64 $2,910.88 7.48% $59,005.00 70.91% Leases and Concessions Totals $38,926.76 $41,837.64 $2,910.88 7.48% $59,005.00 70.91% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:
4817 - Good Corporate Citizen Program $20,000.00 $20,000.00 $0.00 0.00% $20,000.00 100.00% 4803 - Interest Income $94,327.48 $298,469.03 $204,141.55 216.42% $93,000.00 320.93% 4809 - Miscellaneous Revenue $49,028.24 $43,068.61 ($5,959.63) -12.16% $48,000.00 89.73% 4804 -Other (Recycle + ABx1 Reimbursement) $0.00 $0.00 $0.00 0.00% $7,000.00 0.00% Miscellaneous Revenue Totals $163,355.72 $361,537.64 $198,181.92 121.32% $168,000.00 215.20% GENERAL FUND RETIREE PENSION LEVY: An amount of revenue from the property tax levy approved by the voters for the purpose of paying the cost to Retiree Pension Levy: the City of the Public Employees Retirement System (PERS). 4830 - Retiree Pension Levy $596,512.18 $609,999.02 $13,486.84 2.26% $1,300,000.00 46.92% Retiree Pension Levy Totals $596,512.18 $609,999.02 $13,486.84 2.26% $1,300,000.00 46.92% General Fund Revenue Totals $7,719,545.50 $7,434,820.95 ($284,724.55) -3.69% $13,129,519.00 56.63% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2023-24
F - % of FY 2023-2024
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
SPECIAL REVENUE FUND SPECIAL REVENUE FUND: Collections of revenues in special funds that must be used for the established purposes of the funds to provide an extra level of accountability and transparency. 212 - Gas Tax - 2103, 2105, 2107, 2106,
2107.5 Fund $443,203.52 $463,998.31 $20,794.79 4.69% $620,323.00 74.80% 214 - Transportation Development Act (TDA)
Bikeway $0.00 $0.00 $0.00 0.00% $29,037.00 0.00%
221 - Proposition A Transit Fund $559,029.32 $503,072.08 ($55,957.24) -10.01% $717,151.00 70.15% 222 - Proposition C Transit Fund $467,206.53 $420,487.07 ($46,719.46) -10.00% $594,858.00 70.69% 224 - Measure R Transit Fund $347,656.55 $278,650.06 ($69,006.49) -19.85% $446,144.00 62.46% 225 - Measure M Transit Fund $393,307.95 $314,315.63 ($78,992.32) -20.08% $505,629.00 62.16% 227 - LACMTA Fund $274,678.00 ($274,678.00) 0.00% $0.00 0.00% 216 - SB-1 Road Maintenance Rehabilitation
Act Fund $323,081.62 $367,319.40 $44,237.78 13.69% $535,751.00 68.56% 243 - Community Development Block Grant
(CDBG) $221,585.00 $273,954.00 $52,369.00 23.63% $356,826.00 76.78% 223 - Air Quality Management District (AQMD)
Fund $16,008.81 $16,234.02 $225.21 1.41% $34,700.00 46.78% 232 - Supplemental Law Enforcement Services
Fund (SLESF) Grant $165,271.25 $100,000.00 ($65,271.25) -39.49% $159,900.00 62.54% 251 - Street Lighting Fund $101,355.36 $101,924.71 $569.35 0.56% $174,520.00 58.40% 611 - Redevelopment "Successor" Agency
Fund $299,207.00 $286,875.00 ($12,332.00) -4.12% $0.00 0.00% 412 - Sewer Enterprise Fund $168,698.18 $216,904.12 $48,205.94 28.58% $298,633.00 72.63% 261 - Federal / State / County Grants $74,775.69 $438,543.88 $363,768.19 486.48% $0.00 0.00% 273 - Local Fiscal Recovery Fund $3,226,257.00 $0.00 ($3,226,257.00) 0.00% $0.00 0.00% 280 - Measure W Safe Clean Water Program
Fund $177,031.59 $174,727.57 ($2,304.02) -1.30% $177,031.00 98.70% Special Revenue Totals $7,258,353.37 $3,957,005.85 ($3,301,347.52) -45.48% $4,650,503.00 85.09% Total Revenues $14,977,898.87 $11,391,826.80 ($3,586,072.07) -23.94% $17,780,022.00 64.07% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2023-24
F - % of FY 2023-2024
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 4.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RIMO HANSON, FINANCE DIRECTOR
BY: RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: MONTHLY CASH AND INVESTMENT TO THE CITY COUNCIL MARCH 2024 RECOMMENDATION:
Staff recommends that the City Council receive and file the attached cash and investment report for March 2024.
BACKGROUND:
In accordance with the City of Maywood’s Adopted Investment Policy (Resolution No. 6132 dated 08/12/2020) and to provide information to the City Council, the City’s Finance Department prepares a Monthly Cash and Investment Report for the City Council’s review. The report will show the City’s cash position at the month's end as well as investments.
DISCUSSION:
The cash and investment balances are across all funds of the City and include restricted, unrestricted, and budgeted amounts. These balances do not represent the available balance for spending as most are either restricted or have already been appropriated for in the City budget. The purpose of this report is to show the cash and investment balances as reported on a date only and does not represent the City’s available fund balance. The investment program provides sufficient liquidity to meet six months of estimated expenditures. All investments are in compliance with California state code 503600 and the City of Maywood Investment Policy.
The City maintains cash in a General Account, investments in the Local Agency Investment Fund (LAIF), investments in the California Employers' Retiree Benefit Trust (CERBT) a Section 115 trust fund dedicated to prefunding other Post-Employment Benefits (OPEB), and investments in the California Employers' Pension Prefunding Trust (CEPPT). The attached report shows the cash and investments as of March 31, 2024.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact involved with approving this report.
ATTACHMENT(S)
1. March 2024 Cash and Investment Report
Description Type Ending Balance as
of 3/31/2024
A - Non-Investment Cash Accounts
A1 - US Bank - March 2024 Cash $2,775,624.24
A2 - Total Cash Accounts $2,775,624.24
B - Investment Accounts
B1 - Local Agency Investment Fund (LAIF)
Pooled Money
Investment Account
(PMIA)
$15,466,510.62
B2 - California Public Employees' Retirement System (CalPERS) California Employers' Retiree Benefit Trust (CERBT) Calculated Report Results as of March 31, 2024
Title 26 - U.S.C. 115 -
Income of States,
Municipalities, etc.,
Trusts
$1,049,255.31
B3 - California Public Employees' Retirement System (CalPERS) California Employers' Pension Prefunding Trust (CEPPT) Calculated Report Results as of March 31, 2024
Title 26 - U.S.C. 115 -
Income of States,
Municipalities, etc.,
Trusts
$986,463.11
B4 - Total Investment Accounts $17,502,229.04
C - Total Cash and Investments $20,277,853.28
City of Maywood, California
Cash and Investments Report
As of March 31, 2024
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 5.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RIMO HANSON, FINANCE DIRECTOR
BY: LUZ MARIA, ACCOUNTING SPECIALIST
SUBJECT: CONSIDERATION OF APPROVAL RESOLUTION NO. 6345 OF THE CITY COUNCIL
OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
DEVELOPMENT AGENCY APPROVING THE WARRANTS FOR PAYMENT
RECOMMENDATION:
Staff recommends that the City Council receive, approve and file the warrant and ACH registers and wire transfers dated 03/26/2024 through 04/16/2024, and net payrolls dated 03/28/2024 through 04/11/2024 and adopt Resolution No. 6345 approving Warrants for Payment.
BACKGROUND:
Staff provides warrant registers and wire transfers to City Council as part of Management Controls. The City utilizes resolutions for approving warrants for payment to comply with Section 3-2.06 of the Municipal Code regarding Warrants for Payments. Exhibit A entitled Summary of Warrants and Wire Transfers/ Automated Clearing House (ACH) Transactions serves as a Management Control for complying with Section 3-2.06.
Exhibit B entitled Detail of Warrants serves as evidence of Internal Controls utilized by City Finance staff that support these Management Controls for payments made by the City. These controls are carried out through the submission of all required documents supporting the invoices submitted for payment. Prior to payment, the Finance staff reviews - as an Internal Control that supports the Management Control - all disbursement documents to ensure that they meet the approval requirements.
DISCUSSION:
A - PAYMENT APPROVAL - Pursuant to paragraph 37202 of the California Government Code, demands (called Warrant Demand) against the City for payment shall be audited and thereafter submitted to the City Council for approval or rejection prior to payment, either separately or in a register of audited demands and shall have attached thereto affirmation of the City Treasurer and City Finance Director certifying the accuracy of the demands and the availability of funds for payment. This is accomplishedusing:
A1 - Warrants Registers or checks certified or approved by the City Treasurer and Finance Director as conforming to authorized expenditures set forth in the City Council adopted City Budget.
A1.1 Prepayments – pre-paying allows the City to take advantage of allowable prompt payment discounts and make payments on due dates of invoices. This involves the issuance of checks prior to final warrant approval.
Automated Clearing House (ACH) transactions are made using a network that electronically moves money between the City’s bank accounts to a payee’s bank account. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable prepaid warrants for payment. Wire
Transfer is a method of electronic funds transfer from the City of Maywood to one person or organization (payrolls and fees for electronic transfers).
A1.2 Regular Payment – To avoid late fees for payments made beyond due dates of invoices, checks are prepared prior to final warrant approval by the City Council. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable regular warrants for payment. After City Council approval, the checks are signed and distributed.
B - DOCUMENTATION – The City uses a Management Control by producing a summary document (Exhibit A - Summary Warrants for Payment and Wire Transfers/ACH transactions) that represents the cash disbursements required and the City uses an Internal Control by producing a detailed document (Exhibit B – Detail Warrants for Payment) that details information about each check issued for Prepaids and or to-be-paid for Regular Payments. These “disbursements” are accounted for in the FY2023-24 budget.
B1 – SUMMARY WARRANTS FOR PAYMENT AND WIRE TRANSFERS/ACH TRANSACTIONS provide an accounting of the Accounts Payable Registers, wire transfers (method of electronic funds transfer from the City of Maywood to one person or organization), and Automated Clearing House (ACH)transactions.
B2 – DETAIL WARRANTS FOR PAYMENTS provides the detailed information of approved payments made to the City's vendors and contractors by check number, identification of prepaid, date of warrant, vendor name, check amount, transaction description, and fund source. Wire transfers also enable the City to send electronic funds to the bank accounts of the City's vendors and contractors. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above-referenced dates.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The total disbursements for Warrant /ACH Registers and Wire Transfers are $1,298,211.46 for the period of 3/26/24 to 4/16/24. This amount is comprised of Warrant Registers of $1,047,613.55, ACH registers of $116,539.79 and Wire Transfers of $134,058.12.
F.Y. 23-24 Impact: Summary of the Warrant/ACH
Registers disbursements by Fund.
Current Fiscal Year Budget: 2023/2024
Fund Impacted:
Fund Amount
100-General Fund $755,554.50
212-Gas Tax $41,863.59
216-SB-1 Road Maintenance &
Rehab
$109,879.83
221-Proposition A $38,513.75
222 -Proposition C $7,091.45
224-Measure R $11,847.10
225-Measure M $1,497.45
243-CDBG (Comm Dev Block
Grant)
$8,653.38
Budget adjustment requested: Not applicable
251-Street Lighting $13,482.94
261-Grants Fund $125,965.16
272-Measure A $14,905.75
273-Local Fiscal Recovery $17,689.34
280-Measure W $5,340.00
412- Sewer Enterprise $880.74
611-Successor Agency $10,988.36
Total $1,164,153.34
Source of funds: Various Funds Updated Budget Account: Not applicable Account Number: Various General Ledger
Accounts
For Fiscal Year: 2023/2024
ATTACHMENT(S)
1. Exhibit A Summary Warrant Demand 4.24.24
2. Exhibit B Warrant Register Detail 4.24.24
3. Resolution No. 6345 Approving the Warrants for Register 4-24-24
Wednesday, April 24, 2024
Accounts Payable Amount
$ 305,758.03
$ 741,855.52
$ 116,539.79
Sub-total $ 1,164,153.34
Wire Transfers/ACH Transactions
03/28/24 Payroll Pay Period 2/25/2024 - 3/23/2024 $ 67,326.35 04/11/24 Payroll Pay Period 3/24/2024 - 4/6/2024 $ 66,286.76 Sub-total $ 134,058.12
Total Demands $ 1,298,211.46
Accounts Payable regular warrants for payment: ACH No. ACH-123 - ACH-131 City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Accounts Payable prepaid warrants for payment: Checks No. 091969 - 092012 Accounts Payable regular warrants for payment: Checks No. 092013 - 092051
City of Maywood
Check/Voucher Register - Warrant Register LM
From 3/26/2024 Through 4/16/2024
Check No.Prepaids (P) Date Name Check Amount Description Fund Title Fund 091969 P 3/26/2024 World Private Security Inc. 16,826.05 Crossing Guard Services Feb 2024 Gas Tax Fund 212 091970 P 4/4/2024 ACC Business 824.22 Internet Services From 2/11/24-3/10/24 General Fund 100 091971 P 4/4/2024 AFSCME District Council 36 752.83 AFSCME Membership Dues General Fund 100 091972 P 4/4/2024 Amazon Capital Services 143.96 Flags for Riverfront Park General Fund 100 091973 P 4/4/2024 Angel Villegas 989.86 Retiree Medical Reimbursement Angel Villegas April 2024 General Fund 100 091974 P 4/4/2024 Angelina Martinez 50.00 Planning Commissioner Stipend- Angelina Martinez 3-19-24 General Fund 100 091975 P 4/4/2024 AT & T Long Distance 93.46 Emergency Long Distance Phone Service- Jan and Feb General Fund 100 091976 P 4/4/2024 Base Hill Inc. 6,172.97 City of Maywood Janitorial Services - Base Hill, Inc. March General Fund 100 091977 P 4/4/2024 Belinda Murillo 50.00 Belinda Murillo-Stipend Youth Commissioner 3-13-24 General Fund 100 091978 P 4/4/2024 Brent Talmo 989.86 Retiree Medical Reimbursement B. T. April 2024 General Fund 100 091979 P 4/4/2024 Bruce Leflar 1,207.90 Retiree Medical Reimbursement B. L. April 2024 General Fund 100 091980 P 4/4/2024 Burke, Williams & Sorensen, LLP 6.20 Legal and Professional Services Feb 2024 General Fund 100 091981 P 4/4/2024 Christine M. Locher 291.15 Retiree Medical Reimbursement C. L. April 2024 General Fund 100 091982 P 4/4/2024 City Fabrick 14,905.75 Randolph Beautification Project - Technical Assistance Progr Measure A Parks Fund 272 091983 P 4/4/2024 Occupational Health Centers of CA 111.00 Pre-Employment Physical - A. E. Hernandez General Fund 100 091984 P 4/4/2024 County of L.A. Dept. of Animal Control 7,094.27 Animal Control for Feb 2024 General Fund 100 091985 P 4/4/2024 Crystal Denisse Acosta 50.00 Planning Commissioner Stipend- Crystal Acosta 3-19-24 General Fund 100 091986 P 4/4/2024 Letner Roofing Co. 28,619.13 City Hall and Sheriff Reroofing Project General Fund 100 091987 P 4/4/2024 Diego Jimenez 50.00 Planning Commissioner Stipend- Diego Jimenez 3-19-24 General Fund 100 091988 P 4/4/2024 Edward Ahrens 1,573.82 Retiree Medical Reimbursement Edward Ahrens April 2024 General Fund 100 091989 P 4/4/2024 Eliud James Gonzalez 50.00 Eliud J. Gonzalez-Stipend Youth Commissioner 3-13-24 General Fund 100 091990 P 4/4/2024 Hardy & Harper, Inc. 61,646.78 Pavement Rehabilitation Program FY 22-23 SB-1 Road Maint Rehab Fund 216 091991 P 4/4/2024 Myers & Sons Hi-Way Safety Inc. 2,716.70 Street Sweeping signs Gas Tax Fund 212 091992 P 4/4/2024 Home Depot Commercial Acct Pro 535.14 Paint for Riverfront Park Restroom General Fund 100 091993 P 4/4/2024 Innovative Fence Inc. 2,139.00 Install wrought iron door to bathroom entrance at PW office General Fund 100 091994 P 4/4/2024 Jaylene Grace Martinez 50.00 Jaylene Martinez-Stipend Youth Commissioner 3-13-24 General Fund 100 091995 P 4/4/2024 L.B. Johnson Hardware #1 17.50 Cement bag for picnic tables at Riverfront Park General Fund 100 4/4/2024 L.B. Johnson Hardware #1 25.80 PVC for AC drainage General Fund 100 4/4/2024 L.B. Johnson Hardware #1 21.88 Marking paint spray cans Gas Tax Fund 212 091996 P 4/4/2024 Mary Mariscal 50.00 Treasurer Stipend- Mary Mariscal April 2024 General Fund 100 4/4/2024 Mary Mariscal 50.00 Treasurer Stipend- Mary Mariscal March 2024 General Fund 100 091997 P 4/4/2024 Tri-City Mutual Water Company 59.35 5000 Slauson Ave. March 2024 General Fund 100 4/4/2024 Tri-City Mutual Water Company 2,365.00 5950 Walker Ave 3/1/24-3/31/24 General Fund 100 091998 P 4/4/2024 Miriam Chow 48.00 Refund for a Citation Records Miriam Chow General Fund 100 091999 P 4/4/2024 Quadient Leasing USA, Inc. 970.63 Postage Meter Lease 4/22/24 to 7/21/24 General Fund 100 Date: 4/16/2024 3:39:29 PM Page: 1
City of Maywood
Check/Voucher Register - Warrant Register LM
From 3/26/2024 Through 4/16/2024
Check No.Prepaids (P) Date Name Check Amount Description Fund Title Fund 092000 P 4/4/2024 Raul Rodriguez 50.00 Planning Commissioner Stipend- Raul Rodriguez 3-19-24 General Fund 100 092001 P 4/4/2024 Revenue & Cost Specialists, LLC 6,300.00 Fee Study: Rent Stabilization Prog and Dodgers Dreamfield Rental April 2024 Local Fiscal Recovery Fund 273
092002 P 4/4/2024 Robert Leach 1,005.00 Retiree Medical Reimbursement R. L. April 2024 General Fund 100 092003 P 4/4/2024 Ronald Lindsey 1,422.62 Retiree Medical Reimbursement R. L. April 2024 General Fund 100 092004 P 4/4/2024 Roy Alexande Hernandez 50.00 Roy Hernandez-Stipend Youth Commissioner 3-13-24 General Fund 100 092005 P 4/4/2024 Scott C. Anderson 1,573.82 Retiree Medical Reimbursement S. A. April 2024 General Fund 100 092006 P 4/4/2024 SOS Playgrounds Inc. 825.80 Pixley Park Phase 1 Improvement Project- Installation of new Grants Fund 261 092007 P 4/4/2024 Southern California Edison 2,092.95 Acct.#700405141156 Various Locations - March 2024 General Fund 100 4/4/2024 Southern California Edison 8,013.62 Acct# 700405260081 Evertt Ave. 3/1/24-3/31/24 Gas Tax Fund 212 4/4/2024 Southern California Edison 2,533.56 Acct.#700405141156 Various Locations - March 2024 Gas Tax Fund 212 4/4/2024 Southern California Edison 11,252.46 Acct.#700405141156 Various Locations - March 2024 Street Lighting Fund 251 092008 P 4/4/2024 Sparkletts Drinking Water Corp 158.37 City Hall Drinking Water for Staff Bill March 2024 General Fund 100 092009 P 4/4/2024 Superb Engineering, Inc. 107,716.38 Clean California - SuperB Engineering Grants Fund 261 092010 P 4/4/2024 Quadient Finance USA Inc. 500.00 Acct# 7900044081189551 Postage Usage 2/16/24-2/29/24 General Fund 100 092011 P 4/4/2024 Vernon City of 22.74 Acct. #414 Slauson/Downey 01/08/24-02/05/24 General Fund 100 092012 P 4/4/2024 Willdan Engineering 845.00 City of Maywood-Code Enf Feb 2024 General Fund 100 P 4/4/2024 Willdan Engineering 9,847.50 City of Maywood-Code Enf Jan 2024 General Fund 100 092013 4/16/2024 Amazon Capital Services 21.88 American flags General Fund 100 4/16/2024 Amazon Capital Services 61.68 City Clerk Office Supplies General Fund 100 4/16/2024 Amazon Capital Services 223.81 Community Events Supplies March 2024 General Fund 100 4/16/2024 Amazon Capital Services 37.09 HR/Risk Management- Office Supplies General Fund 100 4/16/2024 Amazon Capital Services 108.67 Office Supplies Administration General Fund 100 4/16/2024 Amazon Capital Services 31.53 Rec Supplies April 2024 General Fund 100 092014 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 500.00 City of Maywood - Device Modernization (#AMCQ3615) General Fund 100 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 1,837.50 City of Maywood - Files Modernization General Fund 100 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 4,768.75 City of Maywood - Network Modernization (#AMCQ3616) General Fund 100 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 43.75 City of Maywood Security Moderniz General Fund 100 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 2,576.94 Monthly IT Lease Agreement- April 2024 General Fund 100 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 2,624.80 Monthly IT Lease Agreement- Feb 2024 General Fund 100 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 3,630.00 Monthly IT/Assessment- April 2024 General Fund 100 4/16/2024
Modern IT, Inc. dba Advanced Microcomputing
Concepts, Inc. 3,630.00 Monthly IT/Assessment- Feb 2024 General Fund 100 092015 4/16/2024 AT&T 35.14 Emergency Elevator Phone Service- March 2024 General Fund 100 092016 4/16/2024 Brian E. Juarez 300.00 City Clerk Stipend- Brian E. Juarez April 2024 General Fund 100 092017 4/16/2024 Brinks Inc. 31.27 Additional Cash handling Services- March 2024 General Fund 100 Date: 4/16/2024 3:39:29 PM Page: 2
City of Maywood
Check/Voucher Register - Warrant Register LM
From 3/26/2024 Through 4/16/2024
Check No.Prepaids (P) Date Name Check Amount Description Fund Title Fund 4/16/2024 Brinks Inc. 278.23 Cash handling Services- March 2024 General Fund 100 092018 4/16/2024 California Consulting Inc. 3,500.00 Grant Writing Consulting Services- April 2024 General Fund 100 092019 4/16/2024 Cat Specialties Inc. 113.42 Bulky Items banner patches with dates General Fund 100 4/16/2024 Cat Specialties Inc. 304.07 Community Event Banner General Fund 100 092020 4/16/2024 Celestial Air Conditioning Co. Inc. 1,193.34 Punch list items on roof (conduit work) General Fund 100 092021 4/16/2024 Care For The Children 2,115.00 Curb Address Painting PO Gas Tax Fund 212 092022 4/16/2024 Charter Communications Holdings, LLC 628.63 Internet and Phone Service- April 2024 General Fund 100 092023 4/16/2024 Crosstown Electrical & Data Inc. 244.61 Atlantic Blvd. & 60th Street 3/15/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 382.50 Atlantic Blvd. & Randolph Street 3/15/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 442.77 Slauson Avenue & Alamo Avenue 3/13/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 1,150.11 Slauson Avenue & Everett Avenue 3/13/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 368.98 Slauson Avenue & Mayflower Avenue 3/4/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 482.13 Slauson Avenue & Maywood Avenue 3/15/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 258.99 Slauson Avenue & Pine Avenue 3/13/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 442.77 Sllauson Avenue & Everett Avenue 3/14/24 Gas Tax Fund 212 4/16/2024 Crosstown Electrical & Data Inc. 385.74 Slauson & Loma Vista and Slauson & Everette 3/1/24 Measure R Fund 224 4/16/2024 Crosstown Electrical & Data Inc. 2,057.40 City's Street Preventive Maintenance- March 2024 Street Lighting Fund 251 4/16/2024 Crosstown Electrical & Data Inc. 664.16 Atlantic & Slauson all medians 3/21/24 Grants Fund 261 092024 4/16/2024 Dave and Frank Automotive 26.00 VIN#1N4BZ0CPXHC308459 Tire Repair General Fund 100 092025 4/16/2024 Dewey Pest Control 297.00 Pest Control Service-April 2024 General Fund 100 092026 4/16/2024 George Hills Company 136.40 City Claims/ Adjuster -March 2024 General Fund 100 092027 4/16/2024 Graffiti Protective Coatings 5,232.93 Graffiti Bus Shelter Maintenance- March 2024 Proposition C Fund 222 092028 4/16/2024 Hardy & Harper, Inc. 48,233.05 Pavement Rehabilitation Program FY 22-23 SB-1 Road Maint Rehab Fund 216 092029 4/16/2024 HdL Software LLC 1,045.89 New Accounts Processed- February 2024 General Fund 100 092030 4/16/2024 Gregory Kiley dba Kiley & Associates LLC 3,900.00 Federal Legislative Advocacy Consultant-3-15-24 to 4-15-24 General Fund 100 092031 4/16/2024 L.B. Johnson Hardware #1 100.21 Cement bags/ gloves General Fund 100 4/16/2024 L.B. Johnson Hardware #1 37.22 Drain cleaner General Fund 100 4/16/2024 L.B. Johnson Hardware #1 39.40 Light bulbs for mens restroom Council Chambers General Fund 100 4/16/2024 L.B. Johnson Hardware #1 61.30 PPE sun hats General Fund 100 4/16/2024 L.B. Johnson Hardware #1 59.79 Bolts for street signs Gas Tax Fund 212 4/16/2024 L.B. Johnson Hardware #1 43.76 Marking spray paint for lifted sisdewalks Gas Tax Fund 212 4/16/2024 L.B. Johnson Hardware #1 24.07 White spay paint for 20 MIN stencil on green curb Gas Tax Fund 212 092032 4/16/2024 Los Angeles County Public Works 716.74 Sewer SR #271138 52nd Place Point Repair-Jan 2024 Sewer Enterprise Fund 412 092033 4/16/2024 Maywood Mutual Water Co. No.2 16.40 5515 Maywood Ave Jan-Feb 2024 General Fund 100 092034 4/16/2024 Metro Transit Services 37,911.12 Public Transportation & Dail-A-Ride Service March 2024 Proposition A Fund 221 092035 4/16/2024 Ok Printing Design & Digital Print 2,550.00 Newsletter Apr/May/Jun 2024 - Printing General Fund 100 Date: 4/16/2024 3:39:29 PM Page: 3
City of Maywood
Check/Voucher Register - Warrant Register LM
From 3/26/2024 Through 4/16/2024
Check No.Prepaids (P) Date Name Check Amount Description Fund Title Fund 092036 4/16/2024 Passage Entertainment Inc. 1,800.00 Maywood Get Healthy - Stage & Sound Rental General Fund 100 092037 4/16/2024 Perez Plumbing 195.00 Install new water filter cartridge in breakroom General Fund 100 4/16/2024 Perez Plumbing 1,100.00 Unclogg Riverfront Park restroom Jan 2024 General Fund 100 4/16/2024 Perez Plumbing 1,200.00 Unclogg Riverfront Park restrooms General Fund 100 092038 4/16/2024 Phoenix Group Information Systems 156.48 Citation Administrative Processing Fee Feb 2024 General Fund 100 4/16/2024 Phoenix Group Information Systems 3,214.50 Permit Processing Fee Feb 2024 General Fund 100 092039 4/16/2024 Property Health Inc. 5,010.00 HazMat Survey -5110 District Blv Successor Agency Fund 611 092040 4/16/2024 QDoxs 44.90 Copier Base Charge 4/5/24-5/4/24 General Fund 100 4/16/2024 QDoxs 125.66 Copier Base Charge April 2024 General Fund 100 092041 4/16/2024 Revueltas Landscape Inc 4,500.00 Dodger Dream Field Maintenance for Feb 2024 General Fund 100 4/16/2024 Revueltas Landscape Inc 4,500.00 Dodger Dream Field Maintenance for Jan 2024 General Fund 100 4/16/2024 Revueltas Landscape Inc 4,500.00 Dodger Dream Field Maintenance for Mar 2024 General Fund 100 092042 4/16/2024 Ron's Maintenance Inc 5,340.00 Catch Basin/Storm Drain Maintenance April 2024 Measure W Fund 280 092043 4/16/2024 Richards Watson & Gershon 2,976.97 Professional Services-0001 for Feb 2024 General Fund 100 4/16/2024 Richards Watson & Gershon 2,158.12 Professional Services-0010 Feb 2024 General Fund 100 4/16/2024 Richards Watson & Gershon 21,512.53 Professional Services-0012 Feb 2024 General Fund 100 4/16/2024 Richards Watson & Gershon 55.00 Professionall Services-0015 Feb 2024 General Fund 100 092044 4/16/2024 SHERIFF'S DEPT COUNTY OF LOS ANGELES 472,458.28 LA County Sheriff's Patrol Maywood Special Events Feb 2024 General Fund 100 092045 4/16/2024 Southeast Rio Vista YMCA 2,455.00 YMCA - Apr 2024 Swim Lessons & Dodgers Dreamteam League signups Local Fiscal Recovery Fund 273 092046 4/16/2024 Staples Business Advantage 236.26 Office Supplies General Fund 100 092047 4/16/2024 The Gas Company 76.88 4317 Slauson Ave. 2/06/24-3/07/24 General Fund 100 4/16/2024 The Gas Company 22.77 4319 Slauson Ave. City Hall -03/07/24-04/05/24 General Fund 100 4/16/2024 The Gas Company 133.04 Library 4323 Slauson Ave. 3/07/24-4/05/24 General Fund 100 092050 4/16/2024 Transtech Engineers Inc 2,050.00 201007 May I 710 Integrated Corridor Management- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 656.00 20846 Maywood City Engineering Services- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 4,084.00 210065 May Baseball Field Improvements- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 574.00 210109 May 3750 E 58th PW FM PC Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 1,468.00 210917 May HVAC Replacement Project- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 246.00 220357 May Utilities Undergroud District- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 82.00 220688 May Grant- SAFE STS & RDS FOR ALL (SS4A) Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 495.00 220878 May I710 Corridor-Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 594.00 230515 May NEXT GEN Signal Priority- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 492.00 230901 May LS 4010-4020 Slauson PC- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 396.00 231011 May FIRST/LAST MILE Jan 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 2,258.00 231094 May City Hall & Sheriff Reroofing Project CMCI- Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 3,705.00 231284 May City Window Replacement Project Feb 2024 General Fund 100 Date: 4/16/2024 3:39:29 PM Page: 4
City of Maywood
Check/Voucher Register - Warrant Register LM
From 3/26/2024 Through 4/16/2024
Check No.Prepaids (P) Date Name Check Amount Description Fund Title Fund 4/16/2024 Transtech Engineers Inc 1,268.00 231449 May ADA Master Plan Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 1,059.00 240095 May ATP Cycle 7 Support Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 744.00 240108 May Public Works Yard Feb 2024 General Fund 100 4/16/2024 Transtech Engineers Inc 1,188.00 230434 May HSIP Cycle 11 Improvements PE Phase- Feb 202 Measure R Fund 224 4/16/2024 Transtech Engineers Inc 8,769.00 230834 May FY22-23 Pavement Rehabilitation CMCI- Feb 2 Measure R Fund 224 4/16/2024 Transtech Engineers Inc 396.00 240092 May FML FIRST MILE LAST Feb 2024 Measure R Fund 224 4/16/2024 Transtech Engineers Inc 2,604.00 231281 May Sidewalk-Curb Ramp Feb 2024 CDBG 243 4/16/2024 Transtech Engineers Inc 4,245.00 20901 May CIP Slauson Ave. Corridor Imp Feb 2024 Grants Fund 261 4/16/2024 Transtech Engineers Inc 1,913.00 220534 May ATP Cycle 6 Randolph- Feb 2024 Grants Fund 261 4/16/2024 Transtech Engineers Inc 1,584.00 230628 May Clean California Grant Design Phase- Feb 202 Grants Fund 261 4/16/2024 Transtech Engineers Inc 1,684.00 231362 May Pixley Pocket Park Feb 2024 Grants Fund 261 4/16/2024 Transtech Engineers Inc 372.00 240122 May Maywood Park Project Feb 2024 Grants Fund 261 4/16/2024 Transtech Engineers Inc 3,735.00 240147 May CCC1 City Feb 2024 Grants Fund 261 4/16/2024 Transtech Engineers Inc 2,538.00 240011 May Teen Center 4801 E Feb 2024 Local Fiscal Recovery Fund 273 4/16/2024 Transtech Engineers Inc 1,488.00 240030 May Marquee Sign Replacement Proj Feb 2024 Local Fiscal Recovery Fund 273 4/16/2024 Transtech Engineers Inc 164.00 210314 May Sewer Charge Assessment District- Feb 2024 Sewer Enterprise Fund 412 4/16/2024 Transtech Engineers Inc 4,573.00 231444 May Demo Project 5110 District Blvd Feb 2024 Successor Agency Fund 611 092051 4/16/2024 U.S. Bank Corporate Payment System 9,738.25 Acct.5074 and 6433 Cred Crd- 3/15/24 Stmt General Fund 100 4/16/2024 U.S. Bank Corporate Payment System 3,225.82 Acct.5074 and 6433 Cred Crd- 3/15/24 Stmt Grants Fund 261 092052 4/16/2024 U.S. Bank Trust National Assoc 3,200.00 Acct # 247468000 Admin Fees in Adv General Fund 100 092053 4/16/2024 Xerox Financial Services 589.12 Xerox Copier Lease Payment- 3/30/24-4/29/24 General Fund 100 ACH-123 3/19/2024 US Bank Fees 40.00 Analysis Service Charges General Fund 100 ACH-124 3/20/2024 California Public Employees' Retirement System 26,893.58 CalPERS Health Premiumr March 2024 General Fund 100 3/20/2024 California Public Employees' Retirement System 2,241.13 CalPERS Health Premiumr March 2024 Gas Tax Fund 212 3/20/2024 California Public Employees' Retirement System 259.62 CalPERS Health Premiumr March 2024 Proposition A Fund 221 3/20/2024 California Public Employees' Retirement System 623.04 CalPERS Health Premiumr March 2024 Proposition C Fund 222 3/20/2024 California Public Employees' Retirement System 328.86 CalPERS Health Premiumr March 2024 Measure R Fund 224 3/20/2024 California Public Employees' Retirement System 644.62 CalPERS Health Premiumr March 2024 Measure M Fund 225 3/20/2024 California Public Employees' Retirement System 432.71 CalPERS Health Premiumr March 2024 CDBG 243 3/20/2024 California Public Employees' Retirement System 86.54 CalPERS Health Premiumr March 2024 Street Lighting Fund 251 3/20/2024 California Public Employees' Retirement System 2,250.07 CalPERS Health Premiumr March 2024 Local Fiscal Recovery Fund 273 3/20/2024 California Public Employees' Retirement System 406.71 CalPERS Health Premiumr March 2024 Successor Agency Fund 611 ACH-125 3/22/2024 Automatic Data Processing 820.84 March 2024 ADP Payroll Fees General Fund 100 ACH-126 3/26/2024 California Public Employees' Retirement System 8,421.55 CalPERS Contribution 2/11/2024-2/24/2024 General Fund 100 3/26/2024 California Public Employees' Retirement System 655.26 CalPERS Contribution 2/11/2024-2/24/2024 Gas Tax Fund 212 3/26/2024 California Public Employees' Retirement System 83.39 CalPERS Contribution 2/11/2024-2/24/2024 Proposition A Fund 221 Date: 4/16/2024 3:39:29 PM Page: 5
City of Maywood
Check/Voucher Register - Warrant Register LM
From 3/26/2024 Through 4/16/2024
Check No.Prepaids (P) Date Name Check Amount Description Fund Title Fund 3/26/2024 California Public Employees' Retirement System 313.05 CalPERS Contribution 2/11/2024-2/24/2024 Proposition C Fund 222 3/26/2024 California Public Employees' Retirement System 151.25 CalPERS Contribution 2/11/2024-2/24/2024 Measure R Fund 224 3/26/2024 California Public Employees' Retirement System 208.21 CalPERS Contribution 2/11/2024-2/24/2024 Measure M Fund 225 3/26/2024 California Public Employees' Retirement System 683.82 CalPERS Contribution 2/11/2024-2/24/2024 CDBG 243 3/26/2024 California Public Employees' Retirement System 408.20 CalPERS Contribution 2/11/2024-2/24/2024 Local Fiscal Recovery Fund 273 3/26/2024 California Public Employees' Retirement System 292.55 CalPERS Contribution 2/11/2024-2/24/2024 Successor Agency Fund 611 ACH-127 4/3/2024 US Bank Fees 632.12 Bank Merchant Fees for April 2024 General Fund 100 ACH-128 4/3/2024 California Public Employees' Retirement System 31,255.47 CalPERS Health Premium April 2024 General Fund 100 4/3/2024 California Public Employees' Retirement System 2,839.91 CalPERS Health Premium April 2024 Gas Tax Fund 212 4/3/2024 California Public Employees' Retirement System 259.62 CalPERS Health Premium April 2024 Proposition A Fund 221 4/3/2024 California Public Employees' Retirement System 922.43 CalPERS Health Premium April 2024 Proposition C Fund 222 4/3/2024 California Public Employees' Retirement System 628.25 CalPERS Health Premium April 2024 Measure R Fund 224 4/3/2024 California Public Employees' Retirement System 644.62 CalPERS Health Premium April 2024 Measure M Fund 225 4/3/2024 California Public Employees' Retirement System 4,932.85 CalPERS Health Premium April 2024 CDBG 243 4/3/2024 California Public Employees' Retirement System 86.54 CalPERS Health Premium April 2024 Street Lighting Fund 251 4/3/2024 California Public Employees' Retirement System 2,250.07 CalPERS Health Premium April 2024 Local Fiscal Recovery Fund 273 4/3/2024 California Public Employees' Retirement System 706.10 CalPERS Health Premium April 2024 Successor Agency Fund 611 ACH-129 4/5/2024 8x8 Inc. 450.53 Monthly Telephone Service - April 2024 General Fund 100 ACH-130 4/10/2024 California Joint Powers Insurance Authority 22,355.58 CJPIA April 2024 General Fund 100 ACH-131 4/10/2024 Keena & Associates 2,330.70 Premium Crime Policy 7/1/24 - 7-/1/25 General Fund 100 Report Total 1,164,153.34
Date: 4/16/2024 3:39:29 PM Page: 6
RESOLUTION NO. 6345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD, CALIFORNIA, AND SUCCESSOR AGENCY TO
THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY
APPROVING THE WARRANTS FOR PAYMENT
WHEREAS, the following listed demands have been reviewed by the Director of Finance, and
WHEREAS , the Director of Finance has certified to the accuracy and availability of funds for payment thereof, and
WHEREAS , the register of audited demands is hereby submitted to the City Council of the City of Maywood and Successor Agency to the Maywood Community Redevelopment Agency for approval.
NOW, THEREFORE, BE IT RESOLVED, that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $1,298,211.46 are hereby ratified:
• Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions • Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 24th day of April 2024. __________________________
Eddie De La Riva, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF MAYWOOD
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Resolution, being Resolution No.6345, was duly passed, approved by not less than four members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 24th day of April, 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
___________________________
Brian E. Juarez, City Clerk
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 6.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF APPROVAL OF THE IMPLEMENTATION AGREEMENT FOR
SLAUSON AVENUE COMPLETE STREET STUDY WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG), FOR A TOTAL AMOUNT NOT-TO-EXCEED $7,389.14 RECOMMENDATION:
Staff recommends that the Council approve the Implementation Agreement for the Slauson Avenue Complete Street Study in its final form, allocate the required share of $7,389.14 from Prop C Funds and authorize the Mayor to execute the Agreement in a form approved by the City Attorney.
BACKGROUND:
The Gateway Cities Strategic Transportation Plan includes a Master Plan for Arterial Highways chapter which incorporates the “Complete Streets” concept. Complete streets aim to optimize efficiency not only for automobile, truck, and bus traffic but also for bicycle and pedestrian traffic.
DISCUSSION:
Slauson Avenue is a high-priority, high-quality transit arterial within the Gateway Cities. It is a major east-west travel corridor through the Gateway Cities subregion, located at Santa Fe Springs Road in the cities of Santa Fe Springs and Whittier west to Wilmington Avenue in the City of Huntington Park, for a total of 12.34 miles.
The Slauson Avenue Corridor connects the cities of Santa Fe Springs, Whittier, Unincorporated Los Angeles County, Pico Rivera, Montebello, Commerce, Bell, Maywood, Huntington Park, and Vernon and staff of these agencies have convened to discuss advancing the study of Slauson Avenue as a “complete street”, subject to local conditions and preferences. A plan would position the corridor for potential construction funding opportunities that individual cities or a consortium of cities along the corridor could pursue.
The Slauson Avenue Complete Street Study would be the eighth arterial Complete Streets corridor study being advanced under this program. The Gateway Cities Council Of Government Board (COG) previously approved a prioritization process that has resulted in studies on Artesia Boulevard, Lakewood/Rosemead Boulevard, Atlantic Boulevard, Florence Avenue, Imperial Highway and Telegraph.
The consensus among the represented cities and County officials is to proceed with the study to be conducted by the COG’s two consultant engineers. The estimated cost of the study is $185,100, expected to span one year. Participating agencies will contribute to the study's funding based on a formula tied to their linear miles of Slauson Avenue street frontage. The remainder of the project's funding will be paid for by the Metro.
Each participating agency will sign an Implementation Agreement with the COG. The attached Implementation
Agreement, resembling agreements utilized for previous arterial corridor studies, outlines the respective assessments to be paid by the participating agencies.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact of the general funds. However, approving the Implementation Agreement for the Slauson Avenue Complete Street Study will be required to allocate the required share of a total not to exceed $7,389.14 from Prop C Funds. This allocation will support the implementation of the study to maximize traffic efficiency and identify potential funding opportunities for construction.
ATTACHMENT(S)
1. Slauson Avenue Agreement with Cities - Final Approved Mar 6 2024
SLAUSON AVENUE COMPLETE STREET STUDY
IMPLEMENTATION AGREEMENT
BY AND BETWEEN
GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
CITY OF MAYWOOD
THIS SLAUSON AVENUE COMPLETE STREET STUDY IMPLEMENTATION AGREEMENT (“Agreement”) is made and entered as of the 24th day of April 2024, by and between the Gateway Cities Council of Governments, a California joint powers authority (“GCCOG”) and the City of Maywood, a California municipal corporation (“City”), individually a “Party” and collectively, the “Parties”.
In consideration of the mutual covenants and conditions set forth herein, the parties hereto agree as follows:
Section 1. Findings. This Agreement is made and entered into with respect to the following facts:
(a) Slauson Avenue is a major east/west arterial corridor through the Gateway Cities subregion from Santa Fe Springs Road in the Cities of Santa Fe Springs and Whittier west to Wilmington Avenue in the City of Huntington Park for a total of 12.34 miles.
(b) Slauson Avenue carries a significant amount of traffic, particularly in relieving heavy traffic volumes along the I-710, I-605, and I-5 freeways, which it crosses at varying points.
(c) The City, along with other agencies through which the Slauson Avenue Corridor (“Corridor”) runs, is desirous of establishing a “Complete Streets” study for a subregional arterial corridor plan for this major Corridor to relieve traffic congestion and to enhance active transportation opportunities in the neighboring communities, and for GCCOG to coordinate and implement such a study (“Slauson Avenue Complete Street Study” or the “Study”). (d) The development of the Study would position the participating agencies to apply for, and receive, federal, state, and regional funding for improvement of the Corridor.
(e) Section 21 of Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments, to which the City is a signatory, provides that when authorized by the Board of Directors, affected Members may execute an
implementation agreement for the purpose of authorizing GCCOG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare, and that the costs incurred by such program, including indirect costs, shall be assessed only to those members who are parties to an implementation agreement.
Section 2. Implementation of Slauson Avenue Complete Street Study. To the fullest extent of its authority, the City authorizes GCCOG to implement and initiate the Slauson Avenue Complete Street Study, including any initial feasibility studies required to coordinate with other transportation studies. Further, the City authorizes GCCOG to request funding from and to partner with other public agencies for the Slauson Avenue Complete Street Study (including, but not limited to, Caltrans, SCAG, and Metro).
Section 3. Scope of Work. The Scope of Work to be performed for the Study under this Agreement is described in Attachment A attached hereto and incorporated by this reference.
Section 4. Assessment for Proportional Costs of Study. The City agrees to pay to GCCOG upon execution of this Agreement an assessment in the amount set forth in Attachment A for City’s proportional share of the projected costs of the Study.
Section 5. Committees.
(a) Slauson Avenue Complete Street Study Committee. There is hereby established a committee to be known as the Slauson Avenue Complete Street Study Committee. The Slauson Avenue Complete Street Study Committee shall consist of an elected member of the legislative body of each agency that has entered into a Slauson Avenue Complete Street Study Implementation Agreement with GCCOG, designated by the respective legislative bodies. The Slauson Avenue Complete Street Study Committee will work in coordination with the Slauson Avenue Complete Street Study Technical Advisory Committee to provide policy assistance, guidance, and direction to GCCOG regarding the Study. All members of the Slauson Avenue Complete Street Study Committee shall receive a stipend of one hundred dollars ($100) for attendance at each meeting.
(b) Slauson Avenue Complete Street Study Technical Advisory Committee.
There is hereby established a committee to be known as the Slauson Avenue Complete Street Study Technical Advisory Committee. The Slauson Avenue Complete Street Study Technical Advisory Committee shall consist of a staff representative of each agency that has entered into an Slauson Avenue Complete Street Study Implementation Agreement with GCCOG, designated by the City Manager or, for the County of Los Angeles, the appropriate designating authority. Such designated representative shall be the Public Works Director or other employee or consultant with relevant technical knowledge. The Slauson Avenue Complete Street Study Technical Advisory Committee shall report to and receive direction from the Slauson Avenue Complete Street Study Committee.
Section 6. Meetings. All regular, adjourned, and special meetings of the committees established by this Agreement shall be called and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended from time to time.
Section 7. Defense and Indemnification.
(a) To the fullest extent permitted by law, each Party (“Indemnifying Party”) mutually agrees to defend, indemnify, and save and hold harmless the other Party, its officials, officers, agents, employees, and volunteers (“Indemnified Party”) from and against any claim, loss, liability, damage, lawsuit, cost, or expense (“Claim”) that arises out of, or is any way related to, the performance of this Agreement and attributable to the acts or omissions of the Indemnifying Party. This obligation extends, without limitation, to any injury, death, loss, or damage which occurs in the performance of the Agreement. Each Party certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement, and it shall continue to maintain such funds throughout the term of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require any Party to defend and indemnify the other Party from any Claim arising from the sole negligence or willful misconduct of the other Party. Nothing in this section shall be construed as authorizing an award of attorney fees in any action on or to enforce the terms of this Agreement. This obligation shall apply to all Claims and liability regardless of whether any insurance policies are applicable. Any policy limits shall not act as a limitation upon the amount of defense or indemnification to be provided. (b) At its sole discretion, the Indemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the Indemnifying Party of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.
Section 8. Notices. Any notice required to be given or delivered by any provision of this Agreement shall be deposited in any United States Post Office, registered or certified, postage prepaid, addressed as set forth below, and shall be deemed to have been received by the Party to whom the same is addressed at the expiration of seventytwo (72) hours thereafter. Written notice shall be directed as follows unless a Party provides written notice of change of address for notices:
To GCCOG: Gateway Cities Council of Governments
16401 Paramount Boulevard
Paramount, CA 90723
Attention: Executive Director
To City: City of Maywood
4319 E. Slauson Avenue
Maywood, California 90270
Attention: City Manager
Section 9. Waiver. Waiver by a party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement.
Section 10. Law to Govern; Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
Section 11. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Section 12. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. This Agreement may be amended as agreed upon by the Parties in writing.
Section 13. Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
Section 14. Attorneys’ Fees. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable fees, costs and expenses, in addition to any other relief to which it may be entitled.
Section 15. Successors. This Agreement shall be binding upon and inure to the benefit of any successor of a Party.
Section 16. Assignment and Delegation. Neither Party shall assign any rights nor delegate any duties under this Agreement without the written consent of the other Party.
Section 17. Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute a single agreement, and each of which shall be an original for all purposes.
Section 18. Execution. The persons executing this Agreement on behalf of the Parties warrant and represent that they have the authority to execute this Agreement on behalf of the Parties and have the authority to bind the Parties to the provisions of this Agreement.
Section 19. Electronic Signatures. The Parties acknowledge and agree that execution of this Agreement by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the day and year first written above.
CITY OF MAYWOOD
By:
Eddie De La Riva, Mayor
ATTEST:
By:
Brian E Juarez, City Clerk
APPROVED AS TO FORM:
_____________________________
Roxanne Diaz, City Attorney
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
________________________________
Ariel Pe, President
ATTEST:
_________________________________
Hector De La Torre, Secretary
APPROVED AS TO FORM
_________________________________
Ivy M. Tsai, General Counsel
Attachment A
Slauson Avenue Complete Street Study
Scope of Work and Budget
Attachment A
Gateway Cities Council of Governments
SCOPE OF WORK
Project Funding:
PROJECT ITEM
Grant funds
(LACMTA )
LOCAL
AGENC
Y
TOTAL
Planning, Design,
Engineering $135,000 $50,100 $185,100
TOTAL BUDGET COST $135,000 $50,100 $185,100
Project Cost, including Overall Funding, by Jurisdiction:
The following tables includes the linear distance of the Corridor by jurisdiction, and a funding cost summary. Based on past Complete Streets efforts, and overall cost was developed for the project. The GCCOG coordinated with Metro to provide a grant in the total amount of $135,000 for the Slauson Avenue. To fully fund the project, this Implementation Agreement includes a 27% match, which is defined in the table below under the “Portion Paid by City” column, to fully fund the overall project scope of work totaling $185,100.
Schedule:
The Gateway Cities Council of Governments (GCCOG) proposes to complete the Alondra Boulevard Complete Street Evaluation and Master Plan over the period of approximately 1 year, with an anticipated kick off on July 1, 2024.
Project Map:
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 7.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: CONSIDERATION OF APPROVAL RESOLUTION NO. 6346 AFFIRMING SUPPORT
FOR THE CONGRESSIONAL AND WORLDWIDE CALLS OR AN IMMEDIATE
CEASEFIRE IN GAZA
RECOMMENDATION:
Staff recommends that the City Council consider approval of Resolution No. 6346 supporting the congressional and worldwide calls for an immediate ceasefire in Gaza.
BACKGROUND:
Since October 2023, following the Hamas attack on Israel, elected officials have publicly acknowledged the ongoing violence and humanitarian crisis impacting Israel and Gaza. On November 17, 2024, Congressman Robert Garcia, published a statement supporting efforts to secure a lasting ceasefire in Israel and Gaza, affirming the value of Palestinian and Israeli lives and ensuring the delivery of humanitarian assistance and the protection of civilian lives in Gaza.
DISCUSSION:
Several cities across Los Angeles County have approved or are actively considering statements calling for a range of actions including an unimpeded humanitarian pause, the protection of civilians, the release of hostages, and a lasting ceasefire, including Long Beach, Pomona, Bell Gardens, Montebello, and Cudahy.
Nationally, other major U.S. cities including San Francisco, Oakland, Sacramento Seattle, Detroit, and Atlanta have adopted similar statements.
The current humanitarian crisis has taken place within a long history. This crisis needs to be addressed for a pathway to lasting peace and justice to be developed. If approved, staff will move forward with sending the adopted resolution to the office of our local dignitaries urging them to take action and use their position and influence to end violence.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact with the approval of this item.
ATTACHMENT(S)
1. Resolution No. 6346 Affirming Support for the Congressional and Worldwide Calls for an Immediate Ceasefire in Gaza
RESOLUTION NO. 6346
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MAYWOOD, CALIFORNIA,
AFFIRMING SUPPORT FOR THE
CONGRESSIONAL AND WORLDWIDE CALLS
FOR AN IMMEDIATE CEASEFIRE IN GAZA
WHEREAS, the City of Maywood believes that all people regardless of race, color, national origin, sex, and religion should be able to live in dignity, freedom, and equality without fear of destruction; and
WHEREAS, the City of Maywood condemns the recent rise of Antisemitic, Islamophobic, racist, homophobic, and xenophobic attacks across the nation; and WHEREAS, the City of Maywood recognizes that the current crisis takes place within a long history and affirms the root causes of the crisis needs to be addressed for a pathway to lasting peace and justice to be developed; and WHEREAS, the current assault on Gaza, which started October 7, 2023, after Hamas killed 1,200 people and kidnapped 240 people, has resulted in over 30,000 Palestinians killed, including 13,000 children, and over 1.9 million Palestinians displaced by the State of Israel; and
WHEREAS, the United Nations called for an immediate ceasefire and urged Israel and the United States to take actions to prevent further loss of civilian life; and WHEREAS, the Federal Government holds immense diplomatic power to save Israeli and Palestinian lives.
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City of Maywood support local programs that combat Antisemitism, Islamophobia, racism, homophobic and xenophobic attacks.
Section 2. The City of Maywood supports U.S. Congress Resolution H.R. 786, and joins other cities in calling on our Congressional Representatives and Senators to demand: a permanent ceasefire; the release of all hostages and unlawful prisoners; the unrestricted entry of humanitarian assistance into Gaza; the restoration of food, water, electricity, and medical supplies to Gaza; conditioning military aid to the State of Israel; and an immediate respect for international law by Israel and Hamas.
Section 3. That a copy of this resolution be sent to the offices of Speaker Emeritus Anthony Rendon, State Senator Lena Gonzalez, Governor Gavin Newsom, U.S.
Representative Robert Garcia, U.S. Senator Laphonza Butler, U.S. Senator Alex Padilla, Secretary of Defense Lloyd Austin, Secretary of State Antony Blinken, and U.S. President Joe Biden, urging them to take immediate action to use their position and influence to end violence.
PASSED, APPROVED AND ADOPTED THIS 24th day of April 2024.
Eddie De La Riva, Mayor
ATTEST: APPROVED AS TO FORM:
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF MAYWOOD
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Resolution, being Resolution No. 6346, was duly passed, approved by not less than three members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 24th day of April 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
Brian E. Juarez, City Clerk
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 8.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY
OF MAYWOOD AND THE BALDWIN PARK UNIFIED SCHOOL DISTRICT FOR THE
USE OF A CLASSROOM SPACE IN THE MAYWOOD PARK MULTIPURPOSE BUILDING LOCATED AT 4801 E. 58TH STREET
RECOMMENDATION:
Staff recommends that the City Council consider approving a new Lease Agreement between the City and the Baldwin Park Unified School District and authorize the Mayor to execute the new Lease Agreement.
BACKGROUND:
In the 2006 and 2007 program years, Baldwin Park Unified School District (District) assumed operational responsibility for the Los Angeles County Office of Education's (LACOE) Head Start Direct Services Program.
As part of the transition, LACOE agreed to sublease classroom space in the cities of Bell, Cudahy, and Maywood (the Tri-Cities). As leases expired, the District independently assumed leases in each of the TriCities. Currently, the City has a lease agreement with the Baldwin Park Unified School District that commenced July 1, 2021, and is set to expire on June 30, 2024, for the use of classroom space in the Maywood Park Multipurpose Facility located at 4801 E. 58th Street.
History of the Lease Agreement with the District
On July 1, 2009, a three-year lease agreement was entered into between the City of Maywood and the District for use of classroom space in the Maywood Park Multipurpose Facility for a Preschool Program. In May 2012, the City Council granted an extension for an additional three years, effective July 1, 2012, through June 30, 2015. In August 2015, the City Council approved a second extension of the agreement for another three years which took effect July 1, 2015, and would conclude June 30, 2018. On February 27, 2019, the City Council granted a third extension of the agreement, through the execution of a real estate lease agreement. The Lease Agreement provided an additional three years, effective July 1, 2018, through June 30, 2021, and contained provisions for leases in real estate transactions. City Council approved an additional lease extension in January 2021. After negotiating with the City, the District agreed to pay $2,278.33 per month for the period of July 1, 2021, to June 30, 2022, with a 3% annual increase for an additional three years. The aforementioned extension of the Lease Agreement is set to expire on June 30, 2024.
In January 2024, City staff contacted the District to inquire about their interest in continuing to lease the facility.
City staff met with District staff in February 2024, where they shared their interest in continuing to lease the facility and negotiated the terms for a new agreement. In reviewing the current lease agreement, City staff made revisions to the Lease Agreement.
Negotiated Offer of the New Lease Agreement with the District The District wishes to continue its partnership with the City and to lease the Multipurpose Room at Maywood Park. After the negotiation meeting, the District agreed (prior to District Board approval) to pay the total lease agreement payments not exceed a total of $92,340.96 ($29,875.08 for the first year, and a 3% increase per year for the subsequent years of the Lease). The monthly rent payable by the District to the City will be:
• $2,489.59 from July 1, 2024, to June 30, 2025
• $2,564.28 from July 1, 2025, to June 30, 2026
• $2,641.21 from July 1, 2026, to June 30, 2027
DISCUSSION:
Since July 2009, Baldwin Park Unified School District has operated the Tri-Cities Head Start Preschool Program in the City's Multipurpose Room at Maywood Park without any interruptions and in good standing.
The Preschool Program, which is operated by the District under the LACOE's Head Start Direct Services Program, has been a benefit to the families of Maywood and surrounding communities. Currently, there are seven out of twenty children enrolled and participating in the Program who live within the 90270 zip code.
Quality, low to no cost preschool services are a critical need in our region, and the City desires to continue to foster a great Program so that children can begin an early education and be able to transition into the regular school system.
Therefore, the City Council's approval of this new three-year lease agreement would ensure that local affordable and reliable preschool services continue to be provided for our residents and surrounding communities to promote a healthy well-being and build upon a better quality of life.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The approval of leasing the City's Multipurpose Room space is estimated to generate a revenue of $29,875.08 in the first year, $30,771.36 in the second year, and $31,694.52 in the third year.
ATTACHMENT(S)
1. FY 2024-2027 BPUSD Lease Agreement
2. BPUSD Program Facility Diagram
12501-0003\2268047v2.doc -1-
LEASE FOR USE OF MAYWOOD
MULTI-PURPOSE PARK FACILITY FOR A PRESCHOOL
THIS LEASE is dated as of April 24, 2024, and is entered into by and between the Baldwin Park Unified School District, hereinafter referred to as “Tenant”, and the City of Maywood, hereinafter referred to as “Landlord”.
RECITALS
WHEREAS, Landlord is the owner of a two story building with a street address of 4801 E. 58th Street (“Building”); and
WHEREAS, Tenant operates preschool programs throughout the County of Los Angeles and desires to utilize a portion of the Building to operate a preschool program; and WHEREAS, Landlord desires to permit Tenant to utilize the portion of the Building described on Exhibit “A” (the “Premises”) for such purposes.
IT IS THEREFORE AGREED AS FOLLOWS:
1. PERMITTED USE.
Tenant may use the Premises for the operation of a preschool program for low-income Maywood residents between the ages of three and five years; however, if Tenant is unable to recruit and meet enrollment sufficient numbers of Maywood residents for its program, it may recruit lowincome children from adjacent areas in order to maintain minimum enrollment criteria. In no event shall Tenant use the Premises for any other purpose without the prior written consent of the Landlord.
2. TERM.
The term of this Lease shall commence on July 1, 2024, and shall expire, unless terminated earlier as herein below set forth, on June 30, 2027.
3. RENT.
Upon Tenant’s execution and delivery of this Lease, the total lease agreement payments will not exceed $92,340.96 ($29,875.08 for the first year and 3% increase per year for the subsequent years of the Lease). The monthly rent payable by Tenant to Landlord shall be: (i) $2,489.59 from July 1, 2024, to June 30, 2025; (ii) $2,564.28 from July 1, 2025, to June 2026; (ii) $2,641.21 from July1, 2026, to June 30, 2027. Such monthly rent shall be payable in advance, on the first day of each calendar month, without offset or reduction. A default hereunder shall constitute a default under the Lease.
4. MAINTENANCE RESPONSIBILITIES.
4.1 Tenant shall properly use, operate and safeguard the Premises, including maintaining all interior and exterior areas, mechanical, electrical, and plumbing and light fixtures,
Lease Agreement w/ BPUSD ‘24 -2-
and keep them and the Premises clean, sanitary and well-ventilated. Tenant shall be responsible for checking and maintaining all smoke detectors, fire extinguishers, and carbon monoxide detectors within the Premises. Tenant shall perform all repairs necessary to the interior of the Premises, including all interior ceilings, walls, signs, floor and wall coverings, HVAC, gas, water faucets, etc. Tenant shall immediately notify Landlord’s Public Works Department of any problem, malfunction or damage to or on the Premises. Tenant shall be charged for all repairs or replacements caused by the Tenant, its officers, employees, program participants, contractors, licensees or invitees, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises resulting from failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines or construction work near the Premises.
4.2 Tenant’ s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform such maintenance, and Tenant shall reimburse Landlord for Landlord’ s actual cost thereof, as additional Rent, within ten (10) days after written demand. Additionally, dependent on maintenance incidents, the Landlord shall have the right to terminate this Lease upon ten (10) day’s prior written notice to Tenant.
5. UTILITIES.
Landlord shall have the right to charge Tenant, as additional rent, for the cost of utilities, supplied to or used by Tenant, as determined by Landlord in good faith from time to time. Tenant shall pay any such charges, without deduction or offset, as additional rent, from time to time, within ten (10) business days after Landlord delivers a written demand for payment with an explanation of the charges.
6. LICENSURE AND LEGAL REQUIREMENTS.
Tenant shall at all times be licensed by the State Department of Social Services and shall comply with all pertinent requirements of Title 22, Division 2 of the California Administrative Code, as amended from time to time.
Tenant shall at all times comply with all municipal, county. state and federal laws and other regulations not previously mentioned and shall not use or permit the use of the facilities for illegal or immoral purposes nor commit, suffer or permit any waste upon the facility. Any violation of the above-mentioned provisions shall be grounds for the termination of this Agreement.
7. ASSIGNMENT AND SUBLETTING.
This Agreement is personal to the Tenant and shall not be assigned, nor shall the Premises be sublet.
8. INDEMNIFICATION AND INSURANCE.
8.1 Tenant Indemnification. Tenant shall hold Landlord harmless and will indemnify and defend Landlord from and against any and all demands, debts, liens, claims, damages, liabilities, costs, and expenses, by reason of Tenant operations within the City of Maywood
Lease Agreement w/ BPUSD ‘24 -3-
(including operations under this Agreement), including claims for damages to personal property in, on or about the Premises, and for injuries to persons in or about the Building.
8.2 Landlord’s Indemnification. Landlord agrees to and does hereby hold Tenant harmless and will indemnify and defend Tenant from and against any and all demands, debts, liens, claims damages, liability, cost, expense, to the extent that injury or damage results from the gross negligence or willful misconduct of Landlord or Landlord’s officers, employees, contractor’s or agents with respect to the Building or Premises.
8.3 Tenant Insurance. During the term of this License, Tenant shall, at its own expense, maintain a program of insurance as set forth herein, insuring against claims for injury, damage, or loss that may arise from or in connection with its performance or nonperformance pertaining to this Lease. Tenant shall name Landlord, its officers, employees and agents additional insured on any and all commercial general liability insurance and shall reference this License. Tenant shall furnish Landlord with satisfactory evidence of insurance and the additional insured endorsement prior to commencement of the use under this License. Tenant shall also furnish a copy of a certificate evidencing compliance with Section 3700 of the California Labor Code, which requires every employer to maintain workers’ compensation coverage or self-insurance in lieu thereof.
Each insurance policy shall be endorsed to state that coverage shall (i) be purchased in the State of California, (ii) be primary and non-contributory, (iii) be rated no less than B+, according to industry standard accepted insurance guidelines, and (iv) not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice or ten (10) days advance written notice prior to cancellation for nonpayment of premiums. General liability insurance shall provide coverage for injury, damage and loss, including, but not limited to, premises and operations, contractual liability, independent contractors, broad from legal liability, fire legal liability, and personal injury within minimum limit of One Million Dollars ($1,000,000.00), aggregate limits of Two Million Dollars ($2,000,000.00) for operations by Tenant within Maywood. If coverage is written on a claims made form, such coverage shall be endorsed to provide an extended reporting period of not less than one (1) year following termination of this License Agreement. Tenant is commercially insured for general liability insurance and maintains coverage as described above. Tenant may, at Tenant’s option, choose to self-insure provided Tenant notifies Landlord of such change and scope of coverage. Tenant’s insurance (or self-insurance) shall be primary (such that claims should not be made on Landlord’s insurance, if any).
9. TERMINATION.
This Agreement may be terminated (i) by either party upon written notice to the other for breach of any provision hereof that is not cured within ten (10) business days after written notice, or (ii) by Tenant upon ninety (90) days’ prior written notice if major funding sources are terminated or withheld or if sufficient numbers of qualified pupils are not available to fill the classes. Any termination notice hereunder shall he served by certified mail as follows:
City of Maywood
4319 W. Slauson Avenue
Baldwin Park Unified School District
P.O. Box 3699
3699 North Holly Avenue
Lease Agreement w/ BPUSD ‘24 -4-
Maywood, CA 90270
Attn: City Manager
Baldwin Park, CA 91706
Attn: Director, Early Childhood Education
10. INDEPENDENT CONTRACTOR.
Tenant are and at all times shall remain as to Landlord wholly independent contractors.
Contractor and Tenant shall not, at any time or in any manner, represent that they or any of their principals or employees are officers, employees or agents of the Landlord. Contractor and Tenant shall comply with all applicable provisions of the Workers' Compensation Act and Labor Code of the State of California. Neither Contactor, Tenant, nor any of their principals or employees, shall have any claim or right to any benefits or privileges available to an employee of the Landlord such as retirement, health insurance and other similar benefits and shall be responsible for all such benefits, at its own cost and expense.
11. ENTIRE AGREEMENT OF THE PARTIES.
This Agreement supersedes any and all Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing executed by the parties hereto. The covenants and agreements contained herein are binding on the parties hereto, their legal representatives, heirs, successors and assigns.
12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
13. VENUE.
This Agreement is made, entered into, executed and is to be performed in Maywood, Los Angeles County, California and any action filed in any court or for arbitration for the interpretation, enforcement and/or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Los Angeles County, California.
14. COUNTERPARTS.
This Agreement may be executed in any number of counterparts each of which shall be deemed an original, and all of which shall constitute one and the same instrument.
15. TIME OF ESSENCE.
Time is of the essence of every provision hereof in which time is a factor.
16. POSSESSORY INTEREST TAXES.
Lease Agreement w/ BPUSD ‘24 -5-
TENANT ACKNOWLEDGES AND AGREES THAT FOR SO LONG AS THE
BUILDING IS OWNED BY THE CITY OR ANY OTHER PUBLIC ENTITY OR
GOVERNMENT, INCLUDING WITHOUT LIMITATION A MUNICIPAL CORPORATION, THIS LEASE AND TENANT’S INTEREST HEREUNDER MAY CONSTITUTE A
POSSESSORY INTEREST SUBJECT TO PROPERTY TAXATION AND AS A RESULT
TENANT MAY BE SUBJECT TO THE PAYMENT OF POSSESSORY INTEREST TAXES LEVIED ON THAT INTEREST. IF TENANT DOES NOT ESTABLISH WITH THE COUNTY
THAT IT IS EXEMPT, TENANT SHALL PAY SUCH TAXES WHEN DUE, TO THE COUNTY/LEVYING AUTHORITY.
17. CONDITION OF PREMISES.
17.1 Tenant acknowledges that Tenant is in possession of the Premises, has thoroughly inspected the Premises and accepts the Premises in their current “AS-IS” condition, without representation or warranty, express or implied.
17.2 The Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the Premises and determine whether the Premises comply with all of the applicable construction-related accessibility standards under state law.
Although state law does not require a CASp inspection of the Premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
In that regard, the parties agree that in the event Tenant requests a CASp inspection, Tenant shall pay any such inspection fees and the cost of making any such repairs.
18. LANDLORD’S GOVERNMENTAL CAPACITY.
Notwithstanding anything contained in this Lease to the contrary, Tenant acknowledges that Landlord is acting in its proprietary capacity, is entering into and complying with this Lease, and that nothing contained in this Lease shall require Landlord, in its capacity as a governmental entity, to act in any predetermined manner in connection with its actions as a governmental entity, as opposed to its actions as a contracting party pursuant to this Lease.
19. MEMORANDUM OF LEASE.
Concurrently with the execution and delivery of this Lease, Tenant shall also execute, acknowledge and deliver to Landlord a Memorandum of Lease in the form attached hereto as Exhibit “B” for recording. Tenant shall not record this Lease, any notice of other memorandum of this Lease. Upon the expiration or any earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord a termination of such recorded Memorandum of Lease and/o quitclaim deed in the form prepared by Landlord and submitted to Tenant.
Lease Agreement w/ BPUSD ‘24 -6-
EXECUTED in duplicate at Maywood, California on the date and year first herein above written.
TENANT:
BALDWIN PARK UNIFIED SCHOOL
DISTRICT
By:
Name:
Title:
LANDLORD:
CITY OF MAYWOOD
By:
Name:
Title:
ATTEST: ATTEST:
City Clerk
APPROVED AS TO FORM:
Roxanne Diaz, City Attorney
Lease Agreement w/ BPUSD ‘24 12501-0003\2268047v2.doc A-1 EXHIBIT "A"
DESCRIPTION/DIAGRAM OF LEASED PREMISES
(Attached)
Lease Agreement w/ BPUSD ‘24 B-1
EXHIBIT "B"
FORM OF MEMORANDUM OF LEASE
(Attached)
Lease Agreement w/ BPUSD ‘24 B-2
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Maywood
4319 W. Slauson Avenue
Maywood, CA 90270
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned declare that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922.
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE (this “Memorandum”) is dated as of April 24, 2024, and is entered into by and between BALDWIN PARK UNIFIED SCHOOL DISTRICT (“Tenant”), and the CITY OF MAYWOOD (“Landlord”).
RECITALS
A. Tenant and Landlord have entered into that certain Lease dated July 1, 2024, (the “Lease”), pursuant to which Landlord has agreed to lease and demise to Tenant, and Tenant has agreed to lease and accept from Landlord, a portion (the “Premises”) of that certain building located in the City of Maywood, County of Los Angeles, State of California, commonly known as 4801 E. 58th Street. The Premises are more particularly described in the Lease.
B. Landlord and Tenant now desire to enter into this Memorandum to comply with applicable law requiring that municipal leases be recorded.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Tenant and City agree as follows:
1. Lease. Landlord hereby leases and demises to Tenant, and Tenant hereby leases and accepts from Landlord, the “Premises” at 4801 E. 58th Street described in the Lease from July 1, 2024, to June 30, 2027, at the rental rates and upon the other terms and conditions set forth in the Lease, which are incorporated herein by this reference.
2. Purpose. This Memorandum is prepared for the purposes of recordation only and in no way modifies the terms and conditions of the Lease. In the event any provision of this Memorandum is inconsistent with any term or condition of the Lease, the term or condition of the Lease shall prevail.
Lease Agreement w/ BPUSD ‘24 B-3
3. Counterparts. This Memorandum may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the date first written above.
LANDLORD: TENANT:
CITY OF MAYWOOD
By:
Print Name:
Title:
ATTEST:
_______
City Clerk
BALDWIN PARK UNIFIED SCHOOL DISTRICT
By:
Print Name:
Title:
Lease Agreement w/ BPUSD ‘24 B-4
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
Lease Agreement w/ BPUSD ‘24 B-5
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
c::,
QJ
< ·nQJ-,
m. ,,QJ
.
n
-· ·
-·
-·
QJ.
(7Q
-,
QJ
3 i "ON lN3WHOV ll V.
e'-
o"
0 . <J! .,-
0� -
,-
� I·
,.
' 4 , ,
y D
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 9.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: CONSIDERATION OF REJECTION OF PROPOSALS AND AUTHORIZATION TO
READVERTISE THE REQUEST FOR PROPOSALS (RFP) FOR THE MAYWOOD ADA
SELF EVALUATION AND TRANSITION PLAN
RECOMMENDATION:
Staff recommends that the City Council reject all proposals and authorize the City Manager to readvertise the RFP for the Maywood ADA Self Evaluation and Transition Plan.
BACKGROUND:
The project includes seeking qualified vendors to provide professional services for the Preparation of ADA Self Evaluation and Transition Plan.
On February 12, 2024, staff advertised an informal Request for Proposals (RFP) on PlanetBids. Proposals were due on March 12, 2024, at 5:00 p.m.
DISCUSSION:
On March 12, 2024, the City received two proposals from Jensen Hughes and Miller Architecture.
Staff reviewed the proposals and determined that the requested services will exceed the contract threshold identified on City Municipal Code Section 3-4.08 (d), and therefore, the scope of services prepared for this contract requires City Council approval. Attachment 1 provides a copy of the Request for Proposals prepared for the requested services.
The project scope includes:
1. Identify City programs, activities, and services that may be discriminatory to people with disabilities and identify any existing obstacles limiting accessibility;
2. Review City policies, practices, and procedures which govern the administration of City programs, activities, and services;
3. Provide a detailed outline of methods necessary to remove program accessibility barriers;
4. Conduct ADA compliance evaluation of City buildings and park amenities; and
5. Prepare the City’s ADA Self Evaluation and Transition Plan.
As part of the scope, the selected consultant will review existing City buildings, parks and open spaces, and
public right of way (curb ramps, sidewalk, etc.). The facilities as part of the transition plan include:
• City Council Chamber (2nd floor @ City Hall)
• City Hall (Public Counter)
• City Hall (Elevator Access)
• City Hall Parking Lot
• Public Works Yard
• Maywood Cesar Chavez Library
• Maywood Boxing Club
• Maywood Boxing Club Parking Lot
• Riverfront Park
• Riverfront Park Parking Lot
• Maywood Park/Maywood Parks and Recreation Buildings
• Pine Avenue Park
• Benito Juarez Park
• Pixley Park
Staff recommends that the City Council reject all proposals and authorize the City Manager to readvertise the RFP for the Maywood ADA Self Evaluation and Transition Plan.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENT(S)
1. Attachment 1, Request for Proposal
Rev 01-2024
City of Maywood
Request for Proposals
to Provide Professional Services
for the Preparation of ADA Self Evaluation Report
and Transition Plan
Date of Issuance: April 25, 2024
RESPONSES MUST BE RECEIVED NO LATER THAN
5:00 p.m., May 23, 2024
SUBMIT PROPOSALS TO:
The City will be receiving bids electronically via City of Maywood’s Planetbids portal at https://pbsystem.planetbids.com/portal/64496/portal-home
TABLE OF CONTENTS
I. PURPOSE 1
II. BACKGROUND 1
III. SCOPE OF SERVICES 1
IV. SCHEDULE 9
V. LIST OF INTERESTED PROPOSERS 9
VI. QUESTIONS 9
VII. SUBMITTAL PROCEDURES 9
VIII. SUBMITTAL FORMAT 9
IX. AGREEMENT FOR PROFESSIONAL SERVICES 11
X. GENERAL ADMINISTRATIVE INFORMATION 12
XI. SUBMITTAL DUE DATE 12
XII. SELECTION PROCESS 13
XIII. AUTHORITY TO WITHDRAW 13
XIV. AWARD OF CONTRACT 14
XV. ATTACHMENTS 14
1 I. PURPOSE
The purpose of this Request for Proposals (RFP) is to select the most-qualified Consultant to provide Professional Services for the Preparation of ADA Self Evaluation Report and Transition Plan. The City wishes to obtain the requested services under a Professional Services Agreement. The City will award no more than one contract on a not-to-exceed basis.
II. BACKGROUND
The City of Maywood is a General Law City, with a Council/Manager form of government.
The City of Maywood is seeking proposals from qualified vendors to provide Professional Services for the Preparation of ADA Self Evaluation Report and Transition Plan.
III. SCOPE OF SERVICES
The City of Maywood is seeking proposals from qualified vendors to provide Professional Services for the Preparation of ADA Self Evaluation Report and Transition Plan.
The following is a general outline of the scope of work to be provided by the Consultant.
While it is believed that this scope includes all elements essential to complete the project, proposing firms are advised to include any items that they believe may be necessary to complete the project. Proposing firms may also note any required items that they believe may be excessive or unnecessary. The cost of such items should be separately noted in their proposals. Services required to complete this update shall include:
Upon acceptance of the successful response to this Request for Proposals (RFP), the selected firm will utilize the “Scope of Work” as part of the contract entered with the City.
The selected firm will be expected to perform all technical and other analyses necessary to complete the scope of work, including but not limited to, the following:
1. Identify City programs, activities, and services that may be discriminatory to people with disabilities and identify any existing obstacles limiting accessibility;
2. Review City policies, practices, and procedures which govern the administration of City programs, activities, and services;
3. Provide a detailed outline of methods necessary to remove program accessibility barriers;
4. Conduct ADA compliance evaluation of City buildings and park amenities; and
5. Prepare the City’s ADA Self Evaluation and Transition Plan.
The scope of services for this project shall include, but is not limited to, the following:
Task 1 – Oversee Development and Execution of Self Evaluation Report and ADA Transition Plan
1. The consultant shall develop a process, procedures, and forms needed to conduct the Self- Evaluation of the City’s programs, activities, and services for ADA
2 requirement compliance, including the compilation of the final Self Evaluation report.
a. Develop a master list of City programs, services, and activities; accessibility policies; disability customer service training; communication practices; available information on accessibility, etc.
b. Review appropriate City plans, reports, and programs as well as meet with City staff to gain insight into the City’s facilities and programs in order to identify issues, which may be discriminatory to people with disabilities. The review will also include City policy documents that affect the public. The review should evaluate the current level of program accessibility, including eligibility requirements, participation requirements, facilities used, transportation, communication, grievance procedures, and emergency procedures.
c. Administer Barrier Assessment Surveys to collect information on each program and activity. Surveys should encourage staff to provide details regarding forms and methods used to advertise program or department activities and services, profile of current participants, the types of equipment and materials used, testing and entrance requirements, amount of staff training, and list any specific modifications that are needed or have been provided in the past.
d. Based on Barrier Assessment Surveys and policy reviews, evaluate the effectiveness of existing ADA program services and provide recommendations where deficiencies are identified.
e. Summarize the data and findings in the Self Evaluation and ADA Transition Plan, including Barrier Assessment Surveys and Access Compliance Assessment Reports for City buildings, parks, programs, communications, open spaces, and public rights-of-way as described in Task 2 and Task 3 below.
f. Meet with City staff at least three times, including a kick-off meeting, interim progress meeting, and completion meeting. This will be in addition to any required site visits and City staff meetings deemed necessary by the consultant for self-evaluation investigations and document research.
Task 2 - Conduct Comprehensive Facility Surveys and Barrier Assessments
1.Buildings
a. Identify which City buildings are subject to the requirements of the ADA, and develop assessments, including but not limited to, path of travel and Barrier Assessment Surveys, listing each item. This includes City-owned parking garages and tenant occupied City- owned buildings, including but not limited to, common areas throughout such buildings. b. Conduct Barrier Assessment Surveys with field reviews of all public buildings in Maywood that provide programs, services, or activities to the public, as appropriate. The Surveys will identify physical barriers in each facility that could limit accessibility and compare each facilities to the State
3 Title 24 Building Code and the Federal ADA Accessibility Guidelines (ADAAG).
i. Based on the Barrier Assessment Surveys, develop Access Compliance Assessment Reports (ACARs) in order to support the comprehensive assessment process, which shall include:
1. executive summary;
2. as-build verifications as it relates to ADA access;
3. barrier description and severity rating to measure relative impact to access;
4. digital photograph(s) and documentation of each barrier;
5. reference drawings/maps showing the specific location of the barrier;
6. proposed solution(s) to eliminate the barrier; and
7. individual detailed cost estimates for each solution. c. The consultant shall review all ACARs and develop facility diagrams for each building showing interior and exterior areas to be included in the ADA Transition Plan as appropriate, and provide a comprehensive report. The consultant shall summarize the ACARs and identify issues that may limit physical access to individuals with disabilities to public areas where program, services, or activities take place. Each section of the Self Evaluation Report shall include a feasible solution, cost estimate for eliminating each barrier and the priority level of the project. d. Refer to Appendix A for a table that includes all City-owned buildings.
2.Parks and Open Spaces
a. Identify which parks, trails, outdoor facilities, and open spaces are subject to the requirements of the ADA, and develop Barrier Assessment Surveys, listing each item.
b. Conduct Barrier Assessment Surveys with field reviews of all parks, trails, outdoor facilities, and open spaces in Maywood that provide programs, services, or activities to the public, as appropriate. The Surveys will identify physical barriers in each park, trail, outdoor facility, and open space that could limit accessibility as identified in the State Title 24 Building Code and the Federal ADA Accessibility Guidelines (ADAAG).
i. Based on the Barrier Assessment Surveys, develop Access Compliance Assessment Reports (ACARs) in order to support the comprehensive assessment process, which shall include:
1. executive summary;
2. as-build verifications as it relates to ADA access;
3. barrier description and severity rating to measure relative impact to access;
4. digital photograph(s) and documentation of each barrier;
5. reference drawings/maps showing the specific location of the barrier;
6. proposed solution(s) to eliminate the barrier; and
7. individual detailed cost estimates for each solution.
4 c. The consultant shall review all ACARs and develop facility diagrams showing areas to be included in the ADA Transition Plan as appropriate, for each park, trail, outdoor facility, and open space. The consultant shall summarize the ACARs and identify issues that may limit physical access to individuals with disabilities to public areas where program, services, or activities take place. Each Section of the Self Evaluation Report shall include a feasible solution, cost estimate for eliminating each barrier and the priority level of the project.
d. Refer to Exhibit A for a table identifying all parks and park facilities.
3.Public Rights-of-Way
a. Identify which public rights-of-way, including but not limited to, crosswalks, pathways, sidewalks, and curb ramps, are subject to the requirements of the ADA, and develop Barrier Assessment Surveys, listing each item. b. Conduct Barrier Assessment Surveys with field reviews of all public rightsof-way in Maywood, as appropriate. The Surveys will identify physical barriers in public rights- of-way that could limit accessibility and compare these areas to the draft Public Rights of Way Guideline (PROWAG) from the U.S. Access Board, the Federal Highway Administration’s California Edition of the Manual on Uniform Traffic Control Devices (MUTCD), California Code of Regulations/Title 24, State Title 24 Building Code, and the Federal ADA Accessibility Guidelines (ADAAG).
i. Based on the Barrier Assessment Surveys, develop Access Compliance
Assessment Reports (ACARs) in order to support the
comprehensive assessment process, which shall include:
1. executive summary;
2. as-build verifications as it relates to ADA access;
3. barrier description and severity rating to measure relative impact to access;
4. digital photograph(s) of each barrier to access;
5. reference drawings/maps showing the specific location of the barrier;
6. proposed solution(s) to eliminate the barrier; and
7. individual detailed cost estimates for each solution. c. The consultant shall review all ACARs and develop facility diagrams showing all areas to be included in the ADA Transition Plan, as appropriate. The consultant shall summarize the ACARs and identify issues that may limit physical access to individuals with disabilities to public rights-of way. Each section of the Self Evaluation Report shall include a feasible solution, cost estimate for eliminating each barrier and the priority level of the project.
4.City Programs and Services
a. Identify which City programs and services including but not limited to,
5 classes, workshops, meetings, and events, are subject to the requirements of the ADA, and develop Barrier Assessment Surveys, listing each item. b. Conduct Barrier Assessment Surveys with field reviews of all City programs and services, as appropriate. The Surveys will identify barriers in City programs and services that could limit accessibility.
i. Based on the Barrier Assessment Surveys, develop Access Compliance Assessment Reports (ACARs) in order to support the comprehensive assessment process, which shall include:
1. executive summary;
2. barrier description and severity rating to measure relative impact to access;
3. reference drawings/maps showing the specific
characteristics of the barrier;
4. proposed solution(s) to eliminate the barrier; and
5. individual detailed cost estimates for each solution. c. The consultant shall review all ACARs and develop drawings/diagrams showing all programs and services to be included in the ADA Transition Plan, as appropriate. The consultant shall summarize the ACARs and identify issues that may limit physical or other access to individuals with disabilities to City Programs and Services. Each section of the Self Evaluation Report shall include a feasible solution, cost estimate for eliminating each barrier and the priority level of the project.
5.City Communications and Webpages
a. Identify which City communications and webpages including but not limited to, sign-up forms, registration forms, and website formatting, are subject to the requirements of the ADA and develop Barrier Assessment Surveys, listing each item.
b. Conduct Barrier Assessment Surveys and review all City communications and webpages, as appropriate. The Surveys will identify barriers in City communications and webpages that could limit accessibility. i. Based on the Barrier Assessment Surveys, develop Access Compliance Assessment Reports (ACARs) in order to support the comprehensive assessment process, which shall include:
1. executive summary;
2. barrier description and severity rating to measure relative impact to access;
3. reference drawings/diagrams showing the specific
characteristics of the barrier;
4. proposed solution(s) to eliminate the barrier; and
5. individual detailed cost estimates for each solution. c. The consultant shall review all ACARs and develop drawings/diagrams showing all communications and applicable webpages to be included in the ADA Transition Plan. The consultant shall summarize the ACARs and identify issues that may limit physical or other access to individuals with disabilities to City Communications and Webpages. The Self Evaluation
6 Report shall include a feasible solution, cost estimate for eliminating each barrier and the priority level of the project.
Task 3 - Comprehensive ADA Self Evaluation and Transition Plan
1. Develop a comprehensive ADA Self-Evaluation and Transition Plan based upon the results of the barrier assessments, policy reviews, and City staff guidance.
The ADA Transition Plan shall include all requisite information necessary to comply with Title II of the ADA for such a plan, including but not limited to, the following:
a. methodology for the self-evaluation of existing barriers to accessibility including how to remove them;
b. summary of findings of the self-evaluation of facilities, policies, programs, and practices;
c. recommendations of remedial measures to correct deficiencies and a methodology for the prioritization of barrier remediation; d. cost estimates of remediation measures;
e. implementation schedule that includes milestones or measures of achievement for monitoring implementation;
f. procedures and forms for monitoring implementation;
g. procedures for periodically reviewing and updating the ADA Transition Plan;
h. procedures and forms for performing evaluations of additional barriers; i. procedures and forms for filing Requests for Accommodation; j. list of references and contact information for ADA and accessibility related resources; and
k. identification of the official(s) who will be responsible for implementation of the plan.
2. Present the draft ADA Transition Plan, and subsequently, the final proposed ADA Transition Plan and findings to City staff.
3. Finalize the ADA Transition Plan and present the finding to the City Council.
4. Provide six (6) bound copies of the final Self-Evaluation Report and ADA Transition Plan to the City.
a. Provide editable electronic copies in both Microsoft Word and PDF formats. All data files and project maps and drawings associated with the Self-Evaluation Report and the ADA Transition Plan shall be delivered to the City and become the property of the City.
5. Both the Self-Evaluation Report and the ADA Transition Plan shall be completed within nine (9) months of the first meeting with City staff.
Summary of Deliverables
7 The following list includes, but is not limited to, all anticipated deliverables required to complete the project and shall be provided by the Consultant as part of the performance of this contract:
1. Self Evaluation process recommendations including proposed procedures and forms;
2. Draft Barrier Assessment Surveys for all City Buildings, Parks, Open Spaces, Public Rights-of-Way, Programs, Services, Communications, and Webpages subject to the requirements of the ADA, in hard-copy and electronic formats;
3. Final Barrier Assessment Surveys for all City Buildings, Parks, Open Spaces, Public Rights-of-Way, Programs, Services, Communications, and Webpages subject to the requirements of the ADA, in hard-copy and electronic formats;
4. Draft Access Compliance Assessment Reports for all City Buildings, Parks, Open Spaces, Public Rights-of-Way, Programs, Services,
Communications, and Webpages subject to the requirements of the ADA, in hard-copy and electronic formats;
5. Final Access Compliance Assessment Reports for all City Buildings, Parks, Open Spaces, Public Rights-of-Way, Programs, Services,
Communications, and Webpages subject to the requirements of the ADA, in hard-copy and electronic formats;
6. Draft Self Evaluation Report submitted in hard-copy and electronic formats;
7. Final Self Evaluation Report submitted in hard-copy and electronic formats;
8. Public meeting agendas and minutes, as appropriate;
9. Draft “Self Evaluation Report and ADA Transition Plan” submitted in hardcopy and electronic formats;
10.Final “Self Evaluation Report and ADA Transition Plan” submitted in hardcopy and electronic formats;
11.Consultant shall attend at least two City Council meetings, at the request of City staff, to present the “Self Evaluation Report and ADA Transition Plan” for review and adoption; and
12.Projects meetings with City staff as needed.
The City shall have the authority to prioritize projects on the final Transition Plan based on which sites get the most foot-traffic. See below for City Facilities:
8 City of Maywood Facility Locations
Facility: Location:
City Council Chamber (2nd floor @ City Hall) 4319 E. Slauson Ave. Maywood, CA 90270 City Hall (Public Counter) 4319 E. Slauson Ave. Maywood, CA 90270 City Hall (Elevator Access) 4319 E. Slauson Ave. Maywood, CA 90270 City Hall Parking Lot 4319 E. Slauson Ave. Maywood, CA 90270 Public Works Yard 5600 Heliotrope Ave. Maywood, CA 90270 Maywood Cesar Chavez Library 4323 Slauson Ave. Maywood CA 90270 Maywood Boxing Club 4747 E. 56th St Maywood, CA 90270
Maywood Boxing Club Parking Lot 4747 E. 56th St Maywood, CA 90270 Riverfront Park 5000 Slauson Ave. Maywood, CA 90270
Riverfront Park Parking Lot 5000 Slauson Ave. Maywood, CA 90270 Maywood Parks/Maywood Parks and
Recreation Buildings 4801 E. 58th St Maywood, CA 90270
9 Maywood Parks/Maywood Parks and
Recreation Buildings Parking Lot 4801 E. 58th St Maywood, CA 90270 Pine Avenue Park 5313 Pine Ave Maywood, CA 90270
Benito Juarez Park 5515 Maywood Ave Maywood, CA 90270
Pixley Park 3626 E. 56th St Maywood, CA 90270
IV. SCHEDULE
Deadlines
Release of Requests for Proposals April 25, 2024
Submittal of Questions May 9, 2024 by 3:00 pm
Response to Questions May 13, 2024 by 5:00 pm
Proposal Due Date May 23, 2024 by 5:00 pm
Proposal Review/Evaluation June 2024
Optional Interview (if required) June 2024
Tentative City Council award June 2024
Tentative Start date July 2024
* These dates are anticipated and may change.
V. LIST OF INTERESTED PROPOSERS
The full content of the RFP is available electronically via City of Maywood’s Planetbids portal at https://pbsystem.planetbids.com/portal/64496/portal-home. If addendums are necessary, they will be posted on Planetbids as well. All respondents interested in proposing on this RFP are encouraged to sign-up on Planetbids to receive any project updates, addendums, changes or responses to written inquires.
10 VI. QUESTIONS
All questions regarding this RFP shall be submitted via Planetbids. The date and time when questions must be submitted are shown in “Section IV-Schedule” of this RFP.
Questions with their answers will be posted on Planetbids.
VII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP and Respondents shall provide electronic copy (pdf) of the proposal.
All proposal submittals shall be submitted electronically via City’s Planetbids portal no later than May 23, 2024 at 5:00 p.m.
VIII. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below.
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type.
Proposals shall be valid for a minimum of 90 days following submission. Colored displays, promotional materials, etc., are not necessary or desired. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.
A. WORK PROPOSAL
1. Cover Letter
a. Provide a cover letter including the Respondent’s name, address and telephone number of the contact person(s) who is authorized to submit the proposal on behalf of the
Respondent. The cover letter shall include a brief general statement of intent to perform the services and correspondent that all elements of the RFP have been reviewed and
understood. The letter should include a brief description of the Respondent’s Respondent. The letter should be signed by an individual who can bind the Respondent contractually. b. There shall be one person from the Respondent identified in the proposal who shall be the Respondent’s designated
representative and who is responsible for the services listed in "Section III - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.
2. Table of Contents
11 a. Include a table of content identifying the contents of the proposal in a format consistent with the proposal
requirements and format set forth herein.
3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel.
Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion
demonstrating that the Respondent has the resources
(financial, equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.
b. At a minimum, Respondent should have at least five (5) years of consecutive experience.
c. Provide at least five references that received similar services from Respondent at a minimum over the last five years.
Include name of organization, contact name, telephone
number and email address.
d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their
education, credentials, licensing, training and related experience and their proposed roles for this contract.
e. Provide an organization chart of the proposed team, including a contingency plan should a member of the proposed team be unable to fulfill their responsibilities.
f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.
4. Approach to Scope of Services
a. This section should set forth a comprehensive description of the approach to providing the Scope of Services and should clearly demonstrate an understanding of the City’s
requirements, the work to be done and the objectives to be accomplished.
b. Provide a description of the work plan for the services describing how each task under the Scope of Services will be accomplished. This may be used as an Exhibit for the Scope of Services to the agreement.
c. Provide any other information or tasks that Respondent believes necessary to complete the Scope of Services.
12 B. COST PROPOSAL
The Cost Proposal shall be submitted as a separate electronic (pdf) file on Planetbids.
Fee shall be provided in detail in a format to allow the City to analyze and evaluate applicable costs. Detailed breakdown shall include tasks, staff classifications, hours and fees. Consultant shall submit a not to exceed lump sum fee.
Consultant shall also provide its Schedule of Standard Hourly Fee Rates.
IX. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 1) is included for review and comment. The Respondent’s submission of a proposal indicates Respondent’s compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter, however, the City maintains discretion to accept or reject the Respondent’s request for revisions. The City reserves the right to make any revisions to the proposed professional services agreement.
X. GENERAL ADMINISTRATIVE INFORMATION
All respondents are advised to become familiar with all conditions, instructions and specifications of this RFP. By submitting a proposal, Respondent represents that it has thoroughly examined and become familiar with the work required under this RFP and that the Respondent has conducted such additional investigation as it deems necessary and convenient (i.e. visiting the locations), that Respondent is capable of providing the equipment, goods and services necessary to furnish landscape maintenance in a manner that meets the City’s objectives in this RFP. Once the contract has been made, a failure to have read the conditions or conduct any investigations of the properties shall not be cause to alter the contract or for Respondent to request additional compensation.
Each Respondent understands and agrees that the City, its departments, its officers, employees or agents are not responsible for:
• Any costs incurred by a Respondent in the preparation, delivery or presentation of a proposal.
• Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the Respondent in the preparation of a proposal pursuant to this Request for Proposals only.
The selected Respondent shall comply with any and all Federal and State laws applicable to the services. All proposals submitted to the City of Maywood in response to this RFP
13 shall become the property of the City and will not be returned and such proposals, after the agreement is awarded, are subject to the California Public Records Act.
The City reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.
The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive irregularities and technical defects in the proposal process, all in its sole discretion. The City has no obligation, express or implied, to make an award.
The City may reject proposals from Respondents who cannot satisfactorily provide the experience and qualifications required by this RFP and/or provides the scope of services required herein. The City reserves the right to seek new proposals when it determines that it is in the best interest to do so.
XI. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section IV - Schedule" of this RFP. Submittals arriving after the deadline will not be considered.
XII. SELECTION PROCESS
All proposals timely received shall be reviewed to verify that the proposal meets the minimum requirements and qualifications. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the professional services agreement, may be eliminated from further consideration at the discretion of the City. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Maywood personnel.
The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City’s final selection will not be dictated on any single factor or criteria including price. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, notwithstanding the criteria set forth herein, including negotiating with one or more of the Respondents for the same services.
City will evaluate the proposals provided in response to this RFP based on the following criteria:
1. The City will evaluate Respondents based on meeting all of the City’s requirements and who offers the most advantageous combination of cost and high quality service. In addition to cost, however, the City will consider the quality of services proposed, the financial qualification of, and the work experience of the proposer in determining the best value to the City.
2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
b. Qualifications and experience of proposer, including experience and qualifications of key personnel and staff
14 c. Similar experience and expertise in the type of work required, with the City or with other public agencies
d. Demonstrated understanding of the scope of services requested as well as capacity of respondent
e. References
f. Financial stability of proposer
g. Cost to the City
h. Oral interviews, if applicable.
i. Any other factors determined by the City to be relevant to the performance of these services.
XIII. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this Request for Proposals without prior notice. The City of Maywood makes no representation that any agreement will be awarded to any Respondent as a result of having responded to this request. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned.
XIV. AWARD OF CONTRACT
Based on the outcome of the evaluation committee’s evaluation of the proposals, a recommendation will be submitted to the City Council for consideration of award. An award of a contract occurs when the contract is approved by the Maywood City Council.
Selection of a respondent with whom the City enters into contract negotiations with or a recommendation of an award by the evaluation committee or any other party, does not constitute an award of a contract. The contract shall be in accordance with the attached Agreement.
XV. ATTACHMENTS
Attachment 1. Form Professional Services Agreement
ATTACHMENT 1
Form Professional Services Agreement
Ver. 3/2020
12501-0001\2293691v1.doc
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated __________, 20__ (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and _____________ (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform ____________________________________.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be ________________(the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
-2- Ver. 3/2020
12501-0001\2293691v1.doc
Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
H. Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C hereto.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through _________________, unless sooner terminated as provided in Section 13 of this Agreement or extended.
3. Compensation.
Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, __________________, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $___________, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).
Expenses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative
-3- Ver. 3/2020
12501-0001\2293691v1.doc
shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures.
City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent Contractor.
A. Consultant is an independent contractor and not an employee of the City.
All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Maywood business license. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
B. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.
Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel
-4- Ver. 3/2020
12501-0001\2293691v1.doc
shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
C. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
D. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, 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. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
6. PERS Compliance and Indemnification
-5- Ver. 3/2020
12501-0001\2293691v1.doc
A. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from (i) any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 6; or (ii) in the event that Consultant or any employee, agent or subcontractor of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction and/or by PERS to be eligible for enrollment in PERS as an employee of the City. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
7. Information and Documents.
Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, 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 shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City
-6- Ver. 3/2020
12501-0001\2293691v1.doc
and to provide City with 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 the response.
All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
8. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subconsultants shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
9. Indemnification, Hold Harmless, and Duty to Defend.
Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their
-7- Ver. 3/2020
12501-0001\2293691v1.doc
officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).
Other Indemnities.
i. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. ii. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may 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 subparagraph B.2). iii. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s
-8- Ver. 3/2020
12501-0001\2293691v1.doc
subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against City. a. Survival of Terms. The indemnification in this Section shall survive the expiration or termination of this Agreement.
10. Insurance.
Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.
Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for
-9- Ver. 3/2020
12501-0001\2293691v1.doc
bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees.
4) 󠇯 If this box is checked, Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in aggregate.
Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.
Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
-10- Ver. 3/2020
12501-0001\2293691v1.doc
City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 9 of this Agreement.
SubConsultant Insurance Requirements. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
11. Mutual Cooperation.
City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
12. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the 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 City, its designees and representatives at reasonable times, and shall allow City to
-11- Ver. 3/2020
12501-0001\2293691v1.doc
examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect 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 years after receipt of final payment.
13. Termination of Agreement.
Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least ten calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
14. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
15. Default.
Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
In addition to the right to terminate pursuant to Section 13, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default.
Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision
-12- Ver. 3/2020
12501-0001\2293691v1.doc
of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
16. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: City Manager _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it
-13- Ver. 3/2020
12501-0001\2293691v1.doc
be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.
22. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
23. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
24. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
25. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written
-14- Ver. 3/2020
12501-0001\2293691v1.doc
understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
26. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
27. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
28. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
29. Business Days. “Business days” means days Maywood City Hall is open for business.
30. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.
31. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
32. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
33. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
-15- Ver. 3/2020
12501-0001\2293691v1.doc
34. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
-16- Ver. 3/2020
12501-0001\2293691v1.doc
The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Maywood,
a California municipal corporation
By:
[INSERT NAME]
Mayor of the City of Maywood
ATTEST:
By:
Flor Aguiluz, City Clerk
APPROVED AS TO FORM:
By:
Roxanne Diaz, City Attorney
Consultant:
NAME OF CONSULTANT
By:
Name: ___________________
Title: ____________________
A-1
12501-0001\2293691v1.doc
EXHIBIT A
SCOPE OF SERVICES
B-1
12501-0001\2293691v1.doc
EXHIBIT B
COMPENSATION
C-1
12501-0001\2293691v1.doc
EXHIBIT C
LABOR CODE REQUIREMENTS
C-2
12501-0001\2293691v1.doc
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City
C-3
12501-0001\2293691v1.doc
of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.
8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.
10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
C-4
12501-0001\2293691v1.doc
12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 10.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MOHAMMAD MOSTAHKAMI, PE
SUBJECT: CONSIDERATION OF APPROVAL OF AMENDMENT NO. 2 TO MEASURE R
FUNDING AGREEMENT BETWEEN CITY OF MAYWOOD AND THE LOS ANGELES
COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR RIGHT OF WAY
ACQUISITION AND CONSTRUCTION PHASE FOR SLAUSON AVENUE AND
ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS, PROJECT IN THE AMOUNT OF $7,418,150
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 2 to Metro Funding Agreement for Slauson Avenue and Atlantic Boulevard Congestion Relief Improvement Project and Authorize City Manager to execute the Amendment and future Amendments.
BACKGROUND:
Slauson Corridor from Atlantic Avenue to Maywood Avenue is consistently found to be congested and is in need of congestion relief. The City's consultant, Stantec Consulting Services, inc., through previous review, has recommended that the Atlantic Avenue and Slauson Avenue Intersection be widened and traffic signals along Slauson Avenue be upgraded to enhance traffic safety.
In 2020, staff requested and received funding approval for Project Approval and Environmental Documents (PA/ED) and Design Phase of the project from the I-710 Technical Advisory Committee (TAC) and subsequently by the Metro Board. Consequently, the City and Metro entered into a Funding Agreement dated September 1, 2020, for $445,000 in Measure R funds. The Funding Agreement was amended to extend the design and environmental timeline on July 19, 2021.
DISCUSSION:
The project design and CEQA process are complete and Right of Way acquisition process has begun.
To secure funding for the right of way and construction phases of the project staff made a presentation to II710 TAC on June 21, 2023, and requested funding in the amount of $6, 973,150 which was approved by I-710 TAC and subsequently by the Metro Board on January 26, 2024. This brings the total Metro funds for this project to $7,418,150. In order to secure the total project funding of $7,418,150, the attached Metro Funding Agreement Amendment No. 2 with the city needs to be executed by the city. The attached funding agreement amendment also extends the 2018/19 programming lapsing date to June 30, 2025, to prevent loss of funding.
Upon conclusion of right of way acquisition, the construction phase will commence with advertising the project
plans and specifications for construction bids, and it is essential that required construction engineering support and CEQA related monitoring services during construction phase are in place in advance.
Therefore, staff recommends that City Council Approve Amendment No. 2 to Metro Funding Agreement and Authorize City Manager to execute the Amendment and future Amendments.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact on the General Fund for the approval of the Metro Funding Agreement Amendment No.2.
ATTACHMENT(S)
1. MR306.56 FA- Amendment 2 w Attachments Revised
FTIP #: LA9918792
Subregion ID: 37
Project#: MR306.56
Amendment No. 2
FA# 920000000MR306.56
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No. 2 TO MEASURE R FUNDING AGREEMENT
BETWEEN CITY OF MAYWOOD AND THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to the Funding Agreement (this “Amendment”), is dated as of January 1, 2024 by and between the City of Maywood ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into that certain Funding Agreement No. 920000000MR30656 dated September 1, 2020, which was amended on July 19, 2021 (as amended, the "Existing FA"), which Existing FA provides for the Slauson Ave and Atlantic Blvd Congestion Relief Improvements, Project (the “Project”); and B. WHEREAS, the Grantee desires to increase the Project’s budget of Measure R by $6,973,150 from $445,000 to $7,418,150. This amount is within the Board authorized budget increase for the Project, the total new Project budget for Project Approval/Environmental Document (PA/ED), Plan, Specifications and Estimates (PS&E), Right-of-Way (ROW) and Construction is $7,418,150 which was approved by the LACMTA Board on January 26, 2024 and
C. WHEREAS, the Funds are currently programmed for the Project as follows $445,000 in Measure R Funds in FY 2018-19, $594,000 in Measure R Funds in FY 2023-24 and $6,379,150 in Measure R Funds in FY 2024-25. The total designated amount for the Project is $7,418,150; and
D. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates for Measure R funding agreements to meet PA&ED, PS&E, ROW, and Construction time frames; and
E . WHEREAS, the GRANTEE and LACMTA desire to extend the lapsing date of the Project funds programmed for Fiscal Year FY 2018-19 to June 30, 2025; and F. Grantee and LACMTA desire to amend the Existing FA as provided herein.
FTIP #: LA9918792
Subregion ID: 37
Project#: MR306.56
Amendment No. 2
FA# 920000000MR306.56
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part I, Paragraph 2.2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “To the extent the Measure R funds are available, LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $7,418,150 (the “Funds”) for the Project. LACMTA Board of Directors actions on June 27, 2019 and January 25, 2024 granted the Measure R Funds for the Project. The Funds are currently programmed in three Fiscal Years: $445,000 in FY 2018-19; $594,000 in FY 2023- 24; and $6,379,150 in FY 2024-25.”
2. Part II, Section 9.1 (vi) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vi) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY 2018-19 are subject to lapse by June 30, 2025. All Funds programmed for FY 2023-24 are subject to lapse by June 30, 2026. All Funds programmed for FY 2024-25 are subject to lapse by June 30, 2027.”
3. Attachment A of the Existing FA is hereby replaced by Attachment A-1, attached.
4. Attachment B1-2 of the Existing FA is hereby replaced by Attachment B1-3, attached.
5. Attachment C of the Existing FA is hereby replaced by Attachment C-1, attached.
6. Attachment E of the Existing FA is hereby replaced by Attachment E-1. Attached.
7. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
FTIP #: LA9918792
Subregion ID: 37
Project#: MR306.56
Amendment No. 2
FA# 920000000MR306.56
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to the FA to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:
City of Maywood
By: _______________________________________ Date: ____________________ Jennifer E. Vasquez
City Manager
APPROVED AS TO FORM:
By: _______________________________________ Date: ____________________ Roxanne Diaz
City Attorney
3/29/24
FTIP #: LA9918792
SOURCES OF FUNDS FY2018-19 FY2023-24 FY 2024-25 FY2025-26 FY2026-27 FY2027-28 Total Budget
% of Budget
LACMTA PROGRAMMED FUNDING
MEASURE R FUNDS $ 445,000 $ 594,000 $ 6,379,150 $ 7,418,150
LACMTA PROGRAMMED FUNDS BY
YEAR SUBTOTAL $ 445,000 $ 594,000 $ 6,379,150 $ - $ - $ - $ 7,418,150 100% OTHER SOURCES OF FUNDING:
LOCAL: $ - 0%
STATE: $ - 0%
FEDERAL: $ - 0%
PRIVATE OR OTHER: $ - 0%
OTHER FUNDING SUBTOTAL $ - $ - $ - $ - $ - $ - $ - 0%
TOTAL PROJECT FUNDS $ 445,000 $ 594,000 $ 6,379,150 $ - $ - $ - $ 7,418,150 100% ATTACHMENT A-1 - PROJECT FUNDING
Measure R Program - Funding Agreement Projects - FA# 9200000000MR30656 A-1 Project Title: Slauson Ave and Atlantic Congestion Relief Improvements Project#: MR306.56
PROGRAMMED BUDGET - SOURCES OF FUNDS
Rev. 05.03.19 FA Measure R Hwys Gen Attachment A-1 Project Funds
SOURCES OF FUNDS Prior
Expenditures
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED $28,690 $36,310 $65,000
PS&E $163,100 $216,900 $380,000
RW Support $22,000 $22,000 $44,000
Const. Support $30,000 $150,000 $150,000 $150,000 $480,000 RW $550,000 $550,000
Construction $500,000 $1,750,000 $1,750,000 $4,000,000
Total MEASURE R $213,790 $0 $825,210 $30,000 $650,000 $1,900,000 $1,900,000 $5,519,000 PROP C 25%
PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total PROP C 25% $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS: $213,790 $0 $825,210 $30,000 $650,000 $1,900,000 $1,900,000 $5,519,000
PROJECT FUNDING
FY23-24 and FY24-25 $213,790 $0 $825,210 $30,000 $650,000 $1,900,000 $1,900,000 $5,519,000 SOURCES OF FUNDS FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED $0
PS&E $0
RW Support $0
Const. Support $100,000 $57,915 $157,915
RW $0
Construction $1,000,000 $741,235 $1,741,235
Total MEASURE R $0 $1,100,000 $799,150 $0 $0 $0 $0 $1,899,150 PROP C 25%
PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total PROP C 25% $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS: $0 $1,100,000 $799,150 $0 $0 $0 $0 $1,899,150
PROJECT FUNDING
FY25-26 and FY26-27 $0 $1,100,000 $799,150 $0 $0 $0 $0 $1,899,150
SUMMARY OF ALL FUNDS
PAED $28,690 $0 $36,310 $0 $0 $0 $0 $65,000
PS&E $163,100 $0 $216,900 $0 $0 $0 $0 $380,000
RW Support $22,000 $0 $22,000 $0 $0 $0 $0 $44,000
Const. Support $0 $100,000 $57,915 $30,000 $150,000 $150,000 $150,000 $637,915 RW $0 $0 $550,000 $0 $0 $0 $0 $550,000
Construction $0 $1,000,000 $741,235 $0 $500,000 $1,750,000 $1,750,000 $5,741,235 TOTAL MILESTONES $213,790 $1,100,000 $1,624,360 $30,000 $650,000 $1,900,000 $1,900,000 $7,418,150 SUM PROG LACMTA FUNDS $213,790 $1,100,000 $1,624,360 $30,000 $650,000 $1,900,000 $1,900,000 $7,418,150 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $213,790 $1,100,000 $1,624,360 $30,000 $650,000 $1,900,000 $1,900,000 $7,418,150 ATTACHMENT B-1-3 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR30656 A-2 Project Title: Slauson Ave and Atlantic Blvd Congestion Relief Improvements Project#: MR306.56
PROGRAMMED SOURCES OF FUNDS
FTIP #: LA9918792
Subregion ID: I-710 Early Action Projects
(Gateway Cities)
Project#: MR306.56
FA# 9200000000MR30656
Rev: 05.03.19 1 FA Measure R Hwys Gen Attachment C-1 Scope of Work ATTACHMENT C-1
SCOPE OF WORK
PROJECT TITLE:
Slauson Avenue Corridor and Slauson/Atlantic Intersection Congestion Relief Project PROJECT LOCATION:
The project is located along Slauson Avenue and at the intersection of Slauson Avenue and Atlantic Boulevard in the City of Maywood, in the Los Angeles County area.
PROJECT LIMITS:
This project limits are Slauson Avenue between Atlantic Boulevard and Maywood Avenue.
NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:
The purpose of this project is to relieve congestion along the Slauson Avenue Corridor within the City of Maywood, to increase capacity, improve traffic flow and operations by reducing delay from equipment upgrades and traffic signal synchronization, and improve pedestrian safety.
PROJECT BACKGROUND:
This project is located along two regionally significant corridors that have been identified in the I-710 Congestion Relief Program. The level of service of the intersection of Slauson Avenue at Atlantic Boulevard is deficient due to heavy demand of eastbound left-turning vehicles travelling to I-710 onramp. Slauson Avenue is heavily impacted with deficient left-turn lanes. All signalized intersections will be upgraded to include protected left-turn phases which will improve operations.
PROJECT BUDGET:
COMPONENT AMOUNT
PA/ED $65,000
PS and E $380,000
R/W Support $44,000
R/W Capital $550,000
Construction Support $637,915
Construction Capital $5,741,235
Total Budget $7,418,150
SCOPE:
The Project features include, but are not limited to, the following:
Roadway widening at the intersection of Slauson Avenue and Atlantic Boulevard to add an eastbound left-turn lane and a northbound left-turn lane. Implement traffic signal equipment upgrades along the Slauson Avenue corridor between Atlantic Boulevard and Maywood Avenue to add protective left-turn phasing at all intersections, including traffic signal synchronization and coordination for improved intersection operations. Relocate bus stops and install new bus shelters.
FTIP #: LA9918792
Subregion ID: I-710 Early Action Projects
(Gateway Cities)
Project#: MR306.56
FA# 9200000000MR30656
Rev: 05.03.19 2 FA Measure R Hwys Gen Attachment C-1 Scope of Work DESIGN:
I. Preliminary Design – Concept Drawings as Final Work Product Tasks to be performed include, but are not limited to, the following:
A. Account for field visits of the project area to identify design issues. Record existing site conditions in photographs and/or video.
B. Read, review and understand all aspects and goals of the City of Maywood’s General Plan Circulation Element and other plans, as these plans pertain to the widening and ultimate build-out of Slauson Avenue and Atlantic Boulevard.
C. Research and document all affected utilities along Slauson Avenue and Atlantic Boulevard.
D. Create conceptual layout plans to be incorporated into the final design.
E. Identify right-of-way acquisitions and/or impacts to provide for the optimal roadway alignment, which shall incorporate intersection widening, development build outs and preservation of existing improvements and scenic character of the area.
F. Prepare and submit a Project Study Report identifying the ultimate alignment of roadway improvements and possible alternatives as part of the Report. The Consultant shall prepare and provide conceptual layout drawings of the proposed alignment. Right-of-way acquisitions shall be clearly identified.
G. Prepare and submit an Engineer’s cost estimate for all project components, including ROW acquisitions/impacts to implement the recommended improvements identified in the Report.
II. Environmental Analysis
Tasks to be performed include, but are not limited to, the following:
A. Define a complete and detailed project description and delineate project study areas that will meet the needs of technical analyses and Initial Study/Mitigated Negative Declaration (IS/MND).
B. Conduct the required technical analysis for the project.
C. Prepare, following completion of appropriate technical analysis, an Administrative Draft IS, consistent with CEQA Guidelines Appendix G, for review and approval by the City.
D. Prepare the Draft IS and Draft MND for public circulation.
E. Prepare responses to public review of Draft and prepare a Final MND and submit for review to the City.
F. Prepare an MMRP.
G. Coordinate with the City and prepare permit applications/notifications for the Project as applicable.
FTIP #: LA9918792
Subregion ID: I-710 Early Action Projects
(Gateway Cities)
Project#: MR306.56
FA# 9200000000MR30656
Rev: 05.03.19 3 FA Measure R Hwys Gen Attachment C-1 Scope of Work H. Delineation of the Waters of the US will be conducted within the ESL if applicable.
I. Prepare a final Tree report and map.
III. Final Design – Plans, Specifications and Estimates Tasks to be performed include, but are not limited to, the following:
A. Design the ultimate build out of Slauson Avenue and Atlantic Boulevard, and improvements along Slauson Avenue as defined in the “Project Summary Report”.
B. Prepare civil roadway plans for the required improvements, consistent with City format. At a minimum, the plan set shall include Title Sheet, Site Plan, General Construction Notes, Horizontal Control, Typical Sections and Details, Plan and Profile, Drainage/BMP Structure(s) Details, Traffic Striping/Signage/Signal Plans, Street Lighting/Electrical, Bike Lane Plans, and Median/Landscaping Plans.
C. Submittal of plan set shall be delivered at 60% and 90% complete and final.
D. Submit electronically 100% design plans to the City and participate in City Council meetings as necessary.
E. Prepare construction specifications consistent with City format (SSPWC “Greenbook”), and Caltrans Standards, current edition with updates.
F. Submittal of specifications shall be delivered to the City at 90% complete and final. When project is complete, the Consultant shall provide a digital file of specification package in Microsoft Word format for Windows.
G. Prepare an engineer’s construction cost estimate based on the itemized quantity take-off from the contract documents.
H. Submittal of the engineer’s construction cost estimate shall be delivered to the City at 90% complete and final in a spreadsheet format.
IV. Project Management and Preparation of Periodic Updated Schedule, Deliverables and Meetings
Tasks to be performed include, but are not limited to, the following:
A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall be and not be limited to: Project Kick-off Meeting, presentation of “Project Summary Report”, progress meetings and preparation for the Community Information Workshop if and when needed.
B. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.
FTIP #: LA9918792
Subregion ID: I-710 Early Action Projects
(Gateway Cities)
Project#: MR306.56
FA# 9200000000MR30656
Rev: 05.03.19 4 FA Measure R Hwys Gen Attachment C-1 Scope of Work RIGHT-OF-WAY:
Right-of-Way Support and Right-of-Way Capital
Right-of-Way Support:
Tasks to be performed include, but are not limited, to the following:
A. Prepare and provide exhibits, plats and legal descriptions for the properties requiring right of way acquisition, slope easements, temporary construction easements and/or rights-of-entry.
B. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City, shall be and not be limited to: Project Kick-off Meeting, site visits, progress meetings and preparation for City Council meetings.
Right-of-Way Capital:
Tasks to be performed include, but are not limited to, the following:
A. Conduct appraisals on impacted properties.
B. Notify and meet with affected property owners of appraisals and detailed improvements to their properties.
C. Set just compensation.
D. Present written offer letters and appraisal summaries to property owners.
E. Conduct negotiations to settlement.
CONSTRUCTION:
Plans and specs will be bid out for construction and upon completion of the bidding phase and award of construction contract to lowest responsive bidder, construction will commence.
A. City authorized Construction Engineering support services will be retained for RFIs during bidding phase as well as review of submittals, shop drawings, and as built plans for the project.
B. City authorized Construction Management and Inspection services will be retained for the project.
The project Consultant(s) shall meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant(s) and City shall include, but not be limited to, Pre-Construction Meeting, progress meetings, preparation of responses to RFIs, and review submittals /shop drawings.
MILESTONES: The implementation schedule for this project will be as follows.
START DATE COMPLETION DATE
SOLICITATION (BID/PROPOSAL) N/A N/A
Develop Solicitation Package
Solicitation Response
Evaluations
FTIP #: LA9918792
Subregion ID: I-710 Early Action Projects
(Gateway Cities)
Project#: MR306.56
FA# 9200000000MR30656
Rev: 05.03.19 5 FA Measure R Hwys Gen Attachment C-1 Scope of Work CONSTRUCTION MILESTONES: The implementation schedule for this project will be as follows.
START DATE COMPLETION DATE
SOLICITATION (BID/PROPOSAL) January 2024 September 2024 Develop Solicitation Package January 2, 2024 June 30, 2024 Solicitation Response July 1, 2024 July 31, 2024
Evaluations August 1, 2024 August 15, 2024
Contract Award August 28, 2024 August 28, 2024
Selection
Board Approval
Contract Award
Fully Executed Contract
PLANNING N/A N/A
Prepare Concept Report
Prepare Feasibility Study
Prepare Project Study Report
Intelligent Transportation System (ITS)
Feasibility Study
Concept Exploration
PRELIMINARY DESIGN June 2021 March 2022
Prepare Detailed Design Plans
Prepare Detailed Construction Plans
Prepare Project Cost Estimate
Intelligent Transportation System (ITS)
Concept of Operations
System Requirements
High Level Design
PA&ED April 2022 May 2023
Prepare Environmental Document
Document Type:______________
Scoping
Technical Studies
Draft Environmental Document
Final Environmental Document
Community Outreach
Secure Project Approval
Intelligent Transportation System (ITS)
Categorical Exemption Filing
PS&E June 2023 June 2024
35% PS&E
Preliminary Investigations N/A N/A
Preliminary Foundation N/A N/A
Geometric Drawings N/A N/A
Bridge Type Selection Roadway and Retrofit
Strategy
N/A N/A
ADL Review N/A N/A
Utilities N/A N/A
Right-of-Way January 2, 2024 June 30, 2024
Estimating N/A N/A
Civic Design N/A N/A
Structural Design N/A N/A
FTIP #: LA9918792
Subregion ID: I-710 Early Action Projects
(Gateway Cities)
Project#: MR306.56
FA# 9200000000MR30656
Rev: 05.03.19 6 FA Measure R Hwys Gen Attachment C-1 Scope of Work Fully Executed Contract September 1, 2024 September 20, 2024 STREET IMPROVEMENT October 2024 June 2025
ADA Improvements October 1, 2024 June 30, 2025
Intersection Widening October 1, 2024 June 30, 2025
AC/PCC Incidentals Pavement October 1, 2024 June 30, 2025 Bus Shelters Installation February 17, 2025 June 30, 2025 TRAFFIC SIGNAL IMPROVEMENT October 2024 December 2025
Potholing and Foundation Work October 1, 2024 June 30, 2025 Traffic Signal Modifications October 1, 2024 December 31, 2025 TRAFFIC CONTROL October 2024 December 2025
TMP October 1, 2024 December 31, 2025
FTIP #: LA9918792
Subregion ID: I-710 Early Action Projects
(Gateway Cities)
Project#: MR306.56
FA# 9200000000MR30656
Rev: 05.03.19 7 FA Measure R Hwys Gen Attachment C-1 Scope of Work ATTACHMENT C-1 – Location Map(s)
Los Angeles Metropolitan Transportation Authority
2023 Federal Transportation Improvement Program ($000)
TIP ID LA9918792 Implementing Agency Maywood, City of
SCAG RTP Project #: 1AL04
Conformity Category: TCM
Project Description: To relieve congestion along Slauson Avenue corridor within the City of Maywood, to increase capacity, improve traffic flow and operations by reducing delay from equipment upgrades and traffic signal coordination and synchronization. - PE ONLY
Study:N/A Is Model: YES Model #:
PM: Veronica Alvarez - (323)562-5703
LS: N LS GROUP#:
EA #: PPNO:
Program Code: ITS02 - SIGNAL SYNCHRONIZATION Stop Loc:
Air Basin: SCAB Envir Doc: INITIAL STUDY/NEGATIVE
DECLARATION -- CEQA - 06/30/2024
Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region: Gateway Cities
COG
CTIPS ID:
Lane # Extd: 5 Lane # Prop: 5 Imprv Desc: signal synch
Toll Rate: Hov acs eg loc:
0.00 Toll Colc Loc: Toll Method:
System :Local Hwy Route : Postmile: Distance: Phase: Engineering/Plans, Specifications and Estimates (PS&E) Completion Date 12/31/2028 PHASE PRIOR 22/23 23/24 24/25 25/26 26/27 27/28 BEYOND PROG TOTAL MR20H - Measure R 20% Highway PE $445 $0 $0 $445
CON
RW
SUBTOTAL $445 $594 $6,379 $7,418
$0 $0 $6,379 $6,379
$0 $594 $0 $594
TOTAL $445 $594 $6,379
TOTAL PE: $445 TOTAL RW: $594 TOTAL CON: $6,379
$7,418
TOTAL PROGRAMMED: $7,418
- General Comment: Metro allocated additional funding for ROW and CON phases - only PE was previously funded - Modeling Comment: Metro allocated additional funding for ROW and CON phases - only PE was previously funded - TCM Comment: Metro allocated additional funding for ROW and CON phases - only PE was previously funded - Amendment Comment:
- CMP Comment:
- Narrative:
Last Revised Amendment 23-27 - Submitted Change reason:COST INCREASE Total Project Cost $7,418
Attachment E1
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 11.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO S & H CIVIL WORKS FOR SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG) IN AN AMOUNT OF NOT-TO-EXCEED $81,715 AND APPROVE THE PLANS AND
SPECIFICATIONS FOR THE PROJECT
RECOMMENDATION:
Staff recommends that the City Council approve the plans and specifications or the Sidewalk Rehabilitation Project and award a Contract to S & H Civil Works for Sidewalk Rehabilitation Project FY 2023-2024 (CDBG) for a total amount of $81,715 and authorize the City Manager to execute the contract in a form approved by the City Attorney.
BACKGROUND:
The project includes the removal of existing sidewalks and curb ramps at various locations Citywide and other incidental and appurtenant work necessary for the proper construction of new sidewalks and curb ramps. The proposed improvements will be completed within 40 working days.
On February 29, 2024, staff advertised Notice Inviting Bids (NIB) on the local newspaper in conformance with City of Maywood Municipal Code Section 3-7.04. Bids were due on March 20, 2024, at 2:00 p.m.
DISCUSSION:
On March 20, 2024, at 2:00 p.m., a total of eight (8) bids were received as shown below:
Contractor Name (from low to high cost) Bid Amount
S & H Civil Works $81,715.00
FS Contractors, Inc. $86,147.00
Rojas Construction $90,830.00
TVR Construction Engineering LLC $107,725.00
CT & T Concrete Paving $112,863.58
Excel Paving Company $114,933.00
Gentry General Engineering, Inc. $122,190.00
WE R Builders, Inc. $132,800.00
Staff conducted a bid analysis for the apparent lowest bidder, S & H Civil Works, and verified CA contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, S & H Civil Works was found to be the lowest responsive bidder.
In addition, the City's contract engineer has reviewed the design plans and specifications for this project and in his opinion the project plans and specifications are reasonable and meet professional engineering standards.
Therefore, it is recommended that the City Council approve the project plans and specifications, which are on file with the City.
Staff recommends City Council award a contract to S & H Civil Works for a total amount of $81,715.00 and authorize the City Manager to execute the contract.
The proposed project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302:
Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.
LEGAL REVIEW:
City Attorney has reviewed this report.
FISCAL IMPACT:
The total estimated project cost of $112,358.00 will be funded from CDBG funds budgeted in the FY 2023- 2024 Capital Improvement Program.
Construction Contract $81,715.00
Contingency Budget allowance for unforeseen conditions as necessary (25%) $20,429.00 Total Construction Budget $102,144.00
Construction management and inspection (10% of construction budget) $10,214.00 Project Total $112,358.00
ATTACHMENT(S)
1. Attachment 1, Agreement with S&H Civil Works
2. Attachment 2, S&H Civil Works Bid
3. Attachment 3, Project Map & List
CONTRACT C-1
CONTRACT
CITY OF MAYWOOD CONTRACT FOR
SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG)
THIS CONTRACT (“Contract”) is made and entered this April 24, 2024 (“Effective Date”), by and between the CITY OF MAYWOOD, a California municipal corporation (“City”) and S & H CIVIL WORKS, a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 1008640; Class A. Contractor’s DIR registration number is 1000034468.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Sidewalk Rehabilitation Project FY 2023-2024 (CDBG) (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Eighty One Thousand Seven Hundred Fifteen dollars ($81,715) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the
CONTRACT C-2
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF MAYWOOD
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
PAYMENT BOND (LABOR AND MATERIALS) LMB-1
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG)
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
PAYMENT BOND (LABOR AND MATERIALS) LMB-2
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PERFORMANCE BOND PB-1
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG)
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California
PERFORMANCE BOND PB-2
Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-1
WORKERS’ COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Maywood (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Maywood
City Hall
_______________________________
______________, California ________
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-2
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-3
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
_____________________________
______________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none,
so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-4
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-5
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
____________________________
___________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-6
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-7
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
_________________________________
_______________, California ________
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-8
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
S&H CIVILWORKS
COMPLETED PROJECT REFERENCES PAST (3) YEARS
Project Owner Project Scope of Work Contact Contract
Amount
Completion
Date
City of Riverside
3900 Main Street
Riverside CA 92522
Street Widening
of Quite lane
Widening, Concrete
and asphalt
Kevin Goodwin
Project Manager
(951) 318-3134
[email protected]
$60,000 June 2018
OMNITrans
1700 West 5
th St
San Bernardino, CA
92411
ATP safe Route
to Transit Project
Demo, sidewalk, ADA
Ramps & Asphalt
Paving
Thomas Dahlin
Capital Project
Manager/Inspector
(951) 358-9322
[email protected]
$2.1M December
2018
OMNITrans
1700 West 5th St
San Bernardino, CA
92411
Corona Avenue
ATP safe Route
to Transit Project
Demo, sidewalk, ADA
Ramps & Asphalt
Paving
Thomas Dahlin
Capital Project
Manager/Inspector
(951) 358-9322
[email protected]
$308,000 April 2019
City of San
Bernardino
201 N “E” Street, san
Bernardino CA
Annual Concrete
Repair & ADA
Access Ramp
Project
Demo, sidewalk,
driveway, ADA Ramps
& cross gutter
Nathan Toczek
City Inspector
(760) 963-2085
[email protected]
$2.1M April 2019
City of Santa
Barbara
630 Garden Street,
Santa Barbara CA
Measure A Cycle
3 Sidewalk Infill
Project
Roadway
Improvement,
concrete, storm
drainage, retaining
walls, Ramps &
Asphalt Paving
Ken Young –
Project Manager
(805) 560-7568
[email protected]
$1.1M
December
2019
County of Riverside
2950 Washington St,
Riverside, CA 92504
Mayberry Avenue
Sidewalk Project
– Hemet CA
Roadway
Improvement, concrete
sidewalk, cross gutter
and ramps
Trai Nguyen – Principal
Inspector
(951) 961-5363
[email protected]
$316,000 February
2020
City of Costa Mesa
77 Fair Drive
Costa Mesa CA
City Parkway
Maintenance
Project
Citywide concrete
repair curb, gutter,
sidewalk, driveway and
ADA Ramps
Cristina Oquendo
Project Manager
(714) 754-5015
cristina.oquendo@costamesaca
.gov
$3.2M May 2020
City of Newport
100 Civic Center
Drive, Newport
Beach, CA 92660
Concrete
Replacement
Project
Demo, Curb, Gutter,
Sidewalk, ADA
Ramps, Cross gutter &
Asphalt
Ben Davis PE–
Project Manager
(949) 644-3317
[email protected]
$763,500 July 2020
City of Loma Linda
26000 Barton Road,
Loma Linda 92354
ADA Access
Ramp Installation
Project
Demo, sidewalk,
driveway, ADA Ramps
& cross gutter
Alex Rubalcava
City Inspector
(909) 478-4263
[email protected]
$113,000 August 2020
City of West
Hollywood
8300 Santa Monica
West Hollywood, CA
90069
CDBG Concrete
Repair Project
Demo, sidewalk,
driveway, ADA Ramps
& cross gutter
Mila Solugob
Project Manager Inspector
(323) 848-6338
[email protected]
$311,000 October 2020
S&H CIVILWORKS
COMPLETED PROJECT REFERENCES PAST (3) YEARS
Project Owner Project Scope of Work Contact Contract
Amount
Completion
Date
City of Perris
1015 S G St, Perris,
CA 92570
A Street and
Nuevo Road
Project
Demo, sidewalk,
driveway, ADA Ramps,
cross gutter and
asphalt
Brad Brophy
Project Manager Inspector
(951) 943-6504
[email protected]
$298,000 November
2020
City of Newport
100 Civic Center
Drive, Newport
Beach, CA 92660
Concrete Repair
Program Project
Street Reconstruction;
Concrete Repair
Ben Davis PE –
Project Manager
(949) 644-33 17
[email protected]
$700K July 2021
City of Newport
100 Civic Center
Drive, Newport
Beach, CA 92660
Concrete Alley
and Street
Replacement
Project
Street Reconstruction;
Concrete, drainage
and PCC pavement
Patricia Carpenter PE–
Project Manager
(949) 644-3344
[email protected]
ov
$2.2M November
2021
City of Chino Hills
14000 City Center
Dr, Chino Hills CA
5 Year On-Call
contract Project
2019-2024
Remove and
reconstruction of curb,
gutter, driveway
sidewalk and ramp
Jerry Barragan
Superintendent
(909) 573-4355
[email protected]
$225K/Yr On-going
City of Corona
400 S. Vicentia Ave
Corona, CA 92882
Oak Avenue
Sidewalk
Improvement
Project
Street Reconstruction;
Concrete and PCC
pavement
Julianna Zaleski
Project Manager
(951) 736-2264
[email protected]
$550K April 2022
County of Riverside
2950 Washington St,
Riverside, CA 92504
Carver Tract
Sidewalk
Improvement
Replacement
Project
Street Reconstruction;
Concrete, drainage
and Asphalt pavement
Trai Nguyen –Supervisor
Principal Inspector
(951) 961-5363
[email protected]
$1.5M November
2022
County of Riverside
2950 Washington St,
Riverside, CA 92504
El Toro
Road/Dexter
Road Project
Street Reconstruction;
Concrete, drainage
and Asphalt pavement
Steve Wann – Principal
Inspector
(951) 961-5946
[email protected]
$1.5M November
2022
City of Orange
300 E Chapman
Ave, Orange, CA
92866
Annual Concrete
at Various
location
Remove and
reconstruction of curb,
gutter, driveway
sidewalk and ramp
Evan Arnold
Construction Inspector
(714) 602-0111
[email protected]
$1.1M October 2023
City of Lake Forest
100 Civic Center Dr,
Lake Forest CA
Phase 13 – CDBG
ADA Ramp
Remove and
reconstruction of curb,
gutter, driveway
sidewalk and ramp
Nazila Mokarram
Principal Engineer
(949) 461-3490
[email protected]
$104K November
2023
City of Yorba Linda
4845 Casa Loma
Ave, Yorba Linda,
CA 92886
2 Year On-Call
contract Project
2022-2024
Remove and
reconstruction of curb,
gutter, driveway
sidewalk and ramp
Armando Jaime
Superintendent
(714) 814-4687
[email protected]
$400K/Yr On-going
JOSE LEONCIO HERMOSILLO
6071 Moon Place, Jurupa Valley, CA 91752 • Tel. No. 1(909) 399-9420 SUMMARY OF QUALIFICATIONS:
Has more than 25 years experience in construction and direct supervision of various public works and roadway rehabilitation projects including, demolition, installation of concrete structures, drainage, asphalt paving and underground utilities.
WORK EXPERIENCE:
S&H CIVILWORKS – Colton, CA
06/2015 – PRESENT
VICE PRESIDENT - OPERATIONS
Duties: Responsible for the entire operations of the company including site supervision and management of workers, maintaining safety, productivity, and high quality of the project GENTRY BROTHERS INC. – Irwindale, CA
2012 - 2015
EQUIPMENT OPERATOR/CEMENT MASON
Projects Involved:
City of Pomona – Major Street Rehabilitation-Citywide (FY12/13), Project No. 21768547 (3,365,810) County of Los Angeles – Project ID RDC0015528 Ballentine Place Roadway Reconstruction ($4,208,250) City of Walnut – Kern Way Alley Improvement Project ($82,490) City of Monrovia – Ridgeside Drive Sewer Main replacement ($122,055) City of La Verne – 2014/15 PMS ARAM/Conventional AC and Slurry Seal Program ($609,001) KORMX INC. – Walnut, CA
2009 - 2012
EQUIPMENT OPERATOR/CEMENT MASON
Projects Involved:
City of Baldwin Park – Construction of the CDBG ARRA Street Improvements ($276,505) City of Rosemead – Sidewalk, Curb and Gutter Replacement Project ($142,057) City of Redlands – Ed Hales Park Improvement Project ($493,487.90) County of Riverside – Rubidoux Boulevard Street Improvement Phase II ($334,486) PORTSMOUTH CONSTRUCTION INC – Chino, CA
2003 - 2009
FOREMAN/SUPERINTENDENT
Projects Involved:
City of Maywood – Sidewalk Reconstruction Project Phase IV FY 2006/2007 ($499,837) City of Maywood – Sidewalk Reconstruction Project Phase V ($311,359) City of Pico Rivera – City Wide Curb and Gutter Rehabilitation Project No. 21153 ($488,560) City of Colton – Citywide Concrete CDBG#104-31105/2900 104-31305 ($722,446.12) City of West Hollywood – Concrete Repair Program ($475,850) City of Beverly Hills – Annual Infrastructure Repairs in Various locations ($544,152) City of Santa Ana – 2007 & 2008 Omnibus Concrete Repair ($488,407)
President Page 176 of 653
CITY OF MAYWOOD, CALIFORNIA
ADDENDUM #1
BIDDING AND CONTRACT DOCUMENTS, PLANS AND
SPECIFICATIONS
for
SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG)
Date Issued: March 8, 2024
Addendum 2, Page 1 of 1
Addendum for: Sidewalk Rehabilitation Project FY 2023-2024 (CDBG) Addendum No.: 1
Addendum Date: March 8, 2024
Issued by: City of Maywood
Reminder 1: Bid due date remains unchanged. Bids are due at 2:00 PM on March 20, 2024.
Reminder 2: Please acknowledge receipt of this Addendum in your proposal.
Addendum 1 revises the following:
Revised Federal Wage Decision (March 8, 2024), please see Attachment A – Revised Federal Wage Decision per Addendum 1.
Attachments:
Attachment A – Revised Federal Wage Decision per Addendum 1 Issued by City of Maywood
Attachment A – Revised Federal Wage Decision per Addendum 1
"General Decision Number: CA20240022 03/08/2024
Superseded General Decision Number: CA20230022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Los Angeles County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2024. |
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2024. |
|______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 02/02/2024
3 02/09/2024
4 02/23/2024
5 03/08/2024
ASBE0005-002 09/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36
---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37
---------------------------------------------------------------- BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11
---------------------------------------------------------------- * BRCA0004-007 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.53 19.48
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2022
Rates Fringes
MARBLE FINISHER..................$ 37.87 14.13
TILE FINISHER....................$ 32.44 12.54
TILE LAYER.......................$ 45.05 18.33
---------------------------------------------------------------- BRCA0018-010 09/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 38.37 14.13
TERRAZZO WORKER/SETTER...........$ 46.49 14.66
---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15
---------------------------------------------------------------- ELEC0011-004 06/30/2023
Rates Fringes
ELECTRICIAN (INSIDE
ELECTRICAL WORK)
Journeyman Electrician......$ 60.80 3%+29.77
ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician.................$ 60.80 3%+29.77
Technician..................$ 45.60 3%+29.77
FOOT NOTE:
CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate.
TUNNEL WORK: 10% additional per hour.
SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:
Installation of street lights and traffic signals,including electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation,
including proper position of trench depths and radius at duct banks, location for man
holes, pull boxes, street lights and traffic signals.
Installation of underground ducts for electrical,telephone, cable television and communication systems.
Pulling,termination and
splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable.
TECHNICIAN:
Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable and video/data.
---------------------------------------------------------------- * ELEC0011-007 01/01/2024
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer...................$ 46.47 3%+17.08
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and CCTV
E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems
*Fire Alarm Systems
1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and fringe benefits.
2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 66.63 37.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence