Lynwood City Council
May 16, 2023

1. CALL TO ORDER

2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK

3. ROLL CALL OF COUNCIL MEMBERS

4. PLEDGE OF ALLEGIANCE

5. INVOCATION
This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.

Procedures for Addressing the Council

IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO

ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO
[email protected] OR FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A

FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL.

AGENDA
City Council Regular Meeting

TO BE HELD ON
May 16, 2023
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 OR WEB CONFERENCE VIA ZOOM - TO PARTICIPATE VIA ZOOM OR BY TELEPHONE: 1-669- 900-9128 OR 1-253-215-8782 MEETING ID: 835 2029 8238
Duly Posted 05/13/23 By MQ
6:00 PM

Oscar Flores, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Juan Munoz-Guevara, Council Member
Jose Luis Solache, Council Member
City Council Regular Meeting 1

6. PRESENTATIONS/PROCLAMATIONS

7. COUNCIL RECESS TO:

8. CONSENT CALENDAR

8.1 APPROVAL OF THE WARRANT REGISTER

8.2 AWARD OF CONTRACT AND APPROVAL TO RE CHAFFEE CONSTRUCTION INC.

FOR THE LARGE ADVANCED METERING INFRASTRUCTURE REPLACEMENT PROJECT FY 2022-2023
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

Southern California Association of Governments - Active, Healthy and Safe Communities Sustainability Award - Lynwood Urban Bike Trail City Video(s)
Lynwood Successor Agency
Lynwood Public Financing Authority

PUBLIC ORAL COMMUNICATIONS

(Regarding Agenda Items Only)

NON-AGENDA PUBLIC ORAL COMMUNICATIONS

THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE

COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO

SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY

REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)

ALL MATTERS LISTED UNDER THE CONSENT CALENDAR WILL BE ACTED UPON BY ONE MOTION AFFIRMING THE ACTION RECOMMENDED ON THE AGENDA. THERE

WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS PRIOR TO VOTING UNLESS

MEMBERS OF THE COUNCIL OR STAFF REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.

Comments:

City of Lynwood warrant register dated May 16, 2023 for FY 2022-2023. (FIN) Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated May 16, 2023 for FY 2022-2023.

Comments:

The Advanced Meter Infrastructure (AMI) project was initiated in 2018 with the replacement of meters as part of street rehabilitation projects. It is a multi-phased project to replace positive displacement read meters, which lose accuracy as they age.

Once the
system is fully integrated and installed the meters will send a signal directly to a software City Council Regular Meeting 2

8.3 PROJECT ACCEPTANCE OF THE SIDEWALK IMPROVEMENT PROJECT AT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23 PROJECT (CIP 4011.68.022)

8.4 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FOR FY 2023-2024 program. This saves staff time and labor. More importantly, the smart meters are able to detect unusually high usage, which will help staff to alert customers if there is a leak. (PW)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO RE CHAFFEE CONSTRUCTION INC. AS THE LOWEST
RESPONSIBLE BIDDER, IN THE AMOUNT OF $180,475.00 FOR THE LARGE ADVANCED METERING INFRASTRUCTURE REPLACEMENT PROJECT FY 2022- 2023; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT”.

Comments:

The City of Lynwood received requests for sidewalk improvement projects throughout the City. Staff collected all requests and created a priority list for needed repairs. Staff awarded a contract to FS Contractors Inc. for Wright Road from Fernwood Avenue to Duncan Avenue and Citywide Priority 1 sidewalk repairs. FS Contractors has completed the project and the Staff recommends City Council to accept the “Sidewalk Improvement Project at Wright Road from Fernwood Avenue to Duncan Avenue and Citywide Priority 1 Sidewalk Improvement Project FY22/FY23 (CIP 4011.68.022)”. (PW) Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING

THE SIDEWALK IMPROVEMENT PROJECT AT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23 PROJECT (CIP 4011.68.022) AS COMPLETE; AUTHORIZING

THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFCE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE.”

Comments:

The City of Lynwood is currently on Phase 3 of the Four-Phase citywide slurry seal City Council Regular Meeting 3

8.5 CLEAN POWER ALLIANCE FEASIBILITY STUDY

8.6 NOVEMBER 8, 2022 GUBERNATORIAL GENERAL ELECTION, EXPENDITURE BUDGET ADJUSTMENT TO FISCAL YEAR 2022-23 ADOPTED BUDGET program. This project has been previously advertised to solicit bids but was rejected due to insufficient funding for FY 22-23. Staff has now evaluated the funding for FY23-24 and is now able to solicit bids. Staff is now recommending City Council to approve the plans and specifications and authorize solicitation of bids for Slurry Seal Phase 3 Project. (PW) Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVAL OF

PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FOR FY 2023-2024.”

Comments:

Clean Power Alliance (CPA) is a Joint Powers Authority (JPA) that was established to provide cost-competitive electrical services, reduce greenhouse gas (GHG) emissions through the availability of renewable electricity, stimulate renewable energy reduction programs, and sustain long-term rate stability for residents and businesses through local control. CPA is comprised of 32 cities, and the unincorporated areas of Los Angeles and Ventura counties. Each member agency selects a representative to serve on the Board of Directors with the intent of aligning the CPA’s goals to closely reflect the goals and values of the local communities they serve. (PW)
Recommendation:

Staff recommends that the City Council of the City of Lynwood adopt the following resolution entitled, "

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD APPROVING BUDGETARY TRANSFER FROM UNAPPROPRIATED GENERAL FUND TO PUBLIC WORKS ACCOUNT NUMBER 1011.45.401.62015 IN THE AMOUNT OF $10,000."

Comments:

T
he City of Lynwood participated in the November 8, 2022 Gubernatorial General Election and has received the bill from Los Angeles County Registrar Recorder/County Clerk for $92,716.74. (CC)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

BUDGETARY TRANSFER FROM UNAPPROPRIATED GENERAL FUND TO ELECTION EXPENDITURES ACCOUNT NUMBER 1011.15.105.62020 IN THE AMOUNT OF $92,716.74.”
City Council Regular Meeting 4

9. NEW/OLD BUSINESS

9.1 QUALIFICATION OF REFERENDUM PETITION CHALLENGING ORDINANCE NO. 1756 ESTABLISHING A MINIMUM WAGE OF $25.00 PER HOUR FOR QUALIFYING

HEALTHCARE WORKERS IN THE CITY OF LYNWOOD

9.2 THE LYNWOOD CANNABIS RETAIL SALES BUSINESS LICENSE SELECTION

PROCESS PHASE III

Comments:

The City Council must take some action and
render a decision as the referendum petition
has qualified and Ordinance No. 1756 will remain suspended per Elections Code §
9214.
(CC)
Recommendation:

Staff recommends that the City Council consider the following:
1 .

Receive, file and accept the Certificate of Sufficiency of the Referendum Petition Signatures as valid in all respect
2 .

Reconsider Ordinance No. 1756 and select one of the following options:

a
.

Direct Staff to prepare a Resolution to submit Ordinance No. 1756 to the Lynwood Voters at the next Regular Municipal Election on November 5, 2024 or b
.

Special Election on March 5, 2024 or
c
.

Direct Staff to prepare an Ordinance to repeal Ordinance No. 1756 d
.

Direct Staff to agendize the consideration of Ordinance No. 1756 at a future date.

Recommendation:

Staff respectfully recommends:

The City Council approve by motion u
p to
six (6) Lynwood Cannabis Retail License
Applicants in accordance with the Attached Ordinance
entitle
d
“THE LYNWOOD
CANNABIS RETAIL SALES REGULATION AND PUBLIC SAFETY ORDINANCE.”

A. Approve a Resolution granting a retail cannabis business license to Catalyst Lynwood LLC.

B. Approve a Resolution granting a retail cannabis business license to Emerald Ventures Inc.

C. Approve a Resolution granting a retail cannabis business license to Perfect Prime 9 D. Approve a Resolution granting a retail cannabis business license to RD Lynwood Retail LLC.

E. Approve a Resolution granting a retail cannabis business license to Shryne Lynwood LLC.

F. Approve a Resolution granting a retail cannabis business license to Wellgreens Lynwood LLC.

City Council Regular Meeting 5

9.3 ACCEPTANCE OF 2023 SCLARC “SOCIAL RECREATION” PROGRAM AGREEMENT

AND GRANT FUNDING

10. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

11. STAFF ORAL COMMENTS

Comments:

The Recreation & Community Services Department applied for grant funding from the South-Central L.A. Regional Center (SCLARC) and the California Department of Development Services (DDS) to support the creation, re-establishment and/or enhancement of existing social recreation programs that are inclusive of children and adolescents with special needs. Staff is pleased to report that SLARC and DDS have informed the City that its application has been approved. Staff is requesting that the City Council formally accept the grant through adoption of the accompanying resolution. (REC) Recommendation:

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

RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE SOUTH CENTRAL L.A. REGIONAL CENTER FOR THE 2023 SOCIAL RECREATION PROGRAM .”

ADJOURNMENT

THE NEXT REGULAR MEETING WILL BE HELD ON JUNE 6, 2023 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.

City Council Regular Meeting 6

AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Harry Wong, Director of Finance & Administration
Lilly Hampton, Senior Accounting Technician
SUBJECT:

APPROVAL OF THE WARRANT REGISTER
WARRANT RUN 5 16 2023.pdf
CC WARRANT RESOLUTION TEMPLATE.docx
Agenda Item # 8.1.

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated May 16, 2023 for FY 2022-2023.

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2022-2023
Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 7
vchlist
04/26/2023 11 :05:06AM
Bank code:

Voucher
1005274
1005275
apbank
Date Vendor
2/14/2023 013090 PERS
2/17/2023 013090 PERS
2 Vouchers for bank code :
2 Vouchers in this report
apbank
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
013090-02142023
013090-02172023
Description/Account

EMPLOYEE CONTRIBUTION
Total :

EMPLOYEE CONTRIBUTION
Total:

Bank total:

Total vouchers :

Page: 1
Amount
838.85
838.85
57,996.74
57,996.74
58,835.59
58,835.59
Page: 1
8 vchlist
05/03/2023 11 :35:27 AM
Bank code: apbank
Voucher Date Vendor -
207547 4/27/2023 006399 AT&T
207548 4/27/2023 005344 AT&T MOBILllY
207549 4/27/2023 011672 CHRISTMAS BROTHERS
207550 4/27/2023 013846 ESTRADA, DAVID
207551 4/27/2023 009041 LOYA, RUUD AND ROMO, ATKINSON,
207552 4/27/2023 013145 MERCHANT, OLIVER
207553 4/27/2023 000427 PETlY CASH-C.M.O.
207554 4/27/2023 013839 PRECIOUS METALS LIMO INC.
207555 4/27/2023 013847 PRICE, SHAUNICE
Prepaid-Check List
City of Lynwood
Invoice
000019766841
000019770100
000019770102
000019770103
000019770105
000019770109
000019770113
000019770219
000019770220
000019770290
287260367753X030823
287260367753X040823
57953
6826325
676613
013145-040623-1
000427 -041723
20504
68494776
Page: 2
PO# Description/Account Amount
TELEPHONE SERVICE 25.16
TELEPHONE SERVICE 103.41
TELEPHONE SERVICE 27.11
TELEPHONE SERVICE 331.53
TELEPHONE SERVICE 76.31
TELEPHONE SERVICE 103.41
TELEPHONE SERVICE 27.11
TELEPHONE SERVICE 52.55
TELEPHONE SERVICE 52.55
TELEPHONE SERVICE 52.55
Total: 851.69
TELEPHONE SERVICE 3,300.00
TELEPHONE SERVICE 3,169.48
Total: 6,469.48
08-005112 PROF & CONTRACTUAL SERVICE 2,890.00
Total: 2,890.00
REFUND CANCELLED PROGRAM 30.00
Total: 30.00
05-001942 LEGAL SERVICES 1,673.04
Total: 1,673.04
REIMBURSEMENT 954.79
Total : 954.79
REPLENISH BOX 991 .92
Total: 991.92
PROF & CONTRACTUAL SERVICE 1,400.00
Total : 1,400.00
REFUND CANCELLED PROGRAM 30.00
Total: 30.00
Page: 2
9 vchlist
05/03/2023 11 :35:27 AM
Bank code : apbank
Voucher Date Vendor
207556 4/27/2023 001364 ROMERO, DIANA
207557 4/27/2023 000163 SOUTHERN CALIFORNIA EDISON
207558 4/27/2023 001224 STANDARD INSURANCE COMPANY
207559 4/27/2023 013845 TANORY, YADIRA
207560 4/27/2023 000164 THE GAS CO.
207561 4/27/2023 001302 U.S. BANK
207562 4/27/2023 007551 AFSCME DISTRICT COUNCIL 36
207563 4/27/2023 013747 AMERIFLEX
207564 4/27/2023 013463 CITY EMPLOYEES ASSOCIATES, LLC
207565 4/27/2023 013730 INSURANCE COMPANY, COLONIAL LIFE 207566 4/27/2023 013084 LE, JESSICA
207567 4/27/2023 010048 LEGAL SHIELD
Prepaid-Check List
City of Lynwood
Invoice
001364-0313123
00016304242023
001224-053123
304842951
00016404252023
001 302-041723
Ben152229
Ben152586
Ben152235
Ben152592
Ben152233
Ben152590
Ben152225
Ben152582
Ben152596
Ben152237
Page: 3
PO# Description/Account Amount
REIMBURSEMENT 552.87
Total : 552.87
LIGHT & POWER SERVICES 17,344.62
Total : 17,344.62
LIFE INSURANCE PREMIUM 757.00
Total : 757.00
REFUND-COMMUNITY GARDEN 50.00
Total: 50.00
GAS SERVICES 2,854.78
Total: 2,854.78
BANKCARD CHARGES 24,615.13
Total: 24,615.13
ASSOCIATION DUES: PAYMENT 1,727.94
ASSOCIATION DUES: PAYMENT 1,727.94
Total : 3,455.88
HEAL TH FSA PRE-TAX: PAYMENT 727.09
HEALTH FSA PRE-TAX: PAYMENT 727.09
Total: 1,454.18
MGMT. ASSOCIATION DUES: 200.00
MGMT. ASSOCIATION DUES: 200.00
Total: 400.00
ACCIDENT PRETAX: PAYMENT 2,267.88
ACCIDENT PRETAX: PAYMENT 2,267.88
Total: 4,535.76
JESSICA HERRERA: PAYMENT 293.00
Total: 293.00
LEGAL SHIELD: PAYMENT 49.84
Page: 3
10 vchlist
05/03/2023 11 :35:27 AM
Bank code: apbank
Voucher
207567
207568
207569
207570
207571
207572
Date Vendor
4/27/2023 010048 LEGAL SHIELD
4/27/2023 001224 STANDARD INSURANCE COMPANY
5/1/2023 013804 MENDEZ, VILMA
5/2/2023 013504 MINER, LTD
5/2/2023 000163 SOUTHERN CALIFORNIA EDISON
5/3/2023 013522 AMN MANAGEMENT, INC
26 Vouchers for bank code :
26 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
(Continued)
Ben152594
Ben152227
Ben152584
Ben152614
66334482
66334536
5310574360
5310574360-A
000163-05012023
13 PO#
---- ---
06-009676
06-009830
06-009882
Page: 4
Description/Account Amount
LEGAL SHIELD: PAYMENT 49.84
Total : 99.68
AD& STANDARD LIFE INSURANCE:

AD& STANDARD LIFE INSURANCE:

STANDARD LIFE INSURANCE:

Total:

REIMB-CANCELLATION CAMPING

REIMB-CANCELLATION CAMPING
Total :

PROF & CONTRACTUAL SERVICE

PROF & CONTRACTUAL SERVICE
Total :

LIGHT & POWER SERVICE
Total:

PROF & CONTRACTUAL SERVICE
Total:

Bank total:

Total vouchers :
647.98
641.35
117.67
1,407.00
130.00
130.00
260.00
284.51
555.05
839.56
16,268.21
16,268.21
22,630.00
22,630.00
113,108.59
113,108.59
Page: 4
11 vchlist
05/09/2023 10:25:33AM
Bank code: apbank
Voucher Date Vendor
207573 5/4/2023 013839 PRECIOUS MEMORIES LIMO INC.
1 Vouchers for bank code : apbank
1 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
20504
PO#
-------
Description/Account

PROF & CONTRACTUAL SERVICE
Total:

Bank total:

Total vouchers :

Page: 5
Amount
1,400.00
1,400.00
1,400.00
1,400.00
Page: 5
12 vchlist Check List Page: 6
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207574 5/16/2023 013861 ABREGO, ARCOS OFELIA 477128484 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207575 5/16/2023 013500 AIR CONDITIONING&REFRIGERATION, 177255 08-005118 EQUIPMENT REPAIR 900.55 Total : 900.55
207576 5/16/2023 013797 AIRGAS USA, LLC 9135864934 06-009872 OPERATING SUPPLIES 443.19 Total: 443.19
207577 5/16/2023 007439 ALL CITY MANAGEMENT SVCS, INC. 84987 11-002148 PROF & CONTRACTUAL SERVICES 6,825.84 Total: 6,825.84
207578 5/16/2023 013497 AL TA LANGUAGE SERVICES, INC IS650425 05-001937 SPANISH BILINGUAL TESTING 55.00 Total: 55.00
207579 5/16/2023 013873 ALVAREZ, JOSE 18392878 REFUND-BATEMAN HALL RENTAL 500.00 Total: 500.00
207580 5/16/2023 013865 ALVAREZ, MIGUEL 477128883 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207581 5/16/2023 010746 ALVAREZ-GLASMAN & COLVIN 2023-1-20650-2 02-002622 LEGAL SERVICES 418.00 Total: 418.00
207582 5/16/2023 013738 AMAZON CAPITAL SERVICES INC 1 TMH-RH 19-3T79 12-000435 COMPUTER SUPPLIES 32.73 Total: 32.73
207583 5/16/2023 002452 AMERICAN LANGUAGE SVCS. 74249 01-001732 PROF & CONTRACTUAL SERVICE 203.60 Total: 203.60
207584 5/16/2023 013866 ARAGON, JOSE MANUEL 444131766 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207585 5/16/2023 013848 BARRIOS, DANIEL 1 VIDEO & PHOTOS SERVICES 300.00 Total: 300.00
207586 5/16/2023 013862 BEACHA, JACOREY DESHAWN 688125501 REFUND-PARKING CITATION TICKET 69.00 Page: 6
13 vchlist Check List Page: 7
05/09/2023 3:59:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207586 5/16/2023 013862 013862 BEACHA, JACOREY DESHAWN (Continued) Total: 69.00 207587 5/16/2023 013860 BERRIOS SANDOVAL, VICTOR MANUEL 58333 REFUND-PARKING CITATION TICKET 64.00 Total: 64.00
207588 5/16/2023 013736 BESST INC. LYN040623 06-009831 PROF & CONTRACTUAL SERVICE 38,200.00 Total : 38,200.00
207589 5/16/2023 004986 BIOMETRICS4ALL, INC COLYN0107 05-001938 LIVE SCAN SERVICE 7.50 MAINTCOL YN0009 05-001952 LIVE SCAN MACHINE 840.00
Total: 847.50
207590 5/16/2023 012271 BIONIC GRAPHICS 1962 06-009874 STAFF SHIRTS PURCHASE 104.70 Total: 104.70
207591 5/16/2023 000884 BLUE DIAMOND MATERIALS 3109614 06-009648 OPERATING SUPPLIES 1,976.32 Total: 1,976.32
207592 5/16/2023 013589 BNS FLEET SERVICE INC 22701 06-009616 AUTO EXPENSE 95.00 22842 06-009616 AUTO EXPENSE 380.00
22844 06-009616 AUTO EXPENSE 296.41
22863 06-009616 AUTO EXPENSE 289.52
22867 06-009616 AUTO EXPENSE 289.52
Total: 1,350 .45
207593 5/16/2023 013855 BOBADILLA, ROBERT 655125465 REFUND-PARKING CITATION TICKET 25.00 Total: 25.00
207594 5/16/2023 000032 CAL ADDISON 573327 06-009600 AUTO EXPENSE 185.00 573330 06-009600 AUTO EXPENSE 215.00
573335 06-009600 AUTO EXPENSE 185.00
573338 06-009600 AUTO EXPENSE 225.00
573341 06-009600 AUTO EXPENSE 440.00
573343 06-009600 AUTO EXPENSE 405.00
Total: 1,655.00
207595 5/16/2023 013857 CALDERON, JOSE 555128926 REFUND-PARKING CITATION TICKET 69.00 Page: 7
14 vchlist Check List Page: 8
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount ---
207595 5/16/2023 013857 013857 CALDERON, JOSE (Continued) Total: 69.00 207596 5/16/2023 013700 CAMPOS, FATIMA 013700-042623 08-005065 PROF & CONTRACTUAL SERVICE 768.00 Total: 768.00
207597 5/16/2023 001330 CANON FINANCIAL SERVICES, INC. 30310616 08-004994 LEASE EQUIPMENT 170.05 30310616-A 08-005121 LEASE EQUIPMENT 92.76
Total: 262.81
207598 5/16/2023 006573 CENTRAL FORD AUTOMOTIVE, INC. 29451 06-009573 AUTO EXPENSE 104.55 Total : 104.55
207599 5/16/2023 000657 CENTURY RADIATORS 0028 06-009624 AUTO EXPENSE 123.30 0029 06-009624 AUTO EXPENSE 316.33
0030-1 06-009624 AUTO EXPENSE 123.30
0032-1 06-009624 AUTO EXPENSE 308.85
0034 06-009624 AUTO EXPENSE 371.79
Total : 1,243.57
207600 5/16/2023 008107 CHICAGO TITLE COMPANY 00094125 06-009883 PROF & CONTRACTUAL SERVICE 2,750.00 0912302358-2 11-002136 PROF & CONTRACTUAL SERVICE 4.00
0912302772-1 11-002136 PROF & CONTRACTUAL SERVICE 65.00 Total: 2,819.00
207601 5/16/2023 002319 CINDY'S JUMPERS 59369-A 08-005122 COMMUNITY ACTIVITY EXPENSE 440.00 61277-B 08-005122 COMMUNITY ACTIVITY EXPENSE 100.00
61821 08-005122 COMMUNITY ACTIVITY EXPENSE 541 .00
62543 08-005122 COMMUNITY ACTIVITY EXPENSE 1,078.00
Total: 2,159.00
207602 5/16/2023 001168 CINTAS CORPORATION NO. 2 8406167745 08-005036 FIRST AID SUPPLIES 181.34 Total: 181.34
207603 5/16/2023 000702 CINTAS DOCUMENT MANAGEMENT 8406234971 05-001951 PROF & CONTRACTUAL SERVICE 870.98 Total: 870.98
207604 5/16/2023 013840 CITY OF COMMERCE MIS000352 COMMUNITY ACTIVITY EXPENSE 442.86 Page: 8
15 vchlist Check List Page: 9
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207604 5/16/2023 013840 013840 CITY OF COMMERCE (Continued) Total: 442.86 207605 5/16/2023 013531 CIVIC PLUS, LLC 257615 12-000443 PROF & CONTRACTUAL SERVICE 9,219.00 Total: 9,219.00
207606 5/16/2023 001571 CLINICAL LAB OF SAN BERNARDINO 2300604-L YN01 06-009602 PROF & CONTRACTUAL SERVICE 1,285.00 Total: 1,285.00
207607 5/16/2023 013555 COLLINS, JORDAN 013555-032523 08-005009 PROF& Total : 640.00
207608 5/16/2023 012021 CONCENTRA MEDICAL CENTERS 78357261 05-001953 PROF & CONTRACTUAL SERVICE 357.00 78569855 05-001953 PROF & CONTRACTUAL SERVICE 494.00
78645092 05-001953 PROF & CONTRACTUAL SERVICE 247.00
78824407 05-001953 PROF & CONTRACTUAL SERVICE 125.00
78897117 05-001953 PROF & CONTRACTUAL SERVICE 110.00
79040619 05-001953 PROF & CONTRACTUAL SERVICE 110.00
Total: 1,443.00
207609 5/16/2023 010754 COOL IMAGE WATER, DBA/ AMERICAN 1807 11-002152 WATER SERVICES 50.62 1807-A 11-002232 WATER SERVICES 21.88
1808 03-000436 WATER SERVICES 21 .75
1814 02-002630 WATER SERVICES 21 .75
1838 02-002630 WATER SERVICES 29.00
1839 02-002629 WATER SERVICES 36.25
1840 03-000436 WATER SERVICES 53.42
1842 11-002232 WATER SERVICES 125.92
1866 08-004995 WATER SERVICES 31.67
1867 11-002232 WATER SERVICES 166.75
1869 01-001748 WATER SERVICES 90.93
1870 05-001934 WATER SERVICES 7.25
1871 08-004995 WATER SERVICES 36.25
1872 08-004995 WATER SERVICES 24.42
1873 02-002630 WATER SERVICES 24.42
1874 08-004995 WATER SERVICES 31.67
Total: 773.95
207610 5/16/2023 001306 CORELOGIC SOLUTIONS, LLC. 30664456 12-000408 PROF & CONTRACTUAL SERVICE 273.18 Page: 9
16 vchlist Check List Page: 10
05/09/2023 3:59:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207610 5/16/2023 001306 001306 CORELOGIC SOLUTIONS, LLC. (Continued) Total: 273.18 207611 5/16/2023 010638 COURT OF CALIFORNIA, COUNTY OF LA MARCH 2023 11-002163 PROF & CONTRACTUAL SERVICE 18,808.50 Total: 18,808.50
207612 5/16/2023 013725 CRAFTWATER ENGINEERING, INC. 21-058 -2 06-009812 PROF & CONTRACTUAL SERVICE 21 ,925.94 21-058-4 06-009812 PROF & CONTRACTUAL SERVICE 31 ,743.19 21-058-5 06-009812 PROF & CONTRACTUAL SERVICE 26,163 .74 Total: 79,832.87
207613 5/16/2023 013751 CUELLAR , LUIS GERARDO 013751-053123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
207614 5/16/2023 006056 CWF FLOORING 29254 08-005115 PROF & CONTRACTUAL SERVICE 3,691 .33 Total: 3,691.33
207615 5/16/2023 011977 DELGADILLO , LILIANA A. 011977-042023 PERSONNEL BOARD COMM STIPEND 50.00 Total: 50.00
207616 5/16/2023 013875 DELGADO, ADRIANA 70163147 REFUND-CANCALLED SUMMER CAMP 310.00 Total: 310.00
207617 5/16/2023 013431 DEONDRA TISDALE 013431-042023 PERSONNEL BOARD COMM STIPEND 50.00 Total: 50.00
207618 5/16/2023 002799 ECS IMAGING INC 17669 12-000446 PROF & CONTRACTUAL SERVICE 13,165.00 Total: 13,165.00
207619 5/16/2023 013825 EDGESOFT, INC 3360 11-002233 PROF & CONTRACTUAL SERVICE 21,500 .00 Total: 21,500.00
207620 5/16/2023 004089 ELDER, BRUCE A. 004089-042723 08-005017 PROF & CONTRACTUAL SERVICE 807.20 Total: 807.20
207621 5/16/2023 013832 ELIAS, ZOILA 001795-0056 REFUNDABLE DEPOSIT 3,600.00 Total: 3,600.00
207622 5/16/2023 013854 ESTHER, JAIME 377128702 REFUND-PARKING CITATION TICKET 63.91 Page: 10
17 vchlist Check List Page: 11
05/09/2023 3:59:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207622 5/16/2023 013854 013854 ESTHER, JAIME (Continued) Total: 63.91 207623 5/16/2023 001087 FANTASY FLOWERS AND GIFTS 2329 08-005123 COMMUNITY ACTIVITY EXPENSE 187.43 2330 08-005077 COMMUNITY ACTIVITY EXPENSE 139.57
2330-A 08-005123 COMMUNITY ACTIVITY EXPENSE 25.81
2337 08-005123 COMMUNITY ACTIVITY EXPENSE 187.43
2350 08-005123 COMMUNITY ACTIVITY EXPENSE 49.61
Total : 589.85
207624 5/16/2023 001393 FERGUSON ENTERPRISES, INC. 2464600 06-009824 MATERIALS AND SUPPLIES 256.21 Total: 256.21
207625 5/16/2023 002234 FLORES, MARK 002234-042123 REIMBURSEMENT 505.95 Total: 505.95
207626 5/16/2023 003983 GALLS QUARTERMASTER BC 1853870 11-002139 UNIFORMS & ACCESSORIES 548.61 BC 1855082 11-002139 UNIFORMS & ACCESSORIES 523.98
Total : 1,072.59
207627 5/16/2023 009038 GARY, HARDIE 009038-042023 PERSONNEL BOARD COMM STIPEND 50.00 Total: 50.00
207628 5/16/2023 013838 GEORGE, LINDA MAE 013838-031623 PERSONNEL BOARD COMM STIPEND 50.00 013838-042023 PERSONNEL BOARD COMM STIPEND 50.00
Total: 100.00
207629 5/16/2023 011687 GLOBAL EQUIPMENT COMPANY INC. 6878343 08-005113 EQUIPMENT PURCHASE 2,826 .80 Total: 2,826.80
207630 5/16/2023 013833 GONZALEZ, JAVIER 002170-0040 REFUNDABLE DEPOSIT 2,000.00 Total: 2,000.00
207631 5/16/2023 013702 GOOD GUARD SECURITY INC 10840 08-005070 PROF & CONTRACTUAL SERVICE 12,231.55 11452 08-005080 PROF & CONTRACTUAL SERVICE 453.30
11598 08-005070 PROF & CONTRACTUAL SERVICE 14,178.32
11599 08-005080 PROF & CONTRACTUAL SERVICE 525.67
11614 08-005070 PROF & CONTRACTUAL SERVICE 13,754.03
11616 06-009842 PROF & CONTRACTUAL SERVICE 5,523 .15
--
Page: 11
18 vchlist Check List Page: 12
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207631 5/16/2023 013702 013702 GOOD GUARD SECURITY INC (Continued) Total: 46,666.02 207632 5/16/2023 009832 HARDING, ELIZABETH 8. 009832-042523 08-005019 PROF & CONTRACTUAL SERVICE 170.00 Total: 170.00
207633 5/16/2023 012031 HARMONY PROJECT 050223 11-002141 PROF & CONTRACTUAL SERVICE 4,176.00 Total: 4,176.00
207634 5/16/2023 013852 HERNANDEZ, AMADOR & LUCIA B-011457 REFUND-PERMIT CANCELLATION 710.00 Total: 710.00
207635 5/16/2023 013853 HERNANDEZ, MARTINA MACIAS 688124547 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207636 5/16/2023 005848 INFRASTRUCTURE ENGINEERS 28394-8 06-009887 PROF & CONTRACTUAL SERVICE 12,464.00 Total: 12,464.00
207637 5/16/2023 009103 JHM SUPPLY, INC. 86389/3 06-009566 LANDSCAPING SUPPLIES 447.51 Total: 447.51
207638 5/16/2023 010358 JIMENEZ, JESSICA 010358-042723 08-005071 PROF & CONTRACTUAL SERVICE 768.00 Total: 768.00
207639 5/16/2023 001269 JOHN L. HUNTER & ASSOCIATES LYN11CF12302 06-009700 PROF & CONTRACTUAL SERVICE 32.50 L YN1MS412302 06-009701 PROF & CONTRACTUAL SERVICE 1,155.00 L YN1MS412303 06-009701 PROF & CONTRACTUAL SERVICE 1,335.40 Total : 2,522.90
207640 5/16/2023 003547 KANE, BALLMER & BERKMAN 27890 11-002229 LEGAL SERVICE 3,062.50 Total : 3,062.50
207641 5/16/2023 013434 KILEY & ASSOCIATES,LLC 20 01-001745 LOBBYING SERVICES 5,000.00 Total : 5,000.00
207642 5/16/2023 000001 KING FENCE, INC 47629 08-004997 FENCE RENTAL 42.50 Total: 42.50
207643 5/16/2023 013664 KOSMONT COMPANIES 2110.7-011 11-002213 PROF & CONTRACTUAL SERVICE 2,017.60 Page: 12
19 vchlist Check List Page: 13
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207643 5/16/2023 013664 013664 KOSMONT COMPANIES (Continued) Total: 2,017.60 207644 5/16/2023 003331 L.A. COUNTY SHERIFF DEPT. 232866DL 01-001729 PROF & CONTRACTUAL SERVICE 5,730.26 Total: 5,730.26
207645 5/16/2023 010124 LABORATORIES, INC., AMERICAN 214341 06-009449 PROF & CONTRACTUAL SERVICE 2,557.00 Total: 2,557.00
207646 5/16/2023 013856 LANDS LLOYD & KELLY LAVERN 455131456 REFUND-PARKING CITATION TICKET 30.00 Total: 30.00
207647 5/16/2023 004493 LIMON, ANNA 16475635 REFUND-BATEMAN HALL RENTAL 100.00 Total: 100.00
207648 5/16/2023 006146 LOPEZ, ROSEMILLIE 006146-042023 PERSONNEL BOARD COMM STIPEND 50.00 Total: 50.00
207649 5/16/2023 009041 LOYA, RUUD AND ROMO, ATKINSON, 678566 05-001942 LEGAL SERVICES 259.00 Total: 259.00
207650 5/16/2023 008097 LRJ CONSTRUCTION, INC. 588 11-002231 PROF & CONTRACTUAL SERVICE 9,000.00 590 11-002231 PROF & CONTRACTUAL SERVICE 1,000.00
Total: 10,000.00
207651 5/16/2023 003969 M B BILLIARDS 8 OPERATING SUPPLIES 407.00 Total: 407.00
207652 5/16/2023 000111 MANAGED HEAL TH NElWORK PRM-080249 05-001935 PROF & CONTRACTUAL SERVICE 303.05 Total: 303.05
207653 5/16/2023 002761 MARCO POWER EQUIPMENT 31215066 06-009672 OPERATING SUPPLIES 221 .57 Total: 221.57
207654 5/16/2023 013620 MEDINA, MARISOL 013620-042623 08-005027 PROF & CONTRACTUAL SERVICE 1,604.00 Total: 1,604.00
207655 5/16/2023 013867 MERINO, ROSA 104762 REFUND-PARKING CITATION TICKET 146.00 Total: 146.00
Page: 13
20 vchlist Check List Page: 14
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207656 5/16/2023 013065 MKN & ASSOCIATES 102375 06-009787 PROF & CONTRACTUAL SERVICE 34,592.95 Total : 34,592.95
207657 5/16/2023 011975 MOMAR,INC . PSl495650 06-009723 OPERATING SUPPLIES 743.12 Total: 743.12
207658 5/16/2023 008782 MSJ ACCESS INC 91070412 06-009677 LOCKSMITH SERVICES 278.12 Total: 278.12
207659 5/16/2023 013407 MSW CONSULTANTS 607 06-009877 PROF & CONTRACTUAL SERVICE 9,600.00 Total: 9,600.00
207660 5/16/2023 000373 NATIONAL BUSINESS FURNITURELLC MK592521 08-005116 OFFICE EQUIPMENT 2,661.66 Total : 2,661.66
207661 5/16/2023 013863 NAVARRO, LUIS 433124611 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207662 5/16/2023 013869 NAVARRO, LUIS 377128385 REFUND-PARKING CITATION TICKET 99.00 Total: 99.00
207663 5/16/2023 013561 NEOBITS, INC NW583243 08-005114 EQUIPMENT PURCHASE 8,832.06 Total : 8,832.06
207664 5/16/2023 000078 ODP BUSINESS SOLUTIONS,LLC 288750428001 08-005126 OFFICE SUPPLIES 61.31 290273464001 08-005126 OFFICE SUPPLIES 102.75
290273967001 08-005126 OFFICE SUPPLIES 1,526.48
309545281001 06-009661 OFFICE SUPPLIES 101.42
Total : 1,791.96
207665 5/16/2023 005562 ORKIN PEST CONTROL 239760662 08-005008 PEST CONTROL SERVICE 140.00 241271783 08-005008 PEST CONTROL SERVICE 140.00
241271786 08-005008 PEST CONTROL SERVICE 120.00
242427425 08-005008 PEST CONTROL SERVICE 140.00
Total: 540.00
207666 5/16/2023 000045 OSUNA AUTO GLASS 1004957 AUTO EXPENSE 295.00 Page: 14
21 vchlist Check List Page: 15
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207666 5/16/2023 000045 000045 OSUNA AUTO GLASS (Continued) Total : 295.00 207667 5/16/2023 013636 PACIFIC ADVANCED CIVIL ENG,INC 6784 06-009737 PEST CONTROL SERVICE 820.00 Total : 820.00
207668 5/16/2023 013874 PEREZ, GABRIEL 444124528 REFUND-PARKING CITATION TICKET 124.00 477128662 REFUND-PARKING CITATION TICKET 124.00
Total : 248.00
207669 5/16/2023 008307 PHOENIX GROUP INFORMATION SYS 0320231204 11-002154 PROF & CONTRACTUAL SERVICE 5,324.07 032023204 11-002154 PROF & CONTRACTUAL SERVICE 28,085.85 032023902 11-002154 PROF & CONTRACTUAL SERVICE 642.68
Total : 34,052.60
207670 5/16/2023 008664 PINS ADVANTAGE 2434 05-001948 PROF & CONTRACTUAL SERVICE 137.50 2468 05-001948 PROF & CONTRACTUAL SERVICE 137.50
Total : 275.00
207671 5/16/2023 013226 PSI CERTIFIED BACKFLOW 6713 06-009680 PROF & CONTRACTUAL SERVICE 298.85 Total : 298.85
207672 5/16/2023 001313 QUINONEZ, MARIA 001313-053123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
207673 5/16/2023 001057 RAMIREZ, JUAN E. 230228 03-000440 PROF & CONTRACTUAL SERVICE 1,040.00 230330 03-000440 PROF & CONTRACTUAL SERVICE 1,040.00
Total: 2,080.00
207674 5/16/2023 013871 RAMOS, ARIZMENDI & JOSE CARLOS 722124345 REFUND-PARKING CITATION TICKET 25.00 Total: 25.00
207675 5/16/2023 013876 RICARDSON, QUINETTA 19787836 REFUND-BATEMAN HALL RENTAL 175.00 Total : 175.00
207676 5/16/2023 013724 ROBERT D NIEHAUS INC. 9187 06-009836 2023 WATER AND SEWER RATES 5,160.00 Total : 5,160.00
207677 5/16/2023 005566 RODRIGUEZ GONZALEZ, YOLANDA 005566-030123 11-002129 CDBG ADVISORY BOARD STIPEND 50.00 Page: 15
22 vchlist Check List Page: 16
05/09/2023 3:59:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207677 5/16/2023 005566 RODRIGUEZ GONZALEZ, YOLANDA (Continued) 005566-041923 11-002129 CDBG ADVISORY BOARD STIPEND 50.00 Total: 100.00
207678 5/16/2023 013868 RONETTE, WILSON 722124125 REFUND-PARKING CITATION TICKET 30.00 Total: 30.00
207679 5/16/2023 008036 RUBIO'S TIRE SHOP 1994 06-009727 AUTO EXPENSE 15.00 1995 06-009727 AUTO EXPENSE 15.00
1997 06-009727 AUTO EXPENSE 15.00
1998 06-009727 AUTO EXPENSE 15.00
Total: 60.00
207680 5/16/2023 000519 S&S WORLDWIDE IN101167249 08-005104 OPERATING SUPPLIES 500.99 IN101172757 08-005104 OPERATING SUPPLIES 316.87
IN101804031-D01 08-005104 OPERATING SUPPLIES 394.53
Total: 1,212.39
207681 5/16/2023 010757 SALAZAR RIVERO, YUNUEE 16475635 PROF & CONTRACTUAL SERVICE 300.00 Total: 300.00
207682 5/16/2023 007205 SANCHEZAWARDS 2215 01-001739 PLAQUES AND ENGRAVING 46.30 2216 01-001739 PLAQUES AND ENGRAVING 82.68
2217 01-001739 PLAQUES AND ENGRAVING 76.07
2218 01-001739 PLAQUES AND ENGRAVING 165.37
2219 01-001739 PLAQUES AND ENGRAVING 54.57
Total : 424.99
207683 5/16/2023 013372 SECTRAN SECURITY INC 22120519 02-002617 PROF & CONTRACTUAL SERVICE 436.31 23040538 02-002617 PROF & CONTRACTUAL SERVICE 470.57
Total : 906.88
207684 5/16/2023 010635 SECURITY OF LOS ANGELES, INC 342271 12-000444 PROF & CONTRACTUAL SERVICE 235.00 Total: 235.00
207685 5/16/2023 013872 SHORTER, PAMELA 18500121 REFUND-BATEMAN HALL RENTAL 200.00 Total : 200.00
Page: 16
23 vchlist Check List Page: 17
05/09/2023 3:59:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207686 5/16/2023 013859 SPEARS, JOHN 466124930 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207687 5/16/2023 012311 SPECIAL SERVICE FOR GROUPS, IN QUARTER 3 -2023 11-002156 PROF & CONTRACTUAL SERVICE 7,143.95 Total: 7,143.95
207688 5/16/2023 009040 STOTZ EQUIPMENT W31814 06-009608 REPAIRS AND MAINTENANCE 1,437.61 Total: 1,437.61
207689 5/16/2023 013870 SUNCIN, ANISSA BRIANA 6651 REFUND-PARKING CITATION TICKET 560.00 Total: 560.00
207690 5/16/2023 008420 SWANK MOTION PICTURES, INC RG 2022484 08-004988 PROF & CONTRACTUAL SERVICE 1,020.00 Total: 1,020.00
207691 5/16/2023 002938 TAJ OFFICE SUPPLY 03050 06-009588 OFFICE SUPPLIES 85.71 03103 01-001742 OFFICE SUPPLIES 396.57
Total: 482.28
207692 5/16/2023 013367 TANNER LLC SIN036550 01-001779 PROF & CONTRACTUAL SERVICE 3,600 .00 Total: 3,600.00
207693 5/16/2023 013701 TAYLOR, LASHONDA 013701-042723 PROF & CONTRACTUAL SERVICE 280 .00 Total: 280.00
207694 5/16/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 735179889 08-005129 MATERIALS & SUPPLIES 219.40 740150289 08-005129 MATERIALS & SUPPLIES 681 .99
741524201 08-005025 MATERIALS & SUPPLIES 102.74
742148208 06-009630 MATERIALS & SUPPLIES 1,428.84
742148216 06-009630 MATERIALS & SUPPLIES 1,190.70
Total : 3,623.67
207695 5/16/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 739893535 06-009629 MATERIALS & SUPPLIES 277.20 740764055 06-009629 MATERIALS & SUPPLIES 278.03
741036248 06-009629 MATERIALS & SUPPLIES 110.67
741467690 06-009629 MATERIALS & SUPPLIES 343 .20
741468441 06-009629 MATERIALS & SUPPLIES 343.98
741486591 06-009629 MATERIALS & SUPPLIES 235 .29
Page: 17
24 vchlist Check List Page: 18
05/09/2023 3:59:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207695 5/16/2023 013215 THE HOME DEPOT PRO SUPPLY WORK (Continued) 741488266 06-009629 MATERIALS & SUPPLIES 515.97
741736417 06-009629 MATERIALS & SUPPLIES 291.26
742241557 06-009629 MATERIALS & SUPPLIES 37.07
742242860 06-009629 MATERIALS & SUPPLIES 72.56
742495922 06-009629 MATERIALS & SUPPLIES 53.58
Total: 2,558.81
207696 5/16/2023 004179 TIERRA WEST ADVISORS, LLC LY-0323C 11-002207 PROF & CONTRACTUAL SERVICE 483.75 Total: 483.75
207697 5/16/2023 003313 TRANSPORTATION, LOS ANGELES 6019252 02-002616 PROF& Total : 120.00
207698 5/16/2023 012294 TRANSTECH ENGINEERS, INC. 20221563R 06-009892 PROF & CONTRACTUAL SERVICE 2,340 .00 20222014R 06-009892 PROF & CONTRACTUAL SERVICE 2,510 .00 20222015 06-009891 PROF & CONTRACTUAL SERVICE 2,775 .00 20222294R 06-009659 PROF & CONTRACTUAL SERVICE 280.00
20222295 06-009891 PROF & CONTRACTUAL SERVICE 11,444.00 20222723R 06-009892 PROF & CONTRACTUAL SERVICE 6,105.00 20222724 06-009891 PROF & CONTRACTUAL SERVICE 5,803 .75 20231131R 06-009892 PROF & CONTRACTUAL SERVICE 15,575.00 20231132 06-009891 PROF & CONTRACTUAL SERVICE 213.25
20231555 06-009479 PROF & CONTRACTUAL SERVICE 362.50
20231557 06-009656 PROF & CONTRACTUAL SERVICE 36.25
20231559-R 06-009892 PROF & CONTRACTUAL SERVICE 4,410 .00 20231560 06-009891 PROF & CONTRACTUAL SERVICE 23,343.75 PROF & CONTRACTUAL 06-009659 210.00
Total : 75,408.50
207699 5/16/2023 013487 TRUSAIC CINV-029209 05-001933 PROF & CONTRACTUAL SERVICE 515.00 Total: 515.00
207700 5/16/2023 008828 TURF SPECIALTIES, INC, PROFESSIONAL 6897 08-005135 PROF & CONTRACTUAL SERVICE 500.00 Total : 500.00
207701 5/16/2023 007742 ULINE, INC. 162540808 06-009592 JANITORIAL SUPPLIES 209.70 Page: 18
25 vchlist Check List Page: 19
05/09/2023 3:59 :04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207701 5/16/2023 007742 ULINE, INC, (Continued)
162717112 08-005072 OPERATING SUPPLIES 109.23
Total: 318.93
207702 5/16/2023 000166 UNDERGROUND SERVICE ALERT/SC 22-2303625 06-009593 UNDERGROUND SERVICE ALERT 110.90 420230426 06-009593 UNDERGROUND SERVICE ALERT 314.50
Total: 425.40
207703 5/16/2023 009742 UNIFIRST CORPORATION 3242874267 06-009621 UNIFORM SERVICE AND SUPPLIES 68.30 3242674269 06-009621 UNIFORM SERVICE AND SUPPLIES 112.23 3242674270 06-009621 UNIFORM SERVICE AND SUPPLIES 158.86 3242874271 06-009821 UNIFORM SERVICE AND SUPPLIES 94.87 3242877639 06-009621 UNIFORM SERVICE AND SUPPLIES 74.17 3242677640 06-009621 UNIFORM SERVICE AND SUPPLIES 59.92 3242677641 06-009621 UNIFORM SERVICE AND SUPPLIES 112.23 3242677642 06-009621 UNIFORM SERVICE AND SUPPLIES 130.62 3242877643 06-009821 UNIFORM SERVICE AND SUPPLIES 94.87 3242881032 06-009621 UNIFORM SERVICE AND SUPPLIES 74.17 3242881033 06-009621 UNIFORM SERVICE AND SUPPLIES 59.92 3242881034 06-009621 UNIFORM SERVICE AND SUPPLIES 112.23 3242681035 06-009621 UNIFORM SERVICE AND SUPPLIES 130.62 3242681036 06-009821 UNIFORM SERVICE AND SUPPLIES 94.87 3242884381 06-009621 UNIFORM SERVICE AND SUPPLIES 74.17 3242864382 06-009621 UNIFORM SERVICE AND SUPPLIES 59.92 3242684363 06-009621 UNIFORM SERVICE AND SUPPLIES 112.23 3242864384 06-009621 UNIFORM SERVICE AND SUPPLIES 151.82 3242864385 06-009621 UNIFORM SERVICE AND SUPPLIES 94.67 3242887777 06-009621 UNIFORM SERVICE AND SUPPLIES 74.17 3242887778 06-009621 UNIFORM SERVICE AND SUPPLIES 59.92 3242887779 06-009621 UNIFORM SERVICE AND SUPPLIES 112.23 3242887780 06-009621 UNIFORM SERVICE AND SUPPLIES 130.62 3242887781 06-009821 UNIFORM SERVICE AND SUPPLIES 94.87 3242891145 06-009621 UNIFORM SERVICE AND SUPPLIES 72.43 3242891146 06-009621 UNIFORM SERVICE AND SUPPLIES 59.92 3242691147 06-009621 UNIFORM SERVICE AND SUPPLIES 141 .59 3242891148 06-009621 UNIFORM SERVICE AND SUPPLIES 155.41 3242691149 06-009821 UNIFORM SERVICE AND SUPPLIES 94.87 Page: 19
26 vchlist Check List Page: 20
05/09/2023 3:59:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207703 5/16/2023 0097 42 009742 UNI FIRST CORPORATION (Continued) Total : 2,886.94 207704 5/16/2023 000461 UNITED RENTALS, INC. 218120601-001 08-005130 COMMUNITY ACTIVITY EXPENSE 164.02 Total : 164.02
207705 5/16/2023 013858 VALENCIA, GABRIEL 688124373 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207706 5/16/2023 013864 VENTURA, RUBEN 522129788 REFUND-PARKING CITATION TICKET 69.00 Total: 69.00
207707 5/16/2023 006351 VILLEGAS, KARINA 002021-0002 REFUNDABLE DEPOSIT 2,100.00 Total : 2,100.00
207708 5/16/2023 002912 WATERLINE TECHNOLOGIES ,INC 5628367 06-009853 OPERATING SUPPLIES 812.65 5628368 06-009853 OPERATING SUPPLIES 406.33
5628369 06-009853 OPERATING SUPPLIES 451.47
5629022 06-009853 OPERATING SUPPLIES 300.98
5629023 06-009853 OPERATING SUPPLIES 797.60
Total : 2,769.03
207709 5/16/2023 009100 WATERWORKS TECHNOLOGY,INC . 6970 06-009829 PROF & CONTRACTUAL SERVICE 34,700.00 Total : 34,700.00
207710 5/16/2023 001522 WECK LABORATORIES, INC. W3D2172 06-009597 ANALYZE WATER SAMPLES 100.00 Total : 100.00
207711 5/16/2023 000601 WESTERLY METER SERVICE CO. 17310 06-009710 WATER METER TESTING 35.00 Total : 35.00
207712 5/16/2023 007609 WILLDAN FINANCIAL SERVICES 010-53634 02-002653 PROF & CONTRACTUAL SERVICE 1,697.00 Total : 1,697.00
139 Vouchers for bank code: apbank Bank total : 576,165.71 Page: 20
27 RESOLUTION NO. 2022.XXX
Warrant Registers Dated 05-16-2023
PASSED, APPROVED and ADOPTED this 16th day of May_, 2023.

Oscar Flores, Mayor
ATTEST:
__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration
28 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 16th day of May, 2023.

AYES: COUNCIL MEMBERS MUNOZ, SOLACHE, CAMACHO MAYOR PRO TEM

SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2022.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this _16th day of May_, 2023. ___________________________
Maria Quiňonez,
City Clerk
29 AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

AWARD OF CONTRACT AND APPROVAL TO RE CHAFFEE
CONSTRUCTION INC. FOR THE LARGE ADVANCED METERING
INFRASTRUCTURE REPLACEMENT PROJECT FY 2022-2023
Agenda Item # 8.2.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO RE CHAFFEE CONSTRUCTION INC. AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $180,475.00 FOR THE LARGE ADVANCED METERING INFRASTRUCTURE REPLACEMENT PROJECT FY 2022-2023; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT”.

Background:

The City of Lynwood has aging large water meters that are past their service life and are impacting the accuracy on capturing water usage. On December 14, 2021, City Council awarded a contract to Aqua-Metric Sales Corporation to supply AMI data collection system and large AMRI meters (Resolution 2021.139). On February 7 2023, City Council authorized City Staff to solicit a notice inviting bids (NIB) for the installation of the Large Advanced Meter Infrastructure Project Phase 1.

The work to be performed consists of the installation of approximately four (4) 6-inch, twenty- six (26) 4-inch, and twenty-seven (27) 3-inch water meters, meter antenna units (MXUs), meter pit lids and frames, as required. The large meters and noted meter vault will be provided by the City and installed by Contractor. Work will also include, but is not limited to, connections to existing water services, valve installations, paving/sidewalk restoration and site restoration, including landscaping.

City Council City Council Regular Meeting 30
Discussion and Analysis:

In accordance with the Lynwood Municipal Code (LMC) Chapter 6 Subsection 6-3, On February 13, 2023, the NIB was advertised on the City’s web site (PlanetBids). The Bid opening took place in the PlanetBids platform on Thursday, March 16, 2023, at 10:00 am (PST).

The following five (5) bids were received:

Bidder
Bid

1. RE Chaffee Construction Inc.
$180,475.00

2. Dynamic Underground Services
$181,675.19

3. G&A Nelos Construction Inc.
$214,323.28

4. Vicon Enterprise Inc.
$245,100.00

5. Golden Meter Services Inc.
$405,045.00

An analysis of all bidders was conducted, including a review of their bid schedule, license, references, and federal documents. RE Chaffee Construction Inc. was the apparent lowest responsible bidder with a low base bid of $180,475.00. The bidder’s previous performance reveals that the contractor has the necessary experience and contractor’s license for this type of project.

It is estimated that this project will take approximately eighty (80) working days to complete the work set forth in the specifications. Upon authorization, staff will circulate the contract documents, set up a pre-construction meeting, and schedule work to commence.

Bid Items and Construction Budget:

The table below is the total proposed cost for the bid items provided by RE Chaffee Construction

LARGE ADVANCED METERING INFRASTRUCTURE REPLACEMENT
PROJECT FY 2022-2023
Amount
Bid Schedule
Mobilization/ Demobilization (Not to exceed 3% of total of all other prime contract Bid Items)
$5,100.00
Traffic Control
$24,800.00
Confined Space Safety - Sheeting, Shoring, and Bracing or Equivalent Method, as Needed
$10,800.00
Construction BMPs and Erosion Control
$7,200.00
Locate, remove 6” current meter, install new 6” Sensus meter, MXU, and set meter at ccf
$3,520.00
Locate, remove 4” current meter, install new 6” Sensus meter, MXU, and set meter at ccf
$21,320.00
Locate, remove 3” current meter, install new 6” Sensus meter, MXU, and set meter at ccf
$22,140.00
City Council City Council Regular Meeting 31
Meter Installation Award Contract pt.docx
RE Chaffee Bid Documents.pdf
Resolution Large_AMI_Meter_Installation_Award.docx
4" Meter Vault Upgrade Installation includes excavation, installation, and site restoration
$23,505.00
3" Meter Vault Upgrade Installation includes excavation, installation, and site restoration
$62,090.00
Total Proposed Cost
$180,475.00

The table below is the proposed revised construction budget and approved budget funding information.

Construction Contract Amount
$180,475.00
15% Contingency
$27,100.00
City Supplied Vaults
$30,000.00
Construction Inspection (10%)
$18,000.00
Project Management (10%)
$18,000.00
Labor Compliance & Other Cost (5.3%)
$9,425.00
Total Construction Cost
$283,000.00

LUA 2020 - Revenue Bond
$1,093,000.00
FY23 Approved Budget
$1,093,000.00

Fiscal Impact:

Large meter installation project has an approved FY23 Budget of $1,093,000.00 and will be utilizing CIP #4011.68.093.62015. No additional appropriation is needed.

Coordinated With:

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

Description
City Council City Council Regular Meeting 32

CITY OF LYNWOOD AGREEMENT

LARGE METER CHANGE-OUT ADVANCED METERING

INFRASTRUCTURE (AMI) PROJECT
This agreement (the “Agreement”) is made and entered into on this 2nd day of May, 2023 by and between the City of Lynwood, a California Municipal Corporation ("City") and RE Chaffee Construction, Inc., ("Contractor"). City and Contractor are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

R E C I T A LS
City and Contractor, based upon the mutual promises contained herein, do hereby agree as follows:

I. CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents, the terms and conditions of which are expressly incorporated as component parts of this Agreement as if herein set out in full or attached hereto:

A. Notice Inviting Bids, Dated February 13, 2023
B. Instructions to Bidders.

C. Addenda.

D. Contractor’s Bid Proposal and Workers’ Compensation Certificate dated March 16, 2023 and all other Bid Documents attached thereto, including but not limited to:

1. Bid Schedule(s)

2. List of Subcontractors

3. Anti-Trust Claim

4. Non-Collusion Affidavit

5. Bidder’s General Information

6. Bid Bond (Bid Security Form)

7. Bidder’s Insurance Statement
E. Payment Bond.

F. Performance Bond.

G. Certificates/Proof of Insurance and Endorsements.

H. Certified Copy of the Lynwood City Council Resolution, not required.

I. Notice of Award dated May 7, 2023.

J. Notice to Proceed dated .

K The Plans (Contract Drawings).

L. Special Provisions
M. Standard Specifications for Public Works Construction, “Greenbook” latest Edition.
33

N. Appendices A through H of the Contract Documents.

O. Reference Specifications.

P Approved and Fully-Executed Change Orders.

Q. The Director of the Department of Industrial Relations’ Determination of Prevailing Wage Rates for Public Works for each craft or type of worker required to perform the Work under this Agreement.

II. CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept as full payment for the Work outlined in the Contract Documents, the Contract Price of One Hundred Eighty Thousand Four Hundred Seventy Five Dollars ($ 180,475.00) subject to additions and deductions, if any, made in accordance with said Contract Documents. Progress payments shall not be made more often than once each thirty (30) days, nor shall progress payments paid be in excess of ninety percent (90%) of the Contract Price at time of completion. Finalpayment to Contractor will be processed thirty- five (35) days after the City has recorded the Notice of Completion. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.

Payment of undisputed amounts due under this Agreement, including the final payment due hereunder, is contingent upon the Contractor furnishing to the City an unconditional release by the Contractor of all claims against the City arising by virtue of this Agreement related to those amounts. Disputed claims in stated amounts may be specifically excluded by Contractor from the operation of any release. No payment, final or otherwise, shall operate to release the Contractor or its sureties from obligations arising under this Agreement or the bonds and warranties furnished hereunder. No payment shall be construed as an acceptance of any of the Work or of defective or improper materials.

III. BONDS
Within ten (10) calendar days of receiving the Notice of Award and prior to Contractor’s commencement of the Work, Contractor shall furnish to City, using the forms set forth in the Bid Documents, a Labor and Materials Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price, said bonds to be in conformance with the Contract Documents, including but not limited to, the General Specifications and Subsection 2.2.2 of the Special Provisions.

IV. INDEMNITY
Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its respective elected and appointed boards, officials, officers, agents, employees, representatives and volunteers (individually and collectively referred to hereinafter as “Indemnitees”) free and harmless from any and all claims, demands, causes of action, 34

costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Agreement, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense andrisk, with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such suit, action or other legal proceeding.

Contractor shall reimburse Indemnitees for any and all legal expenses and costsincurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by California Civil Code Section 2782.

This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City.

V. INSURANCE
Without limiting Contractor’s indemnification of Indemnitees as set forth in Section IV of this Agreement, Contractor shall obtain, provide and maintain, at its own expense, the types and amounts of insurance described in Subsection 2.7.2 of the Special Provisions of the Contract Documents. Such insurance shall be in force prior to Contractor commencing any Work under this Agreement and shall remain in force for the duration of this Agreement and for any other such period as may be required herein. Contractor shall provide proof of the required insurance coverage and the endorsements specified in Subsection 2.7.2 of the Special Provisions within ten (10) calendar days of receipt of the Notice of Award.

VI. INELIGIBLE SUBCONTRACTORS
In accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not perform any work under this Agreement with a subcontractor who is ineligible to perform work on a public works contract pursuant to Sections 1777.1 and 1777.7 of the California Labor Code. Contractor further acknowledges that any contract on a public works project entered into between a contractor and debarred subcontractor is void as a matter of law, and a debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a Contractor for work performed on this Project shall be 35

returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who have been allowed to work on the Project.

VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES
The Contractor shall commence the Work required by this Agreement within ten (10) calendar days of the date specified in the Notice to Proceed from the City and shall complete all Work as specified in the Contract Documents within EIGHTY (80) WORKING DAYS from the date in said Notice.

City and Contractor have discussed the provisions of Government Code Section 53069.85 and the damages that may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of working days allowed. Accordingly, City and Contractor agree that the sum of $500.00 per calendar day is a reasonable sum to assess as Liquidated Damagesto City by reason of the failure of Contractor to complete the Work within the time specified.

VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861
By signing this Agreement, Contractor makes the following certification required by Section 1861 of the California Labor Code:
“I am aware of the provisions of Section 3700 of the California Labor Code which requires 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 any Work under this Agreement.” IX. APPRENTICES
The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.

X. SUBSTITUTION OF SUBCONTRACTORS
The Contractor hereby agrees to reimburse the City for costs incurred by the City in the substitution of subcontractors. Where a hearing is held pursuant to the provisions of Section 4100 et seq. of the Public Contract Code by the City or a duly appointed hearing officer, the Clerk of the City of Lynwood shall prepare and certify a statement of all costs incurred by the City for investigation and conduct of the hearing, including the costs of any hearing officer and shorthand reporter appointed.
36

The statement shall then be sent to the Contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to the Contractor prior to the City’s acceptance of the Project.

XI. LICENSES
Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this Agreement shall be cause for the immediate and summary termination of this Agreement by City.

Contractor shall be liable for all City's costs incurred to complete the Work under this Agreement in the event of such termination.

XII. EMPLOYMENT DISCRIMINATION PROHIBITED
Pursuant to California Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation in the performance of Work under this Agreement. The Contractor will take affirmative action to ensure that employees are treated during employment or training without regard to their of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation.

XIII. PREVAILING WAGES
The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

Since the work covered by this Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws as set forth in the foregoing statutes and in the Special Provisions of the Contract Documents.

XIV. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrants and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder.
37

XV. ASSIGNMENT; GOVERNING LAW
This Agreement may not be assigned by Contractor, in whole or in part, without the prior written consent of the City. This Agreement and any dispute arising hereunder shall be governed by the law of the state of California.

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

City Contractor
City of Lynwood
Attn: City Engineer Attn:
11750 Alameda Street
Lynwood, CA 90262
Fax No. (310) 635-0493 Fax No.

XVII. ATTORNEYS FEES
Should either Party bring any action to protect or enforce its rights under this Agreement or the Contract Documents, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorney’s fees and costs.

XVIII. WARRANTY
All Work shall be warranted by Contractor against defective workmanship and materials for a period of one (1) year form the date the Work is accepted as complete by the Lynwood City Council. The contractor shall replace or repair any such defective work in a manner satisfactory to Engineer, following notice from Engineer specifying the work to be done and the time in which replacement or repair shall be completed. If Contractor fails to make such replacement or repair within the time specified in the notice, the City may perform the needed repairs and Contractor’s sureties shall be liable for the cost thereof.

XIX. ENTIRE AGREEMENT, WAIVER AND MODIFICATION
This Agreement contains the completely final, entire, and exclusive agreement between the Parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless made in writing signed by both Parties. Any attempted modification, amendment, or alteration in violation hereof shall be void.
38

IN WITNESS WHEREOF , each of the Parties hereto has caused the Agreement to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written.

CITY OF LYNWOOD CONTRACTOR
RE CHAFFEE CONSTRUCTION, INC.

By: By:

Oscar Flores Signature of Chairman of Board,
Mayor President, or Vice President
Attest:
(Typed/Printed Name)
By:

Maria Quiñónez (Title)
City Clerk
By:

Signature of Secretary, Assistant
Approved as to Form: Secretary, CFO, or Assistant
Treasurer
By:

Noel Tapia (Typed/Printed Name)
City Attorney
(Title)
[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
City of Lynwood
LARGE ADVANCED METERING INFRASTRUCTURE (AMI) METER REPLACEMENT PROJECT, bidding on 03/16/2023 10:00 AM (PDT)

Printed 03/17/2023
PlanetBids, Inc.
63 City of Lynwood
LARGE ADVANCED METERING INFRASTRUCTURE (AMI) METER REPLACEMENT PROJECT, bidding on 03/16/2023 10:00 AM (PDT)

Printed 03/17/2023
PlanetBids, Inc.
64 City of Lynwood
LARGE ADVANCED METERING INFRASTRUCTURE (AMI) METER REPLACEMENT PROJECT, bidding on 03/16/2023 10:00 AM (PDT)

Printed 03/17/2023
PlanetBids, Inc.
65 1
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO RE CHAFFEE CONSTRUCTION INC. AS
THE LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $180,475.00

FOR THE LARGE ADVANCED METERING INFRASTRUCTURE
REPLACMENT PROJECT FY 2022-2023; AUTHORIZING THE CITY

MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO
THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE

AGREEMENT
WHEREAS, On December 14, 2021, City Council awarded a contract to Aqua- Metric Sales Corporation to supply AMI data collection system and large AMRI meters; and
WHEREAS, on February 7, 2023, the City Council authorized City Staff to solicit a notice inviting bids per LMC Chapter 6 Subsection 6-3 for the installation of the Large Advanced Meter Infrastructure Project Phase 1; and
WHEREAS, the scope of work consists of but is not limited to installation of various size water meters, meter antenna units, meter pit lids and frames, connections to existing water services, valve installations and other related work; and WHEREAS, on March 16, 2023, the city received five (5) bids for the Large Advanced Metering Infrastructure Replacement Project.; and
WHEREAS, the City has selected RE Chaffee Construction Inc. as the lowest responsible responsive bidder.; and
WHEREAS, the total project cost including contingency, inspection, project management, labor compliance and other costs will be $283,000.00; and WHEREAS, the cost for the project is less than the budgeted amount, appropriation is not needed to move forward with this Project.

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

Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.

Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and RE Chaffee Construction Inc. in a form approved by the City Attorney in the amount of $180,475.00. 66 2
Section 3. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget.

Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

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

Section 6. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
67 3
PASSED, APPROVED and ADOPTED this 16th day of May 2023.

Oscar Flores
Mayor
ATTEST:

Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Julian Lee
City Attorney Director of Public Works
68 4

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16th day of May 2023, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true, and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of May 2023.

Maria Quinonez, City Clerk
69 AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

PROJECT ACCEPTANCE OF THE SIDEWALK IMPROVEMENT

PROJECT AT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN
AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT
PROJECT FY22/FY23 PROJECT (CIP 4011.68.022)
Agenda Item # 8.3.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE

SIDEWALK IMPROVEMENT PROJECT AT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23 PROJECT (CIP 4011.68.022) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFCE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE.”
Background:

The City of Lynwood received resident requests for sidewalk improvements on various locations throughout the city. Staff collected all requests and created a list of priority locations where sidewalk Improvements are most needed. In addition to the resident derived priority list, the City identified needed sidewalk Improvements along Wright Road from Fernwood Avenue to Duncan Avenue.

City Council City Council Regular Meeting 70
Discussion and Analysis:

On May 17, 2022, the City awarded the contract to the lowest responsible bidder, FS Contractors Inc. in the amount of $556,090.00. The Notice to Proceed was issued for construction to begin on July 25, 2022. The final date of construction was on December 07, 2022. The scope of work included but was not limited to sidewalk, wheelchair ramp, curb and gutter and driveway approach improvements.

Approved Budget

A budget of $803,120 was approved by the City Council in Fiscal Year (FY) 22. $400,916 was appropriated in FY 22 and $252,204 in FY 23. Additional appropriation in the amount of $150,000 from Measure M bonds was needed.

During the construction phase, staff made numerous adjustments in the field to accommodate the discrepancies in the working conditions of the project. There were four (4) change orders issued and executed in the amount of $56,665. The increase to the contract amount was due to differing site conditions, field quantities, and additional repairs. The new contract amount including change orders was $612,755.00.

The original contract amount with FS Contractors Inc. was $556,090 while the final completed contract amount is $612,755. In addition, $71,465 was used for the construction management/construction inspection services by Transtech Engineers and an amount of $3,000 for labor compliance task provided by Avant Garde Inc. The total cost of this project was $687,220 which was within the budget amount of $803,120.

Construction was completed on December 07, 2022, and the Project is now ready for acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at the County Recorder’s Office. Staff will then release retention 35 days after the project acceptance.

Fiscal Impact:

This CIP project (4011.68.022) has an approved FY 22 and FY 23 budget using Bike & Ped Grant and Measure R Funds with an additional appropriation from Measure M Bond (Fund City Council City Council Regular Meeting 71
05-16-23 Sidewalk Improvement Project Acceptance (Resolution) - PWD.docx Attachment A - FS Contractors Change Orders.pdf
2357). The project has been completed and stayed within the budget amount. No additional funding is needed.

Coordinated With:

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

Description
City Council City Council Regular Meeting 72
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ACCEPTING THE SIDEWALK IMPROVEMENT PROJECT AT WRIGHT

ROAD FROM FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE
PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23
PROJECT (CIP 4011.68.022) AS COMPLETE; AUTHORIZING THE

FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFCE AND THE RELEASE OF THE 5%
RETENTION 35 DAYS AFTER THE ACCEPTANCE.

WHEREAS, the City of Lynwood has received requests from residents for sidewalk improvements for various locations throughout the City; and WHEREAS, the Project consists of removing and reconstructing sidewalks, curb and gutter, driveway improvements.; and
WHEREAS, on May 17, 2022, the City awarded the contract to the lowest responsible bidder, FS Contractors, Inc. in the amount of $556,090 for the project.; and WHEREAS, a budget of $803,120 was approved by the City Council in FY 22 using Bike & Ped Grant and Measure R Funds. The funding source approved was from FY 22/23 Budget and additional appropriation from Measure M Bond.; and WHEREAS, the construction of the Project started on July 25, 2022.; and WHEREAS, there were four (4) contract change orders executed in the amount of $56,665.; and
WHEREAS, the final date of construction was on December 7, 2022 for Priority 1 Citywide Sidewalk Improvements and found that all work was completed in accordance with the project plans and specifications.; and
WHEREAS, the total construction cost including project management and inspection is $687,220.

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

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

Section 2. That the City Council of the City of Lynwood accepts the Sidewalk Improvement Project Wright Road from Fernwood Ave to Duncan Ave and Citywide Priority 1 Sidewalk Improvement Project FY22/23 Project (CIP 4011.68.022) (“Project”) as complete in accordance with contract documents.
73 2
Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office.

Section 4. The City Council authorizes the release of the 5% retention 35 days after acceptance.

Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
74 3
PASSED, APPROVED and ADOPTED this 16th day of May 2023.

Oscar Flores
Mayor
ATTEST:

Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Julian Lee
City Attorney Director of Public Works
75 4

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16th day of May 2023, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true, and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of May 2023.

Maria Quinonez, City Clerk
76 CONTRACT CHANGE ORDERS DESCRIPTION AMOUNT
CONTRACT CHANGE ORDER NO.01r2 CHANGE IN SCOPE FOR BID ITEM #12, DUE TO CITY HAVING REMOVED SOME TREES PRIOR TO START OF CONSTRUCTION. REMOVE TREE STUMP AND PLANT NEW TREE. $ 28,020.00 CONTRACT CHANGE ORDER NO.02r1 02.1
REMOVE AND REPLACE OF PCC CURB & GUTTER, DRIVEWAY APPROACH (DONE IN 2 PHASES), SLOT PAVING AND BASE MATERIAL. LOCATION AT TWEETY BLVD BETWEEN LONG BEACH AND STATE ST. R&R TYPE A2-8 C&G PER SPPWC STD PLAN 120-2 WITH 2' SLOT PAVING
$ 10,140.00
CONTRACT CHANGE ORDER NO.02r1 02.2 R&R COMMERCIAL DRIVEWAY PER SPPWC110-2 TYPE A $ 7,845.00 CONTRACT CHANGE ORDER NO.02r1 02.3 PROVIDE AND INSTALL 6" CMB TO CURB & GUTTER $ 910.00 CONTRACT CHANGE ORDER NO.02r1 02.4 UNCLASSIFIED EXCAVATION $ 700.00 CONTRACT CHANGE ORDER NO.3.1 BALANCING CHANGE ORDER ON BID ITEM 3 BASED ON ACTUAL QUANTITIES -$ 425.50 CONTRACT CHANGE ORDER NO.3.2 BALANCING CHANGE ORDER ON BID ITEM 12 BASED ON ACTUAL FIELD QUANTITIES -$ 17,500.00 CONTRACT CHANGE ORDER NO.3.3 BALANCING CHANGE ORDER ON BID ITEM 13 BASED ON ACTUAL FIELD QUANTITIES $ 15,594.00 CONTRACT CHANGE ORDER NO.3.4 BALANCING CHANGE ORDER ON BID ITEM 14 BASED ON ACTUAL FIELD QUANTITIES $ 16,614.00 CONTRACT CHANGE ORDER NO.3.5 BALANCING CHANGE ORDER ON BID ITEM 15 BASED ON ACTUAL FIELD QUANTITIES -$ 15,000.00 CONTRACT CHANGE ORDER NO.4 REMOVE, DISPOSE AND REPLACE CONCRETE SIDEWALK AT VARIOUS LOCATIONS ON FERNWOOD AVE $ 9,767.50
TOTAL CONTRACT CHANGE ORDER AMOUNT: $ 56,665.00
ORIGINAL CONTRACT AMOUNT: $ 556,090.00
TOTAL NEW CONTRACT AMOUNT: $ 612,755.00

ATTACHMENT A

SIDEWALK IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23

77 01
CONTRACTOR: 01r2
Quantity Unit Unit Price Total

12.00 EA $2,335.00 $28,020.00
$556,090.00
$0.00
$28,020.00
$584,110.00
40 0
0 40
9/18/2022
9/18/2022
Name: Name:

Signature: Signature:

Title: Title:

Date: Date:

Name:

Signature:

Title:

Date:

Total Authorized Contract Amount To Date (Sum of The Above):

Additional/Deductive Days (Working) Per Previously Authorized Contract Change Orders (NA):

Revised Completion Date Including This Contract Change Order Total Contract Days (Working) Per Contract :

Additional/Deductive Days (Working) For This Contract Change Order Total Authorized Contract Days (Working) To Date (FOR CHANGE ORDERS):

I agree to perform the work described in this change order, and that the total cost approved for the change order includes any and all costs associated with this change order, and that I shall not make any other claims (including but not limited to, additional change order costs, delay costs, loss of profit, loss of productivity, overhead, insurance, bonding, administrative, etc.) against the City for this change order.

ACCEPTANCE BY CONTRACTOR
Original Completion Date:

Recommended by:

APPROVAL BY CITY
Approved by:

Okan Demirci, PE
Project Manager

CITY CONTRACT CHANGE ORDER AUTHORIZATION
Authorized Amount For This Contract Change Order
Base Contract Amount
Previously Authorized Contract Change Orders:

REF CCO REQUEST NO.:

APPROVED CCO NO.:

AUTHORIZATION TO PROCEED WITH THE FOLLOWING CHANGE ORDER:

PROJECT:

City of Lynwood, Sidewalk Improvement Project Wright Road From Fernwood Ave to Duncan Ave and Citywide Priority 1 Sidewalk Improvement Project FY22/FY23
FS Contractors, Inc.

Description
CITY PROJECT ID NO.:

CCO 01r2 - Change in Scope for Bid Item #12, due to City having removed some trees prior to start of construction. Remove Tree Stump and Plant New Tree.

Transtech Engineers, Inc., Std CCO Auth Form Page 1 of 1 Jose Angel Fierros
President
11/9/22
11/09/2022
78 02
CONTRACTOR: 02r1
Quantity Unit Unit Price Total
130.00 LF $78.00 $10,140.00
523.00 SF $15.00 $7,845.00

13.00 TON $70.00 $910.00

7.00 CY $100.00 $700.00
$556,090.00
$16,345.00
$19,595.00
$592,030.00
40 0
5 45
9/18/2022
9/23/2022
Name: Name:

Signature: Signature:

Title: Title:

Date: Date:

Original Completion Date:

Recommended by:

Revised Completion Date Including This Contract Change Order Total Contract Days (Working) Per Contract :

Additional/Deductive Days (Working) For This Contract Change Order Total Authorized Contract Days (Working) To Date (FOR CHANGE ORDERS):

Additional/Deductive Days (Working) Per Previously Authorized Contract Change Orders (NA):

Description
CITY PROJECT ID NO.:

APPROVAL BY CITY
Approved by:

Okan Demirci, PE
CCO 02.3 - Provide and Install 6” CMB to Curb & Gutter
CCO 02.4 - Unclassified Excavation
Total Authorized Contract Amount To Date (Sum of The Above):

CCO 02.1 - Remove and replace of PCC Curb & Gutter, Driveway Approach (done in 2 phases), Slot Paving and Base Material. Location at Tweety Blvd between Long Beach and State St. R&R Type A2-8 C&G per SPPWC Std Plan 120-2 with 2’ Slot Paving CCO 02.2 - R&R Commercial driveway per SPPWC110-2 Type A Project Manager

CITY CONTRACT CHANGE ORDER AUTHORIZATION
Authorized Amount For This Contract Change Order
Base Contract Amount
Previously Authorized Contract Change Orders:

REF CCO REQUEST NO.:

APPROVED CCO NO.:

AUTHORIZATION TO PROCEED WITH THE FOLLOWING CHANGE ORDER:

PROJECT:

City of Lynwood, Sidewalk Improvement Project Wright Road From Fernwood Ave to Duncan Ave and Citywide Priority 1 Sidewalk Improvement Project FY22/FY23
FS Contractors, Inc.

Transtech Engineers, Inc., Std CCO Auth Form Page 1 of 2 09/16/2022
79 CITY CONTRACT CHANGE ORDER AUTHORIZATION
City of Lynwood, Sidewalk lmprovement Proiect Wright Road From Fernwood Ave to Duncan Ave and Citywide Priority 'l Sidewalk lmprovement Proiect FY2ZFY23

PROJECT
CITY PROJECT lD NO.l
REF CCO REQUEST NO 03
CONTRACTOR: FS Contractors, lnc. 03
Description u nit Unit Price Total
CCO 03.'l - Balanciflg change oder on bid item 3 based on actual q{rantities. -37.00 SF $11.50 ($425.50) CCo 03.2 - Balancing change o.der on bid item 12 based on aclualield quantites. -5.00 EA $3 500 00 ($17,500.00) CCO 03.3. Balancing change o.der on bid item 13 based on actual lield quantites. 1,356.00 SF $11 50 $15 594.00 CCo 03.4 - Balancing change order on bid item 14 based or acllal lleld quanlities. 213.00 LF $78.00 $16,614.00 CCo 03.5- Balancing change order or bid item 15 based on actlallleld quanlities. -2.00 $7,500.00 ($15 000.00) Base Contract Amount $556,090.00
Previously Authorized Contract Change Orders $47,615.00 Authorized Amount For This Contract Change Order -$717.50 Total Authorized Contract Amount To Date (Sum of The Above): $602,987.50 Total Contract Days (Working) Per Conkact
Additional/Deductive Days (Working) Per Previously Authorized Contract Change Orders (NA) 0 Additional/Deductive Days (Working) For This Conkact Change Order 0 TotalAuthorized Contract Days (Working)To Date (FOR CHANGE ORDERS) 35 Original Completion Date: 9t18t2022
Revised Completion Date lncluding This Contract Change Order 9t23t2022

APPROVAL BY CITY
Recommended by Approved by:

Name Okan Demirci, PE Name Julian Lee
Signature Signature
)r/- 4*
Title Project l\rlanager Title oi1Grffiuottcwd{/
Date Date

ACCEPTANCE BY CONTRACTOR
I agree to perform the work described in this change order, and that the total cost approved for the change order includes any and all costs Signatureassociated with this change order, and that I shall noi make any othe claims (including but not limited to, additional change order costs, delay costs, loss of profit, loss of productivity, overhead, insurance, bonding, administrative, etc.) against the City for this change order.

Title
Date
Jose Angel Fierros
4rU4/ FArrza
-President
11t9t22
Translech Enginee^, lnc., Sld CCO Auk Forn Page 1 oi 1
lreenoveo cco tto.,
AUTHORIZATION TO PROCEED WITH THE FOLLOWNG CHANGE ORDER:

Quantity
EA
11t09t2022
Name:
80 CITY CONTRACT CHANGE ORDER AUTHORIZATION
City of Lynwood, Sidewalk lmprovement Pror6ct Wright Road From Fernwood Ave to Duncan Ave and Citywlde Priority I Sidewalk lmprovement Project FY22IFY23
PROJECT:

CITY PROJECT IO NO.:

REF CCO REOUEST NO.: 04
CONTRACTOR: FS ContractoE, lnc. APPROVEO CCO NO. 04
AUTHORIZATION TO PROCEED wlTH THE FOLLOWING CHANGE OROER:

Description Quantity Unit Unit Price Total
CCO 04. Remove, dlspose and replace concrete sidewalk al vaflous locations on Femwood Ayenue.

1.00 tS $9,767.50 $9,767.5C
Base Contract Amount $556,090.00
Previously Authorized Contract Change Orders: $46,897.50 Authorized Amount For This Contract Change Order $9.767.50 Total Authorized Conlract Amount To Date (Sum of The Abovo): $612,755.00 Total Contract Days (Working) Per Contract
AdditionaUDeductive Days (Working) Per Previously Authorized Contract Change Orders (NA) 0 Additional/Deductive Days (Working) For This Contract Change Order 5 Total Authorized Contract Days (Working)To Date (FOR CHANGE ORDERS) 40 Original Completion Date 9t1812022
Revised Completion Date lncluding This Contract Change Order 9t30t2022

APPROVAL BY CITY
Recommended by: Approved by
Name Okan Demirci, PE Name Julian Lee
Signature Signature
Title Project N4anager Title Director of Public Works
Date 11121t2022

ACCEPTANCE BY CONTRACTOR
I agree to perform the work described in this change order, and that th Name Jose I Fierros cost approved for the change order includes any and all costs Signature K Fhnaz-associated with this change order, and that I shall not make any other claims (ihcluding but not limited to, additional change order costs, delay costs, loss of profit, loss of productivity, overhead, insurance, bonding, Title President adminiskative, etc.) against the City for this change order Date 1112',U22 Transtech Engineerc, lnc., Sld CCO Auth Foin Page 1 of 1 Date: 11t22t2022
81 AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3)
PROJECT FOR FY 2023-2024
Agenda Item # 8.4.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVAL OF

PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FOR FY 2023-2024.” Background:

The City of Lynwood has implemented a citywide slurry seal program. The citywide slurry seal program is currently on Phase 3 of this four-phase program. Slurry seal projects are an important part of the city’s pavement management program. The treatment provides a new wearing surface of the road and protects it from sun and water damage. A slurry seal is a maintenance treatment that prolongs the life of asphalt at a fraction of the cost of full pavement (structural) repair.

On August 16, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s website (PlanetBids). The Bid opening took place on the PlanetBids Platform on Wednesday, September 07, 2022, at 10:00 am (PST). Four (4) bids were received; however, the lowest base bid exceeded the engineer’s estimate, and the City determined that it did not have the funding to start the project in Fiscal Year 2022-2023. On April 4, 2023, due to insufficient funding in the Fiscal Year 2022-2023 budget, the City Council rejected all bids on September City Council City Council Regular Meeting 82
07, 2022.

City staff evaluated the Fiscal Year 2023-2024 funding for this project and have determined that the city is able to solicit bids with no additional appropriation needed.

Discussion and Analysis:

The design for the Citywide Slurry Seal (Phase 3) project has been completed. The work is more specifically defined in the contract documents, but in general consists of, but is not limited to: citywide slurry seal, including pavement cold milling and overlay at the following locations:

Street Name
From
To
Imperial Hwy
Fernwood Ave
Bellinger St
Imperial Hwy
Bellinger St
State St
Imperial Hwy
State St
Peach St
Imperial Hwy
Peach St
Long Beach Blvd
Imperial Hwy
Long Beach Blvd
California Ave
Imperial Hwy
California Ave
Birch St
Imperial Hwy
Birch St
Los Flores Blvd
Imperial Hwy
Los Flores Blvd
MLK Jr Blvd
Imperial Hwy
MLK Jr Blvd
Stockwell Dr
Harriet Tubman Way
Bullis Rd
Ernestine St
Hulme Ave
Lyndora St
Ira St
Hulme Ave
Shirley Ave
MLK Jr Blvd
Le Sage St
Stockwell Dr
Benwell Dr
Le Sage St
Benwell Dr
Carson Dr
Lewis Rd
Abbott Rd
Imperial Hwy
Lilita St
Carson Dr
Bullis Rd
Linden St
Imperial Hwy
Los Flores Blvd
Linden St
MLK Jr Blvd
Walnut Ave
Lorrain St
108
th
St
109
th
St
Lorrain St
109
th
St
110
th
St
Lorrain St
108
th
St
E.O.P
Lorrain St
112
th
St
Fernwood Ave
Los Flores Blvd
State St
Peach St
Mulford Ave
Long Beach Blvd
California Ave
Mulford Ave
California Ave
Birch St
City Council City Council Regular Meeting 83
Norton Ave
Bellinger St
Capistrano Ave
Norton Ave
Capistrano Ave
San Jose Ave
Norton Ave
San Jose Ave
Osgood Ave
Norton Ave
Osgood Ave
State St
Norton Ave
State St
Barlow Ave
Norton Ave
Barlow Ave
Peach St
Norton Ave
Peach St
Long Beach Blvd
Osgood Ave
MLK Jr. Blvd
Norton Ave
Penn St
Los Flores Blvd
Fernwood Ave
Pluma St
Barlow Ave
Long Beach Blvd
Rosewood Ave
Alley
Abbott Rd
Shirley Ave
Elm Ave
Linden St

The Notice Inviting Bids specifications indicate that the contractor shall complete all work in approximately fifty (50) calendar days. Upon council approval and authorization, staff will upload the proposal documents for advertisement on PlanetBids. Bidders will be able to view and download the project documents, addendums (if any), and submit their bid proposal for review. The lowest responsible responsive bidder will then be recommended to City Council for awarding of the project.

The bid schedule is as follows:

Release Date May 17, 2023

Last Date to Submit RFI Questions May 24, 2023, Wednesday, at 5:00PM

RFI Response Posted May 31, 2023

Bid Due Date June 5, 2023, Monday, at 10:00 AM

City Council Awarding Date June 20, 2023

Project Budget
City Council City Council Regular Meeting 84

The estimated project expenditures are as follows: This may change based on the outcome of the actual bids.

Engineer Estimated Construction Cost
$610,000
Contingency (10%)
$61,000
Construction Management & Inspection (10%)
$61,000
Labor Compliance and other related cost (10%)
$61,000
Total Estimated Construction Cost
$793,000

Upon authorization by the City Council, staff will proceed with the bid phase of the project.

Fiscal Impact:

The City’s proposed FY 23-24 CIP budget includes $1,050,000 of the following funds for this project:

Gas Tax
$277,500
SB1
$349,000
Measure M
$111,000
Prop C
$262,500
Measure R
$50,000
FY 23-24 Proposed CIP Budget
$1,050,000
Coordinated With:

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

Description
City Council City Council Regular Meeting 85
05-16-2023 Slurry Seal P3 Advertise (Resolution)-PWD.docx 2023-2024 Citywide Slurry Seal (Phase 3) 100% Submittal Specifications-05-8-23 (with Appendecies).pdf
City Council City Council Regular Meeting 86
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3)
PROJECT FOR FY 2023-2024
WHEREAS, the City of Lynwood has implemented a citywide slurry seal program.; and
WHEREAS, the citywide slurry seal program is currently on Phase 3 of this four- phase program; and
WHEREAS, the Project scope of work includes pavement slurry seal, including pavement cold milling and overlay, and street pavement restriping at multiple locations; and
WHEREAS, City staff evaluated the Fiscal Year 2023-2024 funding for this project and have determined that the city is able to solicit bids with no additional appropriation needed.; and
WHEREAS, The City’s proposed FY 23-24 CIP budget includes $1,050,000 of the following funds for this project: Gas Tax - $277,500, SB1 - $349,000, Measure M - $111,000, Prop C - $262,500, Measure R $50,000.; and
WHEREAS, the estimated project expenditure has a total cost of $793,000.; and WHEREAS, staff recommends that the City Council authorize the issuance of a Notice Inviting Bids to obtain bids from a qualified contractor to complete the Citywide Slurry Seal Phase 3 Project.

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

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

Section 2. That the City Council approves the plans and specifications for The Citywide Slurry Seal (Phase 3) Project for FY 2023-24.

Section 3. That the City Council authorizes staff to solicit a Notice Inviting Bids for The Citywide Slurry Seal (Phase 3) Project for FY 2023-24.

Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 5. This Resolution shall take effect immediately upon its adoption. 87 2
Section 6. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this 16th day of May 2023.

Oscar Flores
Mayor
ATTEST:

Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Julian Lee
City Attorney Director of Public Works
88 3

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16th day of May 2023, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true, and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of May 2023.

Maria Quinonez, City Clerk
89 City of Lynwood
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024
Pu
blic Works Department
Bid Due Date: Monday, June 5, 2023 @ 10:00 A.M.

P
REPARED BY:

Infrastructure Engineers
For the City of Lynwood
90 ii
Oscar Flores
MAYOR
Rita Soto José Luis Solache
Mayor Pro-Tempore Council Person
Gabriela Camacho Juan Muñoz-Guevara
Council Person Council Person
Ernie Hernandez
City Manager
Julian Lee, P.E.

Director of Public Works
Mir T. Fattahi, MsCE, P.E.

Acting City Engineer, City of Lynwood
91 i

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

IN THE CITY OF LYNWOOD, CALIFORNIA
Bid Due Date: June 5, 2023
Prepared By:

Infrastructure Engineers
92 CITY OF LYNWOOD PROJECT
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

CITY OF LYNWOOD
The Special Provisions contained in these Contract Documents have been prepared by, or under the direct supervision of, the following Registered Civil Engineer:

Engineer:

Title:

Mohammad Jalali Farahani, P.E., TE
Principal Engineer
Name of Firm or Agency: Infrastructure Engineers
, sCE, P.E.
ngineer
ii
93 iii

CITY OF LYNWOOD

CONTRACT DOCUMENTS

TABLE OF CONTENTS
PART 1 -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS
Section 1.1 Notice Inviting Bids

1.2 I nstructions to Bidders

1.3 Bid Documents

1.3.1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder’s General Information

1.3.8 Bidder’s Insurance Statement

1.4 Agreement and Bonds

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

1.4.4 Certificates/Proof of Insurance and Endorsements
P
ART 2 -- SPECIAL PROVISIONS
Section 2.1 General, Terms, Definitions, Abbreviations, and Symbols

2.2 Scope of the Work

2.3 Control of the Work

2.4 Control of Materials

2.5 Legal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 M easurement and Payment

2.8 Facilities for Agency Personnel

2.9 Construction Details (Materials and Methods)
P
ART 3 -- TECHNICAL PROVISIONS
PART 4 -- APPENDICES
Section 4 .1 Appendix A – Department of Industrial Relations (DIR) Contractor Registration Number Form

4.2 Appendix B – List of Traffic Striping and Marking, Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities

4.3 A ppendix C – Standard Plans

4.4 A ppend ix D - Contract Change Order (CCO) Form

4.5 A ppendix E – Substitution Request Form

4.6 A ppendix F – Labor Code Sections 1771, 1775, 1777.5, 1813 and 1815

4.7 A ppendix G – Project Sign

4.8 Appendix H – Trash Collection Schedule

4.9 A ppendix I – Engineering Plans (Contract Drawings) 94 iv

CITY OF LYNWOOD
P

UBLIC WORKS DEPARTMENT
PART 1 - BIDDING AND CONTRACTUAL

DOCUMENTS AND FORMS
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

CITY OF LYNWOOD
S
ection 1.1 Notice Inviting Bids

1.2 Instructions to Bidders

1.3 Bid Documents

1.3.1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder's General Information

1.3.8 Bidder’s Insurance Statement
S
ection 1.4 Agreement and Bonds

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

1.4.4 Certificates/Proof of Insurance and Endorsements
****
************
95 v

CITY OF LYNWOOD

1.1 NOTICE INVITING BIDS
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

1.1.1 NOTIC E IS HEREBY GIVEN that bids for the CITYW IDE SLURRY SEAL (PHASE 3) PROJECT PROJECT will be received by the City of Lynwood, 11330 Bullis Road, Lynwood, Californ ia 90262 until June 5, 2023 @ 10:00 A.M., at which time they will be published on PlanetBids. The form of the bids shall be in accordance with the Instructions to Bidders, and any bids receiv ed after the time and date specified above will not be accepted.

Al
l Questions should addressed to the attention of Mr. Mir T. Fattahi (Acting City Engineer) on PlanetBids by May 24, 2023 @ 5:00 P.M.

1.1.2 WITHDRAWAL OF BIDS . No Bidder shall withdraw its bid for a period of sixty (60) days after the Bids have been publicly opened, subject to the exceptions set forth in Sect ion 5 103 of the California Public Contract Code. This sixty (60) day review p eriod may be extended upon the written request of the City Engineer, and written approval of the affected Bidders.

1.1.3 DESCRIPTION OF THE WORK: The Work encompassed by the Project is more specifically defined in the Contract Documents, but in general consists of, but is not limited to, the following Work: citywide slurry seal, including pavement coldmilling and overlay at some locations. The Work is to be completed before
the expiration of FIFTY (50) CALENDAR DAYS from the date specified in a written “Notice to Proceed” from the City. The Engineer’s Cost Estimate is between $5 50,000 to $610,000.

1.1.4 AWARD OF CONTRACT:
(a) The City of Lynwood wi ll award the Contrac t to the lowest responsible B idder su bmitting a responsive Bid. Whenever additive or deductive items are included in a bid, the lowest bid shall be t he lowest Total Bid Price on the Base Bid without consideration of the bid prices on any additive or deduct ive items. The City of Lynwood res erves the right to reject any or a ll bi ds or to wai ve any irregularities or informalities in any bids or in the bidding process to the extent permitted by law. (b) As a condition of award, the successful bidder will be required to submit material data submittals payment and performance bonds a nd proof o f insurance and endorsements as specified in the Contract Documents.

1.1.5 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of ten percent (10%) of the Total Bid Price, payable to the City of Lynwood.

1.1.6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid, unexpired Class A General Engineering Contractor or C12 Earthwork and Paving Contractor license approved by the State of California Contractors State License Board at the time of submitting bids.

1.1.7 CALIFORNIA WAGE RATE RE QUIREMENTS: The Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Indust rial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates and the latest revisions thereto are on file at the City Engineer’s Office of the City of Lynwood located at 11330 Bullis Road, Lynwood, California 90262. The Contractor and any subcontractors shall pay not les s than said specified rates and shall post a copy of said wage rates at the project site. 96 97
vii

CITY OF LYNWOOD

1. 2 INSTRUCTIONS TO BIDDERS

1.2.1 DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General Prov isions of the Standard Specifications for Public Works Construction (the “Greenbook”) latest Edition and the Special Provisions of the Contract Documents. The term "Bidder" shall mean one who submits a Bid directly to the City of Lynwood as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "E ngineer" shall be as defined in the Special Provisions. “Bid Documents” shall consist of those documents listed in Section 1.3 hereof.
1 .2.2 COMPETENCY OF BIDDERS - In selecting the Lowest Responsible Bidder under the procedure set forth in Subsection 1.2.18 of these Instructions, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's recent experience on the form entitled "Bidder's General Information," bound herein. Résumés of key construction personnel who will be assigned to the Work shall also be required.

Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids.
1 .2.3 DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be r ejected. If the Cit y believes that collusion exists among the Bidders, all Bids will be rejected. 1 .2.4 BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE - (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations t hat may af fect cost, progress, or performance of the Wor k; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents.
(b) R
eference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparatio n of the Contract Documents. However, such reports are NOT a p art of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) C
opies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (
d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to unde rground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness the reof unless it i s expressly provided otherwise in th e Special Provisions.
(e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possi ble changes in the Contr act Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (
f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or which otherwise may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.
(g)
Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration.
(h) T
he lands upon which the Work is to be perf ormed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identif ied in the Plans (Contract 98 viii
Drawings) of the Contract Docum ents. Al l additional lands and access thereto required for temporary constru ction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures will b e obt ained and paid for by the City un less otherwise specified in the Contract Documents.
(
i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidde r has complied with every requirement of this Section; that without exception the Bid is pr emised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 1 .2.5 INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents shall be in writing and hand-delivered or mailed to the Engineer at the City of Lynwood, Pu blic Works Dept., 11330 Bullis Road, Lynwood, California 90262. Faxes and e-mails will not be accepted. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the iss uance of Addenda mailed or hand- delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

1. 2.6 SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason.

1. 2.7 NON-RESPONSIVE BIDS – Non-responsive bids will be rejected. A b id shall be considered non-responsive for reasons including, but not limited to, the following:

1. T
he Bidder fails to furnish a price for all Bid Items in the Bid Schedule when the re is more than one Bid Item in the Bid Schedule.

2. The Bidder attaches unauthorized modifications, conditions, limitations, or provisions to the Bid.

3. The Bidder fails to list the percentage of work to be performed by subcontractors.

4. T
he percentage of work to be performed by subcontractors exceeds 50% of the Total Bid Price.

5. The Bidder fails to attend a required pre-bid walk-through.

6. T
he Bidder fails to provide written acknowledgement of receipt of all Bid Addenda. 7 O
ther reasons as permitted by applicable law.

A
bid may be considered non-responsive for reasons including, but not limited to the following: The Bidder fails to complete all items in Subsection 1.3.7 of the Bid Documents, Bidder’s General Information.

1. 2.8 DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the Bid Schedule, and failure to do so shall render t he Bid non-responsive and shall cause its rejection. In the event that there are Unit Price Bid Items in a Bid Schedule and the Item Amount listed for a Unit Price Bid Item does not equal the product of the Unit Price and the Estimated Quantity listed, the Unit Price shall govern, and the Item Amount will be adj usted accordingly. In the event that there is more than one Bid Item in a Bid Schedule and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box does not agree with the sum of prices listed in the “Item Amount” column, the prices lis ted in the “Item Amount” column on the Bid Schedule shal l govern, and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box will be adjusted accordingly. The Contractor shall be bound by the foregoing adjustments, subject to the provi sions of S ection 5100 et seq. of t he California Public Contract Code.

1.2.9 QUANTITIES OF WORK - (a) The quantities of work or materials stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or materials will correspond therewith. (b) I
n the event of an increase or decrease in the quantity of a unit price bid item, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that for unit price items, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items s hall be adjusted as provided in Section 3 of the Standar d Specifications and Special Provisions.

1.2.10 WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 99 ix

1.2 .11 RELIEF OF BIDDERS. – A Bidder shall be permitted to withdraw a Bid after the opening of Bids only if the bidder established to the satisfaction of t he Engineer, all of the elements set forth i n Section 5103 of the California Public Contract Code, including, but not limited to the following:

1. A
clerical error was made by the Bidder in filling out the Bid, and the error was not due to error in judgment or carelessness in inspecting the site of the Work, or in reading the Plans or Specifications.

2. The clerical error caused the Bid to be materially different than the Bidder intended the Bid to be.

3. Th
e Bidder gave the City Clerk written notice within five (5) days after the opening of Bid of the mistake, specifying in detail the nature of the mistake and how the mistake occurred. 1 .2.12 MODIFICATIONS - The completed Bid forms shall be without interlineations, alterations, or erasures. Oral, FAX, telegraphic, e-mail, or telephone Bids or modifications will not be considered. 1 .2.13 LIQUIDATED DAMAGES - Provisions for Liquidated Damages, if any, shall be as set forth in the Agreement and the Special Provisions.

1.2 .14 SUBSTITUTE OR "OR-EQUAL" ITEMS - The Work, if awarded, will be on the basis of materials and equipment described in the Plans or specified in the Special Provisions without con sideration of possible substitute or "or -equal" items. Whenever it is indicated in the Plans or specified in the Special Provisions that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to t he Engineer, data substantiating a request for a substitution of an “or equal” item or items will not be consider ed by the Engineer until after the E ffective Date of the Agreement. The procedure for submittal of any such application by the Contractor and consideration by the Engineer is set forth in Section 4 of the Standard Specifications, as amended by Section 2.4 of the Special Provisions.

The form in Appendix D of the Contract Documents shall be used to request substitutions. 1 .2.15 DETERMINATION OF LOWEST RESPONSIBLE BIDDER –
(a
) The Engineer shall first establish the “Apparent Lowest Bidder,” using the Total Bid Price set forth in the applicable Bid Schedule(s), subject to the calculation adjustment criteria set forth in Section 1.2.11 of these Instructions.
(b
) After the Apparent Lowest Bidder has been established, the Engineer shall review the balance of the Bid Documents submitted by the Apparent Lowest Bidder to ascertain if that Bidder’s bid is responsive. In general, a bid is considered responsive if it has been completed and submitted in accordance with all of the requirements of the Bid Documents, Notice Inviting Bids, Instructions to Bidders, Special Provisions and any Bid Addenda.
(c
) If the Bid submitted by the Apparent Lowest Bidder is responsiv e, that Bidder’s qualifications will be reviewed by the Engineer to ascertain if the Bidder is responsible. A res ponsible bidder is one who has demonstrated the attribute of trustwor thiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the Work required by the Contract Document s. Consideration will be given to the quality and perfo rmance of work on past contracts, including previous work (if any) performed by the Bidder for the City.
(d) If the Engineer ascertains that the Apparent Lowest Bidder is responsible and has submitted a responsive bid, the Engineer shall report his findings to the City Council wit h a recommendation that the Bidder be awarded the contract for the work as the Apparent Lowest Responsible Bidder. (e
) Should the Engineer determine that the Bid submitted by the Apparent Lowest Bidder is not responsive or that such Bidder is not responsible, the Engineer shall review the responsiveness and responsibility of the next Apparent Lowest Bidder. This process shall continue until an apparent Lowest Responsible Bidder is determined and the Engineer’s findings and recommendations for award are reported to the City Council.

If one or more Apparent Lowest Bidders are found by the Engineer to be non- responsive or non- responsible, those bidders shall be notified and given a reas onable op portunity to present additional relevant evidence bearing on their responsibility or bid responsiveness within seven (7) calendar days after the Bidder(s) receive such notice.
(f
) Determinations and findings of the Engineer shall be reported as recom mendations to the City Council.

The City Council reserves the right reject any or all bids, and to waive any informalities or irregularities to the extent permitted by law.
1 .2.16 BID PROTEST PROCEDURES –
(a
) Any protest of a proposed award to the Apparent Lowest Bidder must be submitted in writing to the City Engineer no later than 5:00 p.m. on the third (3rd) business day following the date of the bid opening. 100
x
(b) The initial protest must contain a c omplete statement of the basis for the protest. The prote st mus t state the facts and refer to the specific por tion of the document or the specific st atute that forms the basis for the protest. The protest must include the name, address, and telephone num ber of the protesting party and the name, address and telep hone number of a ny person representing the protesting party.
(c
) The party filing the protest must concurrently transmit a copy of the initial protest to the Apparent Lowest Bidder.
(d
) The party filing the protest must have actually submitted a bid on the proj ect. A s ubcontractor of a party filing a bid on thi s project may not su bmit a Bid Protest. A party may not rely on the Bid Protest submitted by another bidder, but must timely pursue its own protest. (e) The procedure and time limi ts set forth in this Secti on are mandatory and are the bidder’s sole and exclusive remedy in the event of a Bid Protest. A Bidder’s failure to fully c omply with these procedures shall constitute a waiver of any right to fur ther pursue the Bid Protest, inc luding filing of a challen ge of the award pursuant to the Ca lifornia Public Con tract Code, filing o f a c laim pursuant to the California Government Code, or filing of any other legal proceedings. (f
) The City shall review all ti mely protests prior to award of the Bid by the City Council . The City shall not be required to hold an administrative hearing to consider a timely protest, but may do so at the option of the Engineer, or if otherwise legally required. At the time of the C ity Council’s consideration of the recommendation for award of the bid, th e City Council shall also consider t he merits of any tim ely protests and th e Engineer’s recommendation thereon. The City Council may either accept the protest and award the bid to the next Lowest Responsible Bidder, or reject the protest a nd award to the Lowest Responsible Bidder.
(g
) Nothing in this Section shall be construed as a waiver of the City Council’s right to reject all bids.

1. 2.17 AWARD OF CONTRACT - Award of Contract, if it is awarded, shall be made to the Lowest Responsible Bidder as determined by the City Council, and a Notice of Award shall be sent to such Bidder. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting B ids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one (1) Bid Schedule, the City may award schedules individually or in combination. In the case of two ( 2) or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. Once the award is made, the successful Bidder shall secure all insurance, and shall furnish all proof of insurance/certificates with origina l endorsements attached and bonds required by the Contract Documents within ten (10) calendar days after receipt of the Notice of Award from t he City. Failure to provide City with the required bonds, insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award m ay result in withdrawal of award and forfeiture of the Bidder's Bid Security.

1. 2.18 EXECUTION OF AGREEMENT - The Bidder to whom the proposed award is to be made shall execute a written agreement with the City in the form of Agreement set forth in Subsection 1.4.1 of the Contract Documents within ten (10) calendar days after receipt of the Agreement form from the City. Failure or refusal to enter into an Agreement as herein provided or failure to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the proposed award and forfeiture of the Bid Security. If the lowest responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsible Bidder. If the second lowest responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lo west responsible Bidder. On the failure or refusal of such second or third lowest responsible bidder to execute the Agreement, each such bidder's Bid Security shall be likewise forfeited to the City.

1. 2.19 WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with the laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees pursuant to the Worker's Compensation Certification executed by Bidder as part of the Bid Proposal. - E

ND OF INSTRUCTIONS TO BIDDERS -
101
1 1.3 BID DOCUMENTS
T
he following listed documents, identified in the lower right corner as "Bid Document", shall be fully ex ecuted and submitted with the Bi d prior to the time of the opening of Bids.

1. 3.1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule(s)

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder's General Information

1.3.8 Bidder’s Insurance Statement
Failure of a Bidder to fully execute and submit all of the listed documents with the Bid may result in the Bid being rejected as non-responsive.
102
2 1.3.1 B I D
(PROPOSAL AND WORKERS’ COMPENSATION CERTIFICATE)
BID TO: CITY OF LYNWOOD, CALIFORNIA
The undersigned Bidder proposes and agrees, if this Bid is accepted, t o enter in to an agreement with the City in the form o f a greement included in S ubsection 1.4.1 of the Contract Documents (the “Agreement”) to perform the Work as specified or indicated in said Contract Documents entitled:

CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

CITY OF LYNWOOD
Bidder accepts all of the terms and cond itions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.

This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law.

Bidder will enter into the Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the proof of insurance/certif icates, insurance endorsements, Payment Bond, Performance Bond, and all Licenses and Permits within the time and in the manner required by the Contract Documents.

Bidder has examined copies of all the Contract Documents, including the following ADDENDA (receipt of which is hereby acknowledged):

N
umber 1 ____________________ Date ____________________
N
umber 2 ____________________ Date ____________________
N
umber 3 ____________________ Date ____________________
N
umber 4 ____________________ Date ____________________
N
umber 5 ____________________ Date ____________________
Nu
mber 6 ____________________ Date ____________________
B
idder has familiarized itself with the nature and extent of the Contract Documents, the Work, the s ite, the locality where the Work i s to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the c onditions affecting cost, progress, or performance of the Work, and has ma de such independent investigations as Bidder deems necessary.
103
3 I
n conformance with the current statu tory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:

I
am aware of the provisions o f Section 3700 of the Labor Code, which require every em ployer to be insured against liability fo r Wor kers’ Compensation or t o 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.

A
ttached hereto are the following completed and fully-executed documents:
(1) B
id Schedule “A” consisting of one (1) page;
(2) List of Subcontractors;
(3) Anti-Trust Claim;
(4) Non-Collusion Affidavit;
(5) Bidder’s General Information; and
(6) Bidder’s Insurance Statement.

B
idder agrees to complete the Work required under the Contract Documents within the time stipulated in said Contract D ocuments, and to accept as full payment therefor the Total Bid Price based on the Lump Sum or Unit Bid Price(s) set forth in the attached Bid Schedule(s).

I her
eby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

D
ated: ________________________ Bidder: ___________________________________

By: _____________________________________
(Signature of Bidder’s Authorized Representative)
Title: _____________________________________
104
4 QUANTITIES O F WORK:

The quantities of work or material stated in the Unit Price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any Unit Price Bid It em, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. __
_____________________________________________________________________________ Name of Bidder or Firm
IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

1.3.2 UNIT PRICE BID SCHEDULE
(Page 1 of 1)
Schedule of Prices for the Construction of the:

CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

CITY OF LYNWOOD
Item
N
o. Unit Price Bid Item Estimated
Quantity Unit Unit
Price Item Amount
1 Mobilization/ Demobilization (Not to exceed 3% of
total of all other prime Contract Bid Items) 1 LS $ $ 2 Traffic Control 1 LS $ $
3 Cold Mill Existing AC Pavement (2” Deep) 19,682 SF $ $ 4 Construct 2” Thick AC (C2-PG 64-10) 221 TON $ $
5 Place Slurry Seal Type II with 3% Latex 803 ELT $ $ 6 Install Crack Seal and Spray Weed Killer 1 LS $ $
7 Adjust Existing Storm Drain/Sewer/Utility Manhole
Frames and Covers to Finished Grade 7 EA $ $
8 Adjust Water Valve Can and Cover to Finished
Grade 10 EA $ $
9 Remove and Replace Existing Thermoplastic
Striping, Legends, Arrows and Parking Stalls 1 LS $ $ 10 Furnish and Install Public Improvement Project
Sign 4 EA $ $
T otal Amount Bid in Figures $
TOTAL BID PRICE FOR UNIT PRICE BID SCHEDULE:
$ (Price in Figures)
___________________________________________________________________________________(Price in Words) 105
5 INFORMATION REQUIRED OF BIDDER

1.3.3 LIST OF SUBCONTRACTORS
As required under Section 4100 et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of one percent of the Contractor’s Total Bid Price, or ten thousand dollars ($10,000), whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted.

The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Total Bid Price except that any designated “Specialty Items” may be performed by subcontract. The amount of any such “Specialty Items” so performed may be deducted from the Total Bid Price before computing the amount required to be performed by the Contractor with its own organization. The City will identify any "Specialty Items” in the Bid Schedule(s). Where an entire Specialty Item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price for that item. When a portion of a Specialty Item is subcont racted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price for that item. This will be determined from information submitted by the Contractor and subject to approval by the Engineer.

S
ubcontractor
Contractor's Percent
License of Total
Work to be Performed Number Contract Subcontractor's Name & Address 1 ._________________________ _______________ _________ ___________________________________ 2 ._________________________ _______________ _________ ___________________________________ 3 ._________________________ _______________ _________ ___________________________________ 4 ._________________________ _______________ _________ ___________________________________ 5 ._________________________ _______________ _________ ___________________________________

6. _________________________ _______________ _________ ___________________________________ 106
6 1.3.4 ANTI-TRUST CLAIM
P
ursuant to Public Contract Code Section 7103.5, u pon acceptance of its bid, Con tractor agrees to the followin g: “In entering into a public works contract o r a subcontract to supply goods, services, or materials purs uant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all r ights, 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 (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the State of California Business and Professions Code), arising from purchas es of goods, services, or materials pur suant to the public works c ontract or the s ubcontract. Thi s assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.” R
ESPECTFULLY SUBMITTED:
__
______________________________
Contractor Name
___
_____________________________ _______________________________ Signature Address
______
__________________________ _______________________________ City, State, Zip Telephone (with area code)
___
_____________________________ _______________________________ Title Date
___
_____________________________ _______________________________ Contractor's License No . Type of License
___
_____________________________
Federal I.D. No.
(
SEAL--if Bid is by a corporation)
A
TTEST ____________________________
107
7 1.3.5 NON-COLLUSION AFFIDAVIT
(To be Executed by Bidder and Submitted with Bid Pursuant to Public Contract Code Section 7106)
S
tate of California, County of _____________________________________________________________, being first duly sworn, deposes and says that he or she is ______________________________________ of ____________________________________________ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
____
____________________________________
Signature
____
____________________________________
Typed or Printed Name
____
____________________________________
Title
__
______________________________________
Contractor / Company / Bidder Name
Subs
cribed and sworn to before me this ______ day of _______________________, 20____ ____
____________________________________
Notary Public in and for the State of California
My C
ommission Expires: __________________
108
8 1.3.6 BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _______________ as Principal, and
____ as Surety, are
hereby held and firmly bound unto the City of L ynwood, a California Municipal C orporation, (hereinafter refe rred to as the “City”) in the pena l sum of ______________________________________________________________ DOLLARS ($ ________________ ), being not less than ten percent (10 %) of th e Total Bid P rice, for the payment of which sum in lawful money of the United States, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents.

The Condition of the above obligation is such that whereas the Principal has submitted to the City a certain Bid, attached hereto and hereby made a part her eof, to enter into a contract in writing with City for the completion / construction / demolition of , entitled:

CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

NOW, THEREFORE,
a. If said Bid shall be rejected, or
b. If s
aid Bid s hall be accepted and the Principal shall execute and deliver to the City a contract in the form of agreement set forth in the Cont ract Documents (properly completed in accordance with said Bid) within ten (10) calendar days after receipt of same from City, and shall, within th e time and manner set forth in the C ontract Documents, furnish a Bond for his/her faithful performanc e of said contra ct an d for the payment of all persons perfo rming labor or furnishing materials in connection therewith, the required proof of insurance/certificates, required insurance en dorsements, and shall in all other respects perform the agreement created by the acceptance of said Bid, t
hen this obligation s hall be void, otherwise the same shall remain in force and effect; i t being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

T
he Surety, for value received, hereby stipulates and agrees that the obl igation of said Suret y and its Bond shall be in no way impaired or affected by any extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the court.
109
9 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have c aused their corporate seals to be hereto affixed and these presents to be signed by their proper officers on this _________ day of _______________________, _______.

P

RINCIPAL SURETY
_
______________________________ ___________________________ (Legal Company Name) (Legal Company Name)
B
y: ____________________________ By: ________________________ T
itle ___________________________ Title _______________________ (
Corporate Seal) (Corporate Seal)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write suret y insurance defined in Section 105 of the California Insurance Code, and if the Work or Project is financed, in whole or in par t, with federal grant or loan funds, must also appear on the Treasury Department's most cu rrent list (Circular 570 as amended). Notary acknowledgements for Principal and Surety signatures and Power of Attorne y for Surety must be attached. THIS IS A REQUIRED FORM.

A
ny claims under this bond may be addressed to:
(
Name and Address of Surety) _______________________________ ____
___________________________
_
______________________________
(
Name and Address of Agent _______________________________ or Representative in California
if different from above) _______________________________ _
______________________________
(
Telephone Number of Surety and Agent _______________________________ or Representative in California)
110
10 1.3.7 BIDDER'S GENERAL INFORMATION
T
he Bidder shall furnish the following information. Failure to complete and attach all items may cause the Bid to be rejected as non-responsive.

1. B
IDDER/CONTRACTOR'S Name and Street Address:
__
_____________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

2. CO
NTRACTOR'S Telephone Number: ( ) ______________________ Facsimile Number: ( ) ______________________

3. CO
NTRACTOR'S License: Primary Classification ______________________________________ State License Number(s) __________________________________________________________ Supplemental License Classifications _________________________________________________

4. S
urety Company and Agent who will provide the required Bonds on this Contract:

Name of Surety: _________________________________________________________________ Address: _______________________________________________________________________ _______________________________________________________________________________ Surety Company Agent: ___________________________________________________________ Telephone Numbers: Agent ( ) _________________ Surety ( ) ______________

5. T
ype of Business Entity (Sole Proprietorship, Partnership, Corporation, etc.):
_____________________________________

6. C
orporation organized under the laws of the State of:
_____________________________________

7. I
s your business entity qualified to do business in the State of California?: ________ Date qualified. _______________

8. Li
st the names, addresses and titles of the principal members/officers of your business entity:

Name Title Address
______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ 111
11 1.3.7 BIDDER'S GENERAL INFORMATION (Continued)

9. N
umber of years experience as Contractor performing the specific type of construction or Work required for this Project as set forth in the Contract Documents: ______________

10. Li
st at least three projects completed to date involving construction or Work similar to that required for the completion of this Project:
a. Owner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone ___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________ b. O
wner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone ___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________ c. O
wner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone ___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________

11. H
as Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
____________________________________________________________________________ ____________________________________________________________________________

12. List the name and title of the person who will supervise full-time the proposed work for your firm:
________________________________________________________________________________

13. Is full-time supervisor an employee ___________ or an independent contractor? __________

14. P
lease attach resumes of key construction personnel who will be assigned to the Work on this Project.

Note: Bidder agrees that personnel named on this form and in the attached resumes will r
emain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

15. A
financial statement or other information and references sufficiently comprehensive to permit an appr
aisal of your current financial condition may be required by the Engineer. 112
12 1.3.8 BIDDER’S INSURANCE STATEMENT
(To Be Submitted with Bid)
BI
DDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance requirements set forth in Subsection 1.4.4 of the Bidding and C ontractual Documents and Forms, Subsection 2.7.2 of the Special Provisions and elsewhere in the Contract Documents. Should the Bidder be awarded the contract for the Work, Bidder further certifie s that it can meet all insurance requir ements s et forth in the Contra ct Documents, i ncluding, but not limited to, providing or requiring insurance coverage for subcontractors; naming of City as an additional insured, and providing waivers of subrogation. Bidder acknowledges and understands that all co st associated with providing and maintaining the required insurance coverage are the sole responsibility of the Contractor and that the costs of pr ocuring and maintaining sai d coverage is included in Contractor’s Bid.

B
idder further agrees and cer tifies t hat if a warded the contract, Bidder w ill provid e th e proof of insurance and endorsements required by the Contract Docum ents within ten (10) calendar days of receipt of the No tice of Award. Bidder acknowledges that failure to provide City with the required insurance coverage, p roof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of A ward, may result in withdrawal of award and forfeiture of the Bidder's Bid Security.

Dated: ______________________________ Bidder: __________________________________ By
: ____________________________________
(Signature of Bidder’s Authorized Representative)
T
itle: ___________________________________
113
13 1.4.1 CITY OF LYNWOOD AGREEMENT
FOR CONSTRUCTION OF , ENTITLED “CITYWIDE SLURRY SEAL
(PHASE 3) PROJECT, FY 2023-2024”
This agreement (the “Agreement”) is mad e and entered into on this ______ day of _______________, _____ by and between the City of Lynwood, a California Municipal Corporation ("City") a nd __________________________________________________, a ______________________________ ("Contractor"). City a nd Contractor are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

R E C I T A LS
City and Contr actor, based upon the mutual pr omises contained herein, do hereby agr ee as follows:

I. CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents, the terms and conditions of which are expressly incorporated as component parts of thi s Agreement as if her ein set out in full or attached hereto:

A. Notice Inviting Bids, Dated May 17, 2023
B. Instructions to Bidders.

C. Adde
nda.

D. Contractor’s Bid Proposal and Workers’ Compensation Certificate dated ________________, _______, and all other Bid Documents attached thereto, including but not limited to:

1. Bid Schedule(s)

2. List of Subcontractors

3. Anti -Trust Claim

4. Non -Collusion Affidavit

5. Bidder’s Gener al Information

6. Bid Bond (Bid Security Form)

7. Bidder’s Insuran ce Statement
E. Payment Bond.

F. Performance Bond.

G. Certificates/Proof of Insurance and Endorsements.

H. Certified Copy of the Lynwood City Council Resolution, not required.

I. Notice of Award dated ________________.

J. Notice to Proceed dated ______________.

K The Plans (Contract Drawings).

L. Special Provisions
M. Standard Specifications for Public Works Construction, “Greenbook” latest Edition.

N. Appendices A through I of the Contract Documents.

Dated May 17, 2023
114
14 O. Reference Specifications.

P Approved and Fully-Executed Change Orders.

Q. The Director of the Department of Industrial Relations’ Determination of Prevailing Wage Rates for Public Works for each craft or type of worker required to perform the Work under this Agreement.

II
. CONTRACT PRICE
The
City agrees to pay, and the Contractor agrees to accept as full payment for the Work outlined in the Contract Docu ments, the Contract Price of _____________________________________________ Dollars ($_______________) subject to additions and deduct ions, if any, mad e in acc ordance w ith said Contr act Documents. Progress payments shall not be made more often than once each thirty (30) days, nor shall progress payments paid be in excess of ninety percent (90%) of t he Contract Price at time of completion. Final payment to Contractor will be processed thirty- five (35) days after the City has recorded the Notice of Completion. Contractor may, upon Contractor's written request, and approved by the Ci ty Council, at Con tractor's expense, deposit substitute securities, as st ated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.

Pa
yment of undisputed amounts due under thi s Agreement, including the final payment due hereunder, is contingent upon the Contractor furnishing to the City an unco nditional release by the Contractor of al l claims against the City arising by virtue of thi s Agreement related to thos e amounts. Disputed claims in stated amounts may be specifically excluded by Contr actor f rom th e op eration of any release. No payment, final or otherwise, shall operate to release the Contractor or its sureties from obligations arising under this Agreement or the bonds an d warranties furnished hereunder. No payment shall be co nstrued as an acceptance of a ny of the Work or of defective or improper materials.

III. BON
DS
Wit
hin ten (10) calendar days of receiving the Notice of Award and prior to Contrac tor’s commencement of the Work, Co ntractor shall furnish to City, using t he forms set forth in the B id D ocuments, a Labor and Materials Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Pri ce, said bonds to b e in conformance with the Contract Documents, including but not limited to, the General Specifications and Subsection 2.2.2 of the Special Provisions.

IV. INDE M
NITY
Cont
ractor shall defend (with counsel of City’s choosing), indemnify and hold the City , its respective elected an d ap pointed b oards, officials, officer s, agents, employees, representatives and volunteers (individually and collectively referred to he reinafter as “Indemnitees”) free and h armless from any and all claims, deman ds, causes of act ion, costs, expenses, l iabilities, losse s, damages or injuries, in law or equity, regardless of 115
15 whether th e allegations are false, fraudulent, or groundless , to pr operty or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with t he performance of the Wor k or this Agreement, including claims made by subcontractors for non payment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such af oresaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, Con tractor shall pay and satis fy any judgment, award or decree t hat may be rendered against Indemnitees in any su ch suit, action or ot her legal proceeding.

Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in c onnection therewith or in enforcing the indemnity herein provided.

The only limitations on th is provision shall be t hose imposed by C alifornia Civil Code Section 2782.

T
his obligation to inde mnify and defend Indemnitees as set forth herein shall survive t he termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the exi stence or applicability of any ins urance coverages which may have been required under this Agreeme nt or any additional insured endorsements which may extend to City.

V. IN

SURANCE
W
ithout limiting Contractor’s indemnification of Indemnitees as set forth in Section IV of this Agreement, C ontractor shall obtain, provide and maintain, at its own expense, the types and amounts o f insurance described in Subsection 2.7.2 of the Special Provisions of the C ontract D ocuments. Such insurance shall be in force prior to Contractor commencing any Work under this Agreement and shall remain in force for the duration of this Agreement and for any other such period as may be required herein. Contractor shall provide proof of the required insurance coverage and the endorsements specified in Subsection 2.7.2 of the Special Provisions within ten (10) calendar day s of receipt of the Notice of Award.

VI. IN E

LIGIBLE SUBCONTRACTORS
I
n accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not per form an y work under this Agreement with a subcontractor who is i neligible to perform work on a public works contract pursuant to Sections 1777.1 and 1777.7 of the Cali fornia Labor Code. Contractor further acknowledges that any contract on a public works project entered into between a contractor and debarred subcontractor is void as a matter of law, and a debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a C ontractor for work performe d on this Project shall be returned to the City. The Contractor shall be r esponsible for the paymen t of wages to workers of a debarred subcontractor who have been allowed to work on the Project. 116
16 VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES
The Contract or shall commence the Work required by this Agreement within ten (10) calendar days of the date specified in the Notice to Proceed an d shall complete all Work as specified in the Contract Documents within FIFTY (50) CALENDAR DAYS from the date in said Notice.

Cit
y an d Contractor have discu ssed the pr ovisions of Gover nment Code Sect ion 53069.85 and the damages t hat may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and C ontractor hereby represen t that at the time of signing this Agreem ent, it is impracticable and extremely diff icult to fix the actual damage which will be incu rred by City if the Work is not co mpleted within the number of working days allowed. Accordingly, City and Contractor agree that the sum of $500.00 per calendar day is a reasonable sum to ass ess as Liquidated Damages to City by reason of the failure of Contractor to complete the Work within the time specified.

VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861
By signing this Agreement, Contractor makes the following certification required by Section 1861 of the California Labor Code:
“I am aware of the provisions of Section 3700 of the Califo rnia Labor Code which requires every employer to be insu red against liability for workers’ compensation or to undertake sel f-insurance in accordance wi th the provisions of that Co de, and I will co mply with such provisions before commencing the performance of any Work under this Agreement.” IX. APPRENTICES
The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all appr enticeable occupations.

X. SUBSTITUTION OF SUBCONTRACTORS
The Contractor hereby agrees to reimburse the City for costs incurred by the City in the substitution of su bcontractors. Where a hea ring is held pursuant to the provisions of Section 4100 et seq. of the Public Contract Code by the City or a duly appointed hearing officer, the Clerk of the C ity of Lynwood shall prepare and certify a statement of all costs incurred by the Ci ty for inve stigation and conduct of the hearing, including the costs of any hearing officer and shorthand reporter appointed.

The statement shall then be sent to the Contr actor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owning to the Contractor prior to the City’s acceptance of the Project. 117
17 XI. LICENSES
Co
ntractor acknowledges a nd agrees that Contractor must have all appropriate contractor's licenses. Contractor fur ther warrant s and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain al l app ropriate licenses during the e ntire term of this Agreement shall be cause for the immediate and summary termination of this Agreement by City. Contractor shall be liable for all City's costs incurred to complete the Work under this Agreement in the event of such termination.

XII. E M

PLOYMENT DISCRIMINATION PROHIBITED
Purs
uant to Calif ornia Labor Code Section 1735 and other applicabl e provisions of law, the Contractor and its subcontractors shall not discriminate against any em ployee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability , medical condition , marital status, sex, age, politi cal affiliation or sexual orientation in the performance of Work under this Agreement. T he Contractor will take affirm ative action to insure that employees ar e treated duri ng employment o r training with out regard to their of race, religious creed, color, nationa l origin, ancestry, physical disability, mental disabil ity, medical condition , mar ital status, sex, age, political affiliation or sexual orientation.

XIII.

PREVAILING WAGES
The
Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulat ions, Title 8, Section 16000 et seq. (“Prevailing Wage La ws”), which re quire the payment of prev ailing wage rat es and the performance of other requirements on certain “public works” and “maintenance” projects.

Since the work covered by this Agreement involv es an applicable “pu blic works” or “maintenance” projec t, as defined by the Prevailing Wage Law s, and since t he total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws as set forth in the foregoing statutes an d in the Special Provisio ns of the Contract Documents.

X
IV. AUTHORITY TO EXECUTE
T
he person o r persons execu ting this Agreement on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrants and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder.

XV. A
SSIGNMENT; GOVERNING LAW
T
his Agreement may not be assi gned by Contractor, in whole or in part, without the prior written consent of t he City. This Ag reement and any dispute arising hereunder shall be governed by the law of the state of California.
118
18 XVI. NOTICES
A
ny notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Contractor’s regular business hours or by facsimile befor e or during Contractor’s regular b usiness hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section.

C
ity Contractor
City of Lynwood _______________________________
Attn: City Engineer Attn: ___________________________
11330 Bullis Road _______________________________
Lynwood, CA 90262 _______________________________
Fax No. (310) 635-0493 Fax No.________________________
X
VII. ATTORNE YS FEES
S
hould either Party bring any action to protect or enforce i ts rights under this Agreement or the Contract Documents, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorneys fees and costs.

X
VIII. WA RRANTY
A
ll Work shall be warranted by Contractor against defective workmanship and mater ials for a peri od of one (1) year form the date the Work is accepted as complete by the Lynwood City Council. The contractor shall replace or repair any such defective work in a manner satisfactory to Engineer, following notice from Engineer specifying the work to be done and the time in which replacement or repair shall be completed. If Contractor fails to make such replacement or repair within the time specified in the notice, the City ma y perform the needed repairs and Contractor’s sureties shall be liable for the cost thereof.

XIX.

ENTIRE AGREEMENT, WAIVER AND MODIFICATION
T
his Agreement contains the completely final, entire, and exclusive agreement between the Parties with respect to the subject matter hereof, and no waiver, alterati on, or modification of any o f the provisions hereof or rights to act hereunder shall be binding unless made in writing signed by both Parties. Any attempted modi fication, amendment, or alteration in violation hereof shall be void.
119
19 IN WIT NESS WHEREOF, eac h of the Partie s hereto has caused the Agreem ent to be executed in its name on its behalf by a dul y authorized officer as of this day and year first above written.

C

ITY OF LYNWOOD CONTRACTOR
___
_________________________

LEGAL NAME OF FIRM
B
y:_____________________________ By: __________________________ Jorge Casanova Signature of Chairman of Board,
Mayor President, or Vice President
A
ttest:
_____________________________
(Typed/Printed Name)
B
y: ____________________________ _____________________________ Maria Quiñónez (Title)
City Clerk
By:___________________________
Signature of Secretary, Assistant
Approved as to Form: Secretary, CFO, or Assistant Treasurer B
y: ____________________________ _ _____________________________ Noel Tapia (Typed/Printed Name)
City Attorney
______________________________
(Title)
[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
120
20 1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to herei nafter as "City") has entered into an Agreeme nt dated ____ _____________ ( referred to hereinafter as the “Agreement”) with ___________________ _____________________________________ (hereinafter designated as “Contractor” or " Principal"), for construction of CITYWIDE SLURRY SE AL (PHASE 3) PROJECT, FY 2023-2024, (hereafter referred to as the “ Project”).

WHEREAS, the Work to be performed by the Contractor is more particularly set forth in the Agreement for the Project, the terms and conditions of which, including those set forth in the Contract Documents incorporated as component parts the of Agreement, are expressly incorporated herein by this reference; and
WHEREAS, the Contractor is required by the Agreement to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, , the
undersigned Contractor, as Principal, and ,
a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City in t he penal sum of _______________________________________________ Dollars ($______________ _) lawful money of the United States, said sum being not less than 100 percent of the total amount payable by the City under the terms of the Agreement, f or which payment well and truly to be made, we bind ourselves, o ur heirs, executors and administrators , successors and assigns, jointly and severally, firmly by these presents.

T
HE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden 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 undertakings, terms, covenants, conditions and agreements set forth in the Agreement and any alteration t hereof made as therein provided, on his/her or its part, to be kept and per formed at the time and in t he manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers, officials, employees, authorized agents and volunteers, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought on this bond, said Surety will pay to City a reasonable attorney's fee to be fixed by the Court. 121
21 As a con dition precedent to the satisfactory completion of the Agreement, unless otherwise provided for in the Agreement, the above obligation shall hold good for a period of one (1) year after the ac ceptance of the Work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and tot ally protect the City from loss or d amage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety h ereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rig hts or the Contractor or Su rety’s obligations under the C ontract, law or equity, inclu ding, but n ot limited to, California Code of Civil Procedure section 337.15.

W
henever Contractor shall be, and is declared by the City to be, in default under the Agreement, the Surety shall remedy the default pursuant to the Agreement, or shall promptly, at the City’s option:
(1) T
ake over and complete the Project in accordance with all terms and conditions in the Agreement; or
(
2) Obtain a bid or bids for completing the Project in accordance wi th all terms and conditions in the Contract D ocuments and upon determ ination by Surety of the lowest respons ive an d responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as Work progresses sufficie nt funds to pay the cos t of completion of the Proj ect, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor b y the City u nder the Agreement and any modification thereto, less any amount pr eviously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) P
ermit the City to complete the Project in any manner consistent with California law and make av ailable as Wor k progress es sufficient funds to pay t he cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “ balance of the contract price” as used in this par agraph shall mean the to tal amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City ma y reject any co ntractor or s ubcontractor whic h may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

T
he said Surety, for value received, hereby s tipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to the Project or to the Work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the Project, or to the Work or to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code. 122
22 No final set tlement between the City and the Contra ctor s hall abridge the right of a ny beneficiary hereunder, whose claim may be unsatisfied.

I
N WITNESS WHEREOF, the above- bounden parties have executed this instrumen t this _____ day of ______________ _, ________, the name and corporate seal of e ach corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

PRI
NCIPAL:
(seal)
_______________________________
B
y ____________________________
SU
RETY:
(seal)
_______________________________
B
y ____________________________
Attorney-in-Fact
T
he rate of premium on this bond is ____ per thousand dollars. T he total amoun t of premium charged, $_______________. (These bla nks must b e filled in by corporate surety.)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the Califor nia Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the Cal ifornia Insurance Code, and if t he Work or Pr oject is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended). No tary acknowledgements for Principal and Sur ety signatures and Power of Atto rney for Surety must be attached. THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(
Name and Address of Surety) (Name and Address of Agent/Representative in California if different)
__________________________________ ___________________________________________________ _________________________________ ___________________________________________________ _________________________________ ___________________________________________________ (Telephone Number of Surety/Agent ___________________________________________________ or Representative in California
123
23 STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )
On this _____ da y of ____ ___________, in the year _____, before me , __________________________, a Notary Public in and for said state, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the A ttorney-in-Fact of the (Surety) and acknowledged to me that he/she subscribed the name of the (Surety) the
reto and his/her own name as Attorney-in-Fact.
___
__________________________________
Signature of Notary Public in and for said State
(
SEAL)
M
y commission expires on: _____________
NO
TE: A copy of the power of attorney to l ocal repres entatives of t he bonding company must be attached hereto.

CE RTIFICATE AS TO CORPORATE PRINCIPAL
I
, _______________________________________, certify that I am the ________________________________ Secr etary of the corporation named as Principal to the within bond; that _________________ _________ ________________ who signed the sa id bond on behalf of the principal was then ___________________________ of said corporation; that I know his /her signature, and his/her signature thereto is genuine; a nd that sa id bond was dul y signed, sealed and attested for and in behalf of said Corporation by authority of its governing board. ___
____________________________
Signature of Corporate Principal
124
24 1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "City") has entered into an agreement dat ed __________ (referred to hereinafter as th e “Agreement”) with _____ ________ , (her einafter designated as the "Contractor" or “Principal”), for CITYWIDE SLURRY SEAL (PHAS E 3) PROJECT, FY 2023-2024 WHEREAS, Contractor is required to furnish a bond in connectio n with the A greement, and pursuant to Section 3247 of the California Civil Code.

NOW, THEREFORE, we, , the
undersigned Contractor, as Principal, and ,
a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City and to any and all pers ons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the penal sum of ____ ______________Dollars ($____________), lawful money of the United States, said sum being not l ess than 100 perce nt of the to tal am ount payable b y City under the terms of the Agree ment, for wh ich payment well and truly t o be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly a nd severally, firmly by these presents.

T
HE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his/her or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, items, implements or machinery used in, upon, for or about the performance of the Work re quired by the Agreement; or fails to pay (1) any of the persons named in Civil Code Section 3181, (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Agreement, or (3) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor provided pursuant to the Agreement, said Surety will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond, said Surety will pay to City a reasonable attorney's fee to be fixed by the Court. In add ition to th e provisions hereinabove, it is agreed that this bond wil l inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

T
he Surety, for value received, hereby stipulates and agrees that no change, extension of tim e, alteration, or addi tion to the terms of the Agreement or to the Wor k to be performed thereunder or the Specific ations accompanying the same; shall in any way 125
25 affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specif ications. Said S urety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.

No
final settlemen t between the City and the Contractor hereund er s hall abridge t he right of any beneficiary hereunder, whose claim may be unsatisfied.

IN
WIT NESS WHEREOF, the above- bounded parties have executed this instrumen t this _____ day of ____________, _____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

P
RINCIPAL:
(seal)
_______________________________
B
y _____________________________
SU
RETY:
(seal)
_______________________________
B
y _____________________________
Attorney-in-Fact
IMPORTANT: S urety companies execu ting Bo nds must possess a certificate of authority from the Cali fornia Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the C alifornia Insurance Code, and if the Wor k or Project i s financed, i n whole or in par t, w ith fed eral grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended).

Notary acknow ledgements for Pri ncipal and S urety signatures and P ower of Attorney for Surety must be attached. THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and A ddress of Agent/Representative in California if different)
________________________________ ___________________________________________________________ ___________________________________ ___________________________________________________________________ __________________________________ _________________________________________________________________ (Telephone Number of Surety/Agent _________________________________________________________________ or Representative in California)
S

TATE OF CALIFORNIA )
126
26 ) ss.

COUNTY OF _______________ )
On this _____ day of ____________ ___, in the year _____, before me, __________________________, a Notary Public in and for said state, personally appeared , known to m e (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in-Fact of the (Surety) and acknowledged to me that he/she subscribed the name of the (Surety) thereto and his/her own name as Attorney-in-Fact.
___
__________________________________
Signature of Notary Public in and for said State
(
SEAL)
My
commission expires on: _____________
N
OTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.

CER TIFICATE AS TO CORPORATE PRINCIPAL
I, _
______________________________________, certify that I am the ________________________________ Secretary of the corporation named as Principal to the within b ond; that _____ ____________ _________________________ who signed the said bond on behalf of the principal was then ___________________________ of said corporation; that I know his/her sig nature, and his/her signature thereto is genui ne; and that said bond w as duly signed , sealed and attested for and in behalf of said Corporation by authority of its governing board. ___
____________________________
Signature of Corporate Principal
(

CORPORATE SEAL)
127
27 1.4.4 CERTIFICATES / PROOF OF INSURANCE

AND ENDORSEMENTS
T
he Contractor shall not commence any o f the W ork or begin any performance under the Agreement until he/she obtains, at his/her own and sole cost and expense, all required insurance as stipulated by the City. The required insurance shall be prov ided by the Cont ractor in conformance with the re quirements of the Special Provisions and may include the following:
• W
orkers' Compensation Insurance
• Commercial General Liability and Business Automobile Liability Insurance • Course of Construction or Builder’s Risk Insurance
• Flood Insurance
T
he insurance company or companies utilized by the Contractor shall be authorized and admitted to transact business in the State of California and to is sue policies i n the amounts required pursuant to the provisions of the Special Provisions. All insurance required shall be placed with insurers wi th a current A.M. Best's rating of no less than A:VII, and shall contain the endorsements specified in the Special Provisions.

W
ithin te n (10) calendar days a fter receipt of t he Notice of Award, Contract or shall furnish to the City for approval as to sufficiency and form, certificates of insurance and original endorsements evidencing the required c overage set forth in the Speci al Provisions. Endorsements and certificates are t o be signed by a person authorized by the ins urer to bind coverage on the insurer’s behalf. If the insurance called for is provided by more than one company, a separate certificate a nd the required endorsements shall be provided by each company.

Cit
y rese rves the right to request complete, certified copies of all required insurance policies and endorsements at any time.

Fa
ilure to provide City with the required insurance coverage, p roof of insurance and/or endorsemen ts within ten (10) c alendar days of rece ipt of the Not ice of Award, may result in wi thdrawal of award and forfeiture of the Bidder's Bid Security.
128
28 ADDENDUM
B
y executing this Addendum, Contract or ac knowledges and agrees that the work performed pursuant to the above refer enced Agreement is subj ected to all applicable provisions.

P
ayment of Minimum Compensation to Employees. Contractor shall be obligated to pay not less than the General Prevailing Wages Rate as required by applicable law.

A. P
revailing Wage Requirements. California Labor Code requires the payment of not less than the general prevailing rate of per diem wages and rates for holiday and overtime and adherence to all labor standards and regulations. The General Prevailing Wages Rates may be adjust ed throughout the term of this Agreement.

Notwithstanding any other provision of thi s Ag reement, Contractor shall not be entitled to any adjustment in compensation rates in the event there are adjustments to the General Prevailing Wages Rates.

B. R
eports. Contractor shall n ot p erform on site work on this contra ct until labo r compliance documents are filed. Contractor agrees to cooperate with the City to fulfill its notifications requirement to the DIR, as required by DIR’s PWC-100 form or any other required f orm, and Con tractor agrees to provide t o the City the information required by the DI R, a s generally set forth in Labor Code Section 1773.3. By signing this form, Contractor, and all of its subcontrac tors, represents that it ha s registered with the Departme nt of Indust rial Relations pursuant to Labor Code section 1725.5 [w ith limited excep tions under Labor Code section 1771.1(a)] and paid the annual fee du e to the DIR, unless the Contractor meets an exception recognized by the DIR or by the law.

C. Fur
nishing of Electronic Certified Payroll Records to Labor Commissioner.

Contractor and subcontrac tor agr ee to furnish the required electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement), in the manner an d under the time fr ame required by law.

D. A
udit Rights . All records or documents req uired to be kept pursuant to this Agreement to verify compliance wit h the Wage Requirement shall be made available for audit at no cost t o City, at any time dur ing regular business hours, upon w ritten request by the City Attor ney, City Aud itor, City Manager, o r a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwis e, u nless an alternative is mutually agreed upon, the r ecords or documents shall be available at CONTRACTOR’s address indicated for receipt of notices in this Contract.
129
29 E. Enforcement.

1. Ge
neral. CONTRACTOR a cknowledges it has read and underst ands that, pursuant to the terms and co nditions of this Agreement, it is required to comply with the Wage Requirement and to submit certain documentati on to the City establishing its compliance with such requirement. (“Documentation Provision.”) CONTRACTO R further acknow ledges the City has det ermined that th e Wage Requir ement promotes ea ch o f the f ollowing (collectively “Goals”):
a. It protects public job opportunities and stimulates the City’s economy by reduci ng the incent ive t o recruit and pay a substandar d wage to labor from distant, cheap-labor areas.
b. It benefits the pu blic through the superior ef ficiency of well- paid employees.
c. It increases competition by promoting a more level playing field a mong contractors with regard to the wages paid to workers.

2. CONT
RACTOS’s Breach of Prevailing Wage/Living Wage Provisions.

WI
THOLDING OF PAYMENT: CONTRACTOR agrees that the
Documentation Provision is critical to t he City’s ability to monitor CONTRACTOR’s compliance wit h the City’s public wage obligations .

CONTRACTORS further agrees its breach of the Documentation Provision or general public wage obligations results in the need for additional enforcement action to verify compliance with this Addendum. In li ght o f the cri tical importance o f the Documentatio n Provision, the City and CO NTRACTOR agree that CON TRACTOR’s compliance with th is Addendum is an exp ress condition of City’s obligation to make each payment due to the CONTRACTOR pursuant to this Agreement. THE CITY IS NOT OBLIGATED

TO MA KE ANY PAYMENT DUE THE CONTRAC TOR UNTIL

CONTRACTOR H AS PERFORMED ALL OF ITS OBLIGATIONS UNDER
THESE PROVISIONS. THIS P ROVISION MEANS THAT CITY CAN

WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL REQUIRED DOCUMENTATI ON IS SUBMITTED. Any paymen t by the City despite C ONTRACTOR’s failure to fully perform its obligation s under these provisions shall not be deemed to be a wai ver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Documentation Provi sion or public w age obligations of the Contractor and the City.
130
30 CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS
PART 2 - SPECIAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024
S
ection 2.1 General, Terms, Definitions, Abbreviations, and Symbols

2.2 Scope and Control of Work

2.3 Control of the Work

2.4 Control of Materials

2.5 L egal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 Measurement and Payment

2.8 Facilities for Agency Personnel

2.9 Construction Details (Materials and Methods)
*
* * * *
131
31 CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
PART 2 - SPECIAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024
SECTION2.1 – General, TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 2 .1.1 GENERAL
The followin g additions/modifications ar e hereby made to the Standard Specifications:

2.1.1.1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications of the City of Lynwood, Standard Specifications for Public W orks Constru ction ("Greenbook"), l atest Edition, including all current supplements, addenda, and revisions thereof, the City Standard Plans identified in the Appendix, and the Special P rovisions set forth in this Part 2 of the Contract Documents.

I
n case of conflict between the technical provisions of the Caltrans Standard Specifications, latest Edition and these Special Provisio ns, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.

2.1.1.2 Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenc ed portions o f the technical provisions of the Caltr ans Standard Specifications, latest Edition, provided, that wherev er the term "Standard Specifications" is used with out the prefix "Caltrans," it shall mean the Standard Specifications f or Public Works Co nstruction (" Greenbook"), latest Ed ition, as previously specified in the above Subsection 2.1.1.1.

I
n case of conflic t between the technical provisions of the Caltrans Standard Specifications, latest Edition an d these Special Provisions, t hese Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.
132
32 2.1.2 LEGAL ADDRESS

2. 1.2.1 Legal Address of the Agency. - The official address of the Agency shall be the City of Lynw ood, 11330 Bullis Road , Lynwood, California 90262, or such other address as the City may subsequently designate in written notice to the Contractor.

2. 1.2.2 Legal Address of the Engineer. - The official address of the Engineer shall be 11330 Bullis Road, Lynwood, California 90 262, or su ch other address as the Engineer may subsequently designate in writing to the Contractor.

2.1. 2.3 Legal Address of the Agency’s Project Representative. – The name and address of the A gency’s designated Project Representative shall be Mi r T. Fattahi, MsCE, P.E., Acting City Engineer, 11330 Bullis Road, Lynwood, California 90262, or such address as the Project Representative may subsequently designate in writing to the Contractor.
2 .1.3 DEFINITIONS AND TERMS

2. 1.3.1 Definiti ons and Terms. - Wherever i n the Standard Specifications t he following terms are used, the definitions shall be amended to read:

A
gency - The City of Lynwood, a California municipal corporation and general law city, existing in the County of Los Angeles, State of California.

Board – T
he City Council of the City of Lynwood.

E
ngineer - The City Eng ineer of the City of Lynwood or other pers ons designated by the City Engineer.

Li
quidated Damages - The amount prescribed in these Special Provisions, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deduct ed from any payments due or to become due to the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions.

S
tandard Plans - The Standard Drawings and the Special Drawings of the City of Lynwood.

2.1.3.2 Additional Definitions and Ter ms. - The following additional terms and definitions used in the Contract Documents shall apply:

P
roject – The Work that is the subject of the Contract Documents.

T
otal Bid Price – The full price for all the Work required to complete the Project submitted by a Bidder in the Bid Documents.
133
33 U nit Price – The amount set forth in a Bid Schedule document for a single unit of an item of work.

U
nit Price Bid Item – An item of work to which a Unit Price applies. - END O

F SECTION -
134
34 SECTION 2.2 - SCOPE AND CONTROL OF WORK
2 .2 SCOPE OF THE WORK
T
he project consists of slurry seal various streets as part of the citywide slurry seal project (PHASE 3).
2 -2.1 PERMITS.

T
he text of Subsection 2-2 of the Standard Specifications is hereby deleted and replaced with the following:

P
rior to the start of any work, the Contractor shall take out the applicable AG ENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Cont ractor and all subcont ractors shall each obtain an AGENCY business license and shall be licensed in accordance with the State Business and Pro fessions Code. Th e Contractor shall also obtain any and all other per mits, lic enses, inspections, certificates, o r authorizations requi red by any governing body or entity.
2 .2.2 CONTRACTOR’S SURETY WAIVER OF RIGHT OF NOTIFICATION T
he following shall be added to the Standard Specifications:
"
The Contractor shall ensure that its Surety is familiar with all of the t erms and conditions of the Contract Documents, and shall obtain a w ritten acknowledgement by the Surety that said Surety thereby waives the right of special notification of any changes or modifications of the Agreement, or of extensions of time, or of decreased or increased Work, or of cancellation of the Agreement, or of any other act or acts by the City of Lynwood or any of its authorized representatives."

2.2 .3 CHANGES INITIATED BY THE AGENCY
T
he following sentence shall be added to the Standard Specifications:

A
ll Change Orders shall be subject to the provisions of Subsection 6-3.15 of the Lynwood Municipal Code.

2.2 .4 EXTRA WORK
The provisions of Section 2-8 of the Standard Specifications shall apply; provided that the provisions go verning markup percentages for overhead and profit for extra work referenced in Subsection 2-8 and 7-4.3 Markup, Paragraph (a) Work by Contractor of the latest Edition shall be deleted in their entirety and the following substituted therefor:
135
35 (a) W o rk by Contractor. The following percentages shall be added by the City to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 20 per
cent
2) Materials 15 percent
3) Equipment rental 15 percent
4) Other items & expenditures 15 percent
5) Subcontracts (1st tier only) 5 percent
6) Lower Tier subcontractors none
To
the sum of costs and markups provided for in this subsection, one percent shall be added by the City as compensation for bonding.

2. 2.5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY
S
ubsection 2-3 of the Standard Specifications sha ll be deleted in its e ntirety and the following substituted therefor:

A
ll temporary access or co nstruction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense.

2. 2.6 TESTING
T
he Contractor shall pr ovide, at its sole cost and expense, any tes ting indicated by the Contract Documents. The testing shall be performed by a company approved by the Engineer. O nly initial compaction tests which produce results meeting the City’s previously specified requirements shall be at the City’s expense. All compaction testing which produces results that fail to meet the City’s previously specified requirements and all retaking of such tests s hall be at the Contract or’s expense and City shall not pay Contractor any compensation therefor.

T
he Contractor, at its sole expense, shall excavate any holes nece ssary for compaction tests, backfill the holes, compact the backfill placed in the holes, and pave the surface, if required, after the test(s) are completed.

2. 2.7 SITE EXAMINATION
T
he Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work. The submittal of a Bid Proposal shall be conc lusive evidence that the Contractor has investigated and examined the Work si te and is satisfied as to the conditions to be encountered, including but not limited to, l ocality, uncertainty of weather and all other contingencies, and the character, quality, quantities, and scope of the Work, materials to be furnished, and all Agreem ent requirements which could in any way affect the Work or the c osts thereof. The fai lure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not 136
36 relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. 2 .2.8 FLOW AND ACCEPTANCE OF WATER
Sto
rm, surface, nuisance, or other waters may be encoun tered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk.

2. 2.9 RECYCLING AND DIVERSION OF DEBRIS
T
he Contractor shall adhere to all provisions of Section 9-6, “Recycling and Diversion of Debris from Construction and Demolition,” of the City of Lynwood Municipal Code. 2 .2.10 POLLUTION CONTROL
2 .2.10.1 Water Pollution Control
T
he C ontractor shall adhere to all provisions of Sec tion 14 -12 of the Lynwood Municipal Code: “Stormwater and Urban Runoff Pollution Control,” and the Federal Clean Water Act, in cluding but not limited to, the Nationa l Pollutant Dis charge Elimination System (NP DES) standards. The C ontractor shall impl ement all provisions of the Storm Water Pollution Prevention Plan (SWPPP) prepared by the City. Delete the SWPPP provision if project site is less than one (1) acre.

2.2 .10.2 Sound Pollution Control
The Contractor shall ensure that its operations do not exceed a noise level of 86- decibels (db) as measured at a distance of 50 feet from all its sources of operation.
2 .2.10.3 Air Pollution Control
T
he Contractor shall adhere to all applicable rules and regulations of the California Air Resource Board (CARB) and the South Coast Air Quality Management District (SCAQMD).
- E

ND OF SECTION -
137
37 SECTION 2.3 – Control of The Work

2.3.1 SEL
F-PERFORMANCE.

T
he whole paragra ph of S ection 3-2 of the S tandard Specifications is hereby delet ed and replaced with the following:

T
he Contractor shall perform or provide, with its own organization, c ontract l abor, materials, and equip ment amounting to at least 50 percent of the Cont ract Price. Th e contract la bor performed or provided by the Contr actor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor sh all exclu de th e Contractor’s sup erintendent. Any designated “Speci alty Items” may b e performed by subcontract a nd the amount of any such “Specialty I tems” so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimat ed percentage of the C ontract Unit or Lump Sum P rice, determined from informatio n submitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid package shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontr actor who will perform work or labor or render service to the prime contractor in or about the construction of the w ork or improvement, or a subcontractor licensed by the State of California who, under sub contract to the prime contractor, specially fabri cates and installs a portion of the work or impro vement according to detailed drawings contained in the plans and specifications, in an amount in excess of one- half of one percent o f the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise fully d esignate the portion of work to be performed by each subcontractor.

2.3.2 P

RECEDENCE OF CONTRACT DOCUMENTS
T
he provisions of Subsection 3-7.2 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

T
he Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

T
he Contract Documents are intended to be fully cooperative and to be complementary. If Contractor obs erves that any docu ments are in conflict, the Contractor shall promptly notify the Engineer in writing.

In
r esolving disputes resulting from conflicts, errors, or discrepa ncies in any of the Contract Documents, t he document highest in precedence shall control. The order of precedence shall be as listed below:
138
38 1. A pproved and Fully -Executed Change Orders

2. Agreement

3. Addenda

4. Contractor's Bid (Bid Documents)

5. Technical Provisions

6. Special Provisions

7. General Provisions of the Standard Specifications

8. Notice Inviting Bids

9. Instructions to Bidders

10. Plans (Contract Drawings)

11. Standard Specifications

12. City Standard Plans

13. Reference Specifications
W
ith reference to the Drawings, the order of precedence shall be as follows:

1. F
igures govern over scaled dimensions.

2. Detail drawings govern over general drawings.

3. Addenda or Change Order drawings govern over Contract Drawings.

4. Contr act Drawings govern over Standard Drawings.

5. Contr act Drawings govern over Shop Drawings.
2 .3.3 SUBMITTALS
The f
ollowing provision shall be added at the end of Subsection 3-8 .1 of th e Standard Specifications:

O
n lump sum contracts, the Contrac tor shall submit, for approval by the En gineer, a Schedule of Values, or lump sum price breakdown, whic h will serve as the basis for progress payments and shall be incorporated into a form of payment request (or invoice) acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor.
2 .3.4 SUBSURFACE DATA
T
he provisions of Subsection 3-9 of the Standard Specifications shall be deleted in thei r entirety and following substituted therefor:

L
imited Reliance b y Contractor. - Soils reports and other reports of subsurface conditions may be made avail able by the City for inspection by the Contractor.

HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS.

The Contractor may rely upon the general accuracy o f the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data," the Contractor may not rely upon or make any claim aga inst the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:
139
39 C
ompleteness. - The completeness of such reports a nd drawings for Contractor's purposes, including, but not limited to, an y aspects of the means, met hods, techniques, sequences, and proc edures of construction to be employed by Contractor and safety precautions and programs incident thereto, or
O
ther Inf ormation. - Any other data, int erpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or I
nterpretation. - Any interpretation by the Contractor of such "technical data," or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.
2 .3.5 PERMANENT SURVEY MARKERS
Th
e provisions of Sub section 3-10.1 of the Standard Specifications shall be deleted i n their entirety and the following substituted therefor:

It s
hall be the Cont ractor's resp onsibility to protect all the existing su rvey monuments, bench marks, survey marks and stakes. Removal o f such monuments, or displacement thereof, shall require their resetting, including corner record filing, for the existing type of monument in question at the Contractor's sole expense.

An
y existing monument shall not be disturbed. Where the Engineer concu rs, in writing, with the Contractor that protecting an existing monument in place is imprac tical, the Contractor shall employ a California Licensed Land Surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a California Licensed Land Surveyor no later than thirty (30) days after construction is completed at the site of the replacement. The California Licensed Land Sur veyor shall file corner record(s) as require d by Sections 8772 and 8 773, et seq., of the California Business and Professions Code.

P
ayment for the costs of Land Surveyors, replacem ent of disturbed monuments and the filing of corner records shall not be cons idered part of the work necessitating the disturbance of said monuments and no additional payment will be made by C ity to Contractor therefor.
2 .3.6 SURVEY SERVICE
T
he provisions of Subsection 3-10 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

T
he Contractor shall hire and pay for the services of a California Licensed Land Surveyor to perform all work necessary for est ablishing control, construction staking, records research, and all other surv eying work necessary to perform the Work; and to provide other surveying services, if required by the Contract Documents, in accordance with the 140
40 Land Surveyors Act. The California Licensed Land Surveyor shall be present on the site during all surveying op erations and shall personally supervise and certify the surveyin g work.

P
ayment for work performed to satisfy the requirements of surveying shall be included by Contractor in its bid for any items requiring the survey work and no additional payment will be made by City to Contractor therefor.

2.3.7 IN

SPECTION
Th
e provisions of Subsection 3-5 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

Th
e Engineer shall have complete and safe access to the W ork at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Contract Documents, including but not limited to, the Standard Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspe ction.

The Contractor shall notify the engineer at least t wenty-four (24) hours before any inspection is required.

If th
e Contra ctor is a llowed by the Engineer to work outside the hours of opera tions specified in this Special Provisions, on weekends, or on days designated as holidays by the City, and if the Engi neer decides that inspection services are required during such times, the costs for those services shall be borne by the Contractor. When the Work is substantially completed, a representative of the Engineer will make the final inspection. - E

ND OF SECTION -
141
41 SECTION 2.4 - CONTROL OF MATERIALS

2. 4.1 MATERIALS

2.4.1.1 GE N
ERAL.

T
he following is hereby added to this subsection of the Standard Specification:

T
he Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire work will meet all requirements of this contract as to the quality of m aterials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) years after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with r equirements of this contract any portion of the work w hich is found to not meet those requirements. The Contractor shal l hold the AGENCY harmless from claims of a ny kind arising fr om damages due to said defects o r noncompliance. The Contractor shall make all repairs, replacements, and restorations within thirty (30) days after the date of the City Engineer’s written notice.

T
he Contractor shall p lace t he order(s) f or all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities wit hin three (3) working days after the receipt of the Notice of Award from the Cit y. The Contractor shall furnish the Engineer with a statement from the vendor(s) t hat the order(s) for said supplies, materials, and eq uipment has been received and accepted by said vendor(s) withi n fifteen (15) working days from the date of receipt of Notice of Award.

2.4. 2 TRADE NAMES OR EQUALS

2. 4.2.1 Substitu tions. - Paragraph 2 of Subsection 4-6 of the Standard Specifications shall be amended to read as follows:

W
henever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by t he name of the manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words "or equal." A Bidder ma y offer any material, process, o r equipment considered as equivalent to t hat indicated, unless the City Council, or its designee, makes a finding that is described in the invitation for bids or request for proposal that a particular material, product, thing, or service is de signated by specific brand or trade name for any of the following purposes:

1. In order that a field test or experiment may be made to determine the product's suitability for future use.
142
42 2. I n order to match other products in use on a particular public improvement either completed or in the course of completion.

3. In order to obtain a necessar y item that is only av ailable from one source.

4. In order to respond to an emergency declared by a local agency, but only if the decl aration is approved by a four -fifths vote of the governing board of the loc al agency issuing the invitation for bid or request for proposals; or in order to respond to an emergency declared by the state, a state agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the authority issuing the invitation for bid or request for proposals.

F
ailure of the Bidder to submit requests for substitution with the Bid, using the form provided in Appendix C of the Contract Documents , shall be deemed to signify that the Bidder, if awarded the contr act, intends to furnish one of the brands named in these Special Provisions and the Bidder does thereby waive all r ights to offer or use substitute materials, products, or equipment for that which was originally specified. Data substantiating a request for substitut ion of an "or equal" item shall be submitted either with the Bid or not later than ten (10) days following t he Bid opening, and will not be considered until after execution of the Agreement by all parties. 2 .4.2.2 Submittals for Approval of "Or Equals." – The first sentence of Paragraph 3 of Subsection 4-6 of the Standard Specifications shall be amended to read as follows:

Sh
ould the Contractor request approval for substitution of "or equal" products, it shall, at its expense, submit data substantiating such request to the Engineer as per Subs ection above. Data for approval to substitute "or equal" products shall include complete calculations, technical specifi cations, sa mples, o r published documents relating to the perf ormance and physical characteristics of the proposed substitute.
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43 SECTION 2.5 – Legal Relations and Responsibilities
2 .5.1 LABOR
2 .5.1.1 General.

The following is hereby added to this subsection of the Standard Specifications:

The
Contractor, and all subcontractors, suppliers, and vendors, shall compl y with all AGENCY, Sta te and Federal orders re garding aff irmative action to ensure equal employment opportunities and fair employment prac tices. Failure to file any report due under said orders will resu lt in suspension of periodic progress payments. The Contractor shall ensur e unlimited access to th e job site for al l e qual employment opportunity compliance officers. In ac cordance with the l abor Co de, as p rovided in Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing rates as established by the Director of Industrial Relations of the State of California. The Contractor shall not pay less than these rates.
2 .5.2 INSURANCE.
2 .5.2.1 General Liability Insurance.

Th
e liability insurance coverage values are hereby amended to be:

Insurance Coverage Requirements Limit Requirements
Com
prehensive General Liability $2,000,000
Product/Completed Operations Hazard $2,000,000
Comprehensive Automobile Liability $2,000,000
Contractual General Liability $2,000,000
Worker’s Compensation Statute
A
combined single l imit policy with aggregate limits in the amount of $4,000,000 will be considered equivalent to the required minimum limits. A pro forma copy of the poli cy(s) shall be submitted to the City. A certificate of endorsement naming the C ity and its Agents as additional i nsured identifying the c overage limits, dates of coverage insurance provided, and project number is required.
2 .5.3 SAFETY.
2 .5.3.1 Work Site Safety.

2.5.3.2 General.

S
ubsection 2.5.3.2 is hereby added to Section 5 of th e Standard Specifications as follows:

It i
s part of th e service req uired of the Contractor to make whate ver provisi ons ar e necessary to protect the public. The Contractor shall use foresight and shall take such 144
44 steps and pr ecautions as its operations war rant to protect the publ ic from danger, loss of life or loss of property, which would result from interru ption or contamination of public water supply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual co nditions may arise on the work, which will require that immediate and unusual pro visions be made t o protect t he public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

W
henever, in the opi nion of the Engineer, an emergency exists against which th e Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damage d by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be cons idered necessary in order to p rotect the public or property due to t he Contractor’s operations under this contract, the Engineer will order the Contrac tor to provide a remedy for the unsafe condition. If the Contractor fails to act on the s ituation within a r easonable time period, t he Engineer may provide suitable protection to sai d interests by causing such work to be done and material to be furnished a s, in the opinion of the Engineer may seem reasonable and necessary.

T
he cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by t he AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the ful l responsibility for public safety.
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45 SECTION 2.6 – PROSECUTION AND PROGRESS OF THE WORK

2.6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

The following is hereby added to this subsection of the Standard Specifications:

The Contr actor’s proposed Construction Schedule shall be sub mitted to the Engineer within ten working days after the date of the Agency’s execution of the Contract Agreement. The schedule shall be supported by written statements fro m each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

Prior to i ssuing the Notice to P roceed, the Engineer wi ll schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange utility co ordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the last day of each mont h. Th e Report shall include an updated Construction Schedule. Any deviations f rom th e original sc hedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

2.6.2 TIME OF C OMPLETION
After the Agreement has been executed by all parties, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within ten (10) working days after the date specified in said Notice to Proceed.

Said Work shall be diligently prosecuted to completion before the expiration of:

FIFTY (50) CALENDAR DAYS
from the date specified in a written Notice to Proceed from the City.

2.6.3 DEFAULT BY CO NTRACTOR

2. 6.3.1 T he provisions Subs ection 6 -7 of the Standard Spe cifications shall b e deleted in their entirety and the following substituted therefor:

The Agreement may be cancelled by the City Council without liability for damages, upon the City Council’s determ ination that the Contractor is not complying in good faith with the term s of the Agreement, has become insolvent, or has assigned or subcontracted any part of the Work without the City Council’s consent. In the event of such cancellation, the Contractor will be paid the actual am ount due based on Unit Prices or lump sums bid and the quantity of Work completed at the time of cancellation. A ny damages sustained by the City due to acts or omissions of the Contractor 146
46 will be subtracted from this amount. The Contractor, in having tendered a Bid, shall be deemed to have waived any a nd all claims for damages because of cancellation of the Agreement for any of the reasons specified in this paragraph. If the City declares the Agreement canceled for any of the reasons sp ecified in this paragra ph, written notice to that effect shall be served by the City via personal delivery or by c ertified mail (return receipt requested) upon Contractor’s Surety. The Surety shall, within fi ve (5) working days after receiving the written notice, assume control and perform the work as successor to the Contractor.

I
f the Contractor fails to: begin de livery of material and equipment; commence work within time specifi ed; maintain the rate of del ivery o f material; execute the work in the manner and at such locations as specified; maintain a work program which will ensure the City’s interest; or carry out the intent of th e Agreement; written notice may be served by the C ity via personal delivery or by certified mail (receipt requested) upon the Contractor and its Surety on its Performance Bond demanding satisfactory compliance with the Agreement.

If t
he Contractor or its Surety does not comply with such notice within five (5) working days after receiving it, or fails to continue after starting to comply, the City may exclude the Contractor and/or its Surety from the premises and take possession of all material and equipment. The City may complete the Work in any manner consistent with applicable Ca lifornia law, includ ing but not limited to use of its own forces, or by letting the unfinished work to another Contractor. In any event, the cos t of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Agreement are insufficient, the Contractor or Surety shall pay to the City, wit hin five (5) working days after the completion of the unfinished work, all costs in excess of the sums due.

If th
e Su rety assumes any part of the Work , it shall take the Contr actor’s place in all respects for that part and s hall be paid by the City for al l work performed by it in accordance with the Agreement. If the Surety assumes the entire Agreement, all money due the Contractor at the time of its default shall be payable to the Surety as the work progresses, subject to the terms of the Agreement.

Th
e provisions of this Subsection shall be in addition to all other rights and remedies available to the City under law.
2 .6.4 DAYS DESIGNATED AS HOLIDAYS BY THE CITY OF LYNWOOD

2. 6.4.1 Days Designated as Holidays by the City of Lynwood. - In accordance with the Standard Specifications, the days designated as holidays by the City are:
147
47 Ne w Year’s Day Independence Day
Martin Luther King’s Birthday L abor Day
César Chávez’ Birthday Thanksgiving Day
Ch
ristmas Day Memorial Day
A
ny holiday shown a bove that falls on a Sunday shall be observed the fol lowing Monday.
2 .6.4.2 Days Designated as Holidays by BOTH the State of California AND the United S tates Federal Government. - In addition to the holidays specified i n §2.6.4.1, holidays observed by BOTH the State of California AND the United States federal government shall also be granted by the City and are designated as follows:

P
residents’ Day Columbus Day
Veterans’ Day
Any holiday shown above that falls on a Sunday shall be observed the following Monday.

2. 6.5 LIQUIDATED DAMAGES

2. 6.5.1 Amount. - The amount of Liquidated Damages as specified in Section 6-9 of the Standard Specifications shall not apply. The applicable amount of Liquidated Damages shall be specified in the Agreement.
2 .6.6 T IMES OF OPERATION

2.6.6.1 Hours of Operation. - No construction activities shall take place and no person shall operate, permit, use, or cause to operate any o f the fo llowing, other than between the hours of 7:00 a.m. to 3:30 p.m. (9:00 a.m. to 3:00 p.m. for work involving arterial streets), Monday through Friday, with no work allowed on City - observed holidays, unless otherwise approved by the Engineer:

1. Pow
ered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools
2 .6.7 N OTIFICATION
T
he Contractor shall notify the City of Lynwood and the owners of all ut ilities, subsurface installations a nd su bstructures not less than forty-eight (48) hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:

AT&T (310) 515-2419
City of Lynwood (310) 603-0220
148
48 Cit y of Lynwood Water & Sewer (310) 603-0220, Ext. 800 Consolidated Disposal Services (trash collection) ( 562) 577-6277 Los Angeles County Fire Department (Sta. 147) (310) 605-5670 Los Angeles County Fire Department (Sta. 148) (310) 603-5270 L.A. County Public Works/Flood Control (626) 458-5100
Los Angeles County Sheriff’s Department (323) 508-4800 MV Transportation, Inc. (bus service) (562) 259-9911
Lynwood Unified School District (310) 605-5670
Park Water Company (562) 923-0711
Southern California Edison (800) 655-4555 or (310) 608-5005 Southern California Gas (310) 605-7909
Time Warner Cable (562) 259-2015 or (888) 892-2253
Underground Service Alert (800) 227-2600
U.S. Postal Service (800) 275-8777
T
he Contractor shall notify the U .S. Postal Se rvice and trash collection compan y of all work areas affecting service five (5) working days prior to construction and shall coordinate the work so that these services are not interrupted.
2 .6.8 CONSTRUCTION SCHEDULE
T
he provisions of Subsection 6-1 of the Standard Specifications shall be amended as set forth in the following Subsections:

2. 6.8.1 Schedule of Work. - A schedule of Work as required under Section 6-1 of the Stan dard Spe cifications shall be p rovided by the Co ntractor at the pre - construction meeting.

2. 6.8.2 Method. - The Contractor shall provide a project management tool in the form of a Critical Path Method (CPM) network schedule for planning and scheduling of all work required under the Agreement. All schedule reports shall be in the form of computer printouts. The Contractor may elect to use bar charts (Gantt charts) as a supplementary on-site scheduling tool; provided, that all such bar charts shall be generated in the computer from the approved CPM network schedule.

C
PM sc hedules may b e submitted in e ither arrow diagr am or time -scaled precedence diagram format, subject to the requirements of these S pecial Provisions.
2 .6.8.3 Qualifications. - A statement of computerized CPM capability s hall be submitted in writing prior to the award of the Contract, and shall verify that either the Contractor's organization has in- house capability to prepare and use C PM scheduling techniques, or that t he Contractor will empl oy a CPM consulting firm who is so qualified.

2.6. 8.4 Submittal Procedures. - Within twenty (20) working days of execution of the Agreement by all parties, and within ten (10) working days of the E ngineer's 149
49 written request at any ot her t ime, the Contracto r shall submit the schedule an d schedule reports in the form specified herein. The Contractor, if requested by the Engineer, shall provide revised network diagrams and schedule reports if at any time the Engineer considers the completion date to be in jeopardy bec ause of "activities behind schedule." Such additional network diagrams and reports shal l include a new arrow or pre cedence diagram a nd schedule reports conforming to the requirements of Subsection 2.6.8.7 of these Special Pr ovisions, showing how the Contr actor intends to accom plish the Work to m eet the completion time specified. The form and method employed by the Contractor shall be the same as that required for the initial schedule submittal.

2.6 .8.5 Schedule Revisions. - The Contractor shall modify any and all portions of the construction s chedule t hat become infeasible be cause of activit ies or procurement behind schedule, or for any other valid reason. Any activity that cannot be completed by its original latest completion date shall be deemed to be be hind schedule.

2. 6.8.6 Change Orders. - Upon issuance of a Change Order or other Contra ct modification, the approved change shall be reflected in the next submittal of the Construction Schedule.
2 .6.8.7 Approved Standards. -

2.6 .8.7.1 Definition. - CPM scheduling, as required under this Section, shall be inte rpreted to be generally as outlined in the Associated Gen eral Contractors of America publication, "The Use of CPM in Construction," as amended by these Special Provisions.

2. 6.8.7.2 Construction Schedules. - Construction schedules shall include computer-generated graphic networks and computerized con struction schedule reports meeting requirements of this Section.

2. 6.8.7.3 Networks. - The CPM scheduling network shall be in the form of a time-scaled arrow or time -scaled precedence diagram of the "activity-on- arrow" or the "activity on node" type and may be divided into separate pages with suitable notation relating to the interface points b etween the pages.

Individual pages shall not exceed thirty-six (36) by sixty (60) inch sheet size.

Notation on each activity arrow or node shall include a brief work description and duration estimate.

A
ll construction activities and procurement sh all be indicated in a time - scaled format and calendar scal e shall be shown along the ent ire sheet length. Each activity arrow or node sha ll be plotted so that the beginning and completion days and free float time of said activity can be determined graphically b y compa rison with the calendar sca le. All activities shall b e shown using symbols that clearly distinguish between critical path activities 150
50 and free float for each non-critical activity. All non-critical path activities shall show estimated performance time and free float time in scaled format.

2.6.8.7.4 Duration Estimates. - The duration estimates indicated for each activity shall be computed in working days, converted to calendar days, and shown on the construction schedule in calendar days, and s hall represent the single, best estimate considering the scope of the Work and resources planned for the activity. Except fo r certain non- labor activities, such as curing of concret e, pai nt drying, procurement, or delivering of materials, activity durat ion shal l not e xceed ten (10) working days [fourteen (14) calendar days] nor be less than one (1) working day, unless otherwise accepted by the Engineer.

2. 6.8.7.5 Schedule Reports. - Schedule Reports shall be prepared from the initial construction sche dule and from all subsequent revisions of the schedule. As a minimum, Schedule Reports shall contain the following data for each activity:

1. A
ctivity numbers (or i-j numbers)

2. Estimated activity duration

3. Activity description (including procurement items)

4. Early Start date (calendar dated)

5. Early Finish date (calendar dated)

6. Late Start date (calendar dated)

7. Late Finish date (calendar dated)

8. Status (whether critical)

9. Total Float for each activity

10. Free Float for each activity

2. 6.8.7.6 Project Information. - As a minimum, each Schedule Report shall include the following summary data:

1. P
roject name

2. Contractor name

3. Sequence or revision number or date

4. Project duration

5. Scheduled completion date

6. Date of commencement of the Work

7. Cite new completion date, if applicable

2.6 .8.8 Sch edule Monitoring. – At l east once a mont h, and when speci fically requested by the Engineer, the Contractor shall submit to the Engineer a computer printout of the latest updated Schedule Report for those activities that remain to be completed.
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51 SECTION 2.7 – MEASUREMENT AND PAYMENT

2.7.1 GENERAL

2.7.1 .1 Payment. – Paragraph 2 of Subsection 7-3.1 of the Standard Specifications shall be amended to read as follows:

Payment for the various items of the Bid Schedule(s) shall include all compensation to be recei ved by the Contr actor for furnishing all tools, eq uipment, supplies, and manufactured articles, and for all labor, o perations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the Work in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and costs of complying with the regulations of any public agencies having juris diction over Cont ractor or the Work, including, but not limited to , the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety an d Health Administration of the U.S. Department of Labor (OSHA).

N
o separate or additional payment will be made for any item that is not specifically set forth in the Bid Schedule(s), unl ess approved and covered by a subsequent Change Order (s) issued in accordance with the provisio ns of the Contract Documents and all costs for any such items shall be included in the prices named in the Bid Schedule(s) for the various appurtenant items of Work.

2.7. 1.2 Progress and Final Payments. – Paragraphs 2 through 5 of Subsection 7-3.2. of th e Standard Specifi cations shall be deleted in their entirety and the following substituted therefore:

I
n order to receive monthly progress payments for Unit Pri ce Bid Schedule(s), for work performed to the established closure date, the Contractor sha ll submit to the Engineer a billing invoice and an at tachment containing a correct list of estimated quantities and work completed by th e Contractor for the applicable Unit Price Bid Items listed in the Bid Schedule(s). Such invoice shall also include a s tatement of accumulated working days. The estimated quantities and work completed shall be verified by the Engineer prior to processing payment.

I
n order to receive monthly progress payments for Lump Sum Bid Schedule(s), for work performed to the established closure date, the Contractor shall submit to the Engineer a billing invoice and an attachment containing a correct list of estimated quantities and work completed, in accordance with the Schedule of Values approved by the Engineer. Such invoice shall also include a statement of accumulated working days. The estimated quantities and work completed shall be verified by the Engineer prior to processing payment.

Whe
n the entire Project has been satisfactorily complet ed, the Contrac tor shall submit its final billing invoice and required detailed attachment to the Engineer for the required verification and preparation of the final estimate. 152
52 A
cceptance of any progress payment accompanying any est imate without written protest shall be an acknowledgment by t he Contractor that the number o f accumulated working days shown on the a ssociated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Agreement shall not constitute a waiver of liquidated damages.

S
ubject to the provisions of Section 22300 of the Public Contract Code, a ten percent (10%) retention will be withheld from each progress payment. All monthly invoices or payment requests, together with the required at tachments detailing the number of days worked and estimates of quantities and work completed , shall be directed to and approved by the Engineer before submittal to the City for payment.

P
ursuant to the provisions of California Public Contr act Code Section 20104.50, should City fail to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request (or invoice) from Contractor, City shall be liable to pay interest on such late payment equivalent to the legal rate set forth in s ubdivision (a) of Section 685.010 of the Califor nia Code of Civil Procedure. Upon receipt of an invoice or payment request from Contractor, the City shall: (1) review the invoice as soon as practicable after receipt to determine that the invoice is a proper payment request / invoice; and (2) return to the Contractor within seven 7 days of receipt any invoice / paymen t request the City determines to be improper, accompanied by a writing setting forth the reasons for City’s determination of impropriety. The number of days av ailable to City to make a payment without incurring interest as set forth in this paragraph shall be reduced by the number of days the City exc eeds the seven (7) day return period set forth in the p revious sentence.

T
he Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice and valid unconditional waivers of lien from the Contractor and all subcontractors and materialmen for all work an d materials included in any prior invoices. Waivers of lien shall be in forms prescribed by California Civil Code Section 3262. Prior to final payment by City, Contractor shall submit a final waiver of lien for Contractor's work, together with releases of lien from any subcontractor or materialmen.

2.7.2 SC

HEDULING, MEASUREMENTS AND PAYMENTS

2.7.2 .1 Initial Mobilization: - The following paragraphs shall be added to the end of Subsection 7-3.4 of the Standard Specifications:

Measurement f or payment for Mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first twenty-five (25) days following the Notice to Proceed.
153
53 P ayment for Mo bilization will be made at the lump sum allowance named in the Unit Price Bid Schedule(s) under the Bid I tem, “Mobilization,” which price shall constitute full compensation for all such work. Payment for mobilization will be made in the form of a single, lump-sum, non-proratable payment. The Bid Item, “Mobilization,” will not be approved for payment until all mobilization items listed herein have been completed as specified. The scope of work included under the Bid Item, “Mobilization” shall include, but not be limited to, the following principal items:

1. O
btaining and paying for all bonds, insurance, and permits.

2. Mov
ing onto t he site all Contractor’s plant and equipment required for first month’s operations.

3. I
nstalling temporary construction power, wiring, and lighting facilities.

4. E
stablishing fire protection system.

5. D
eveloping and instal ling a constructi on water supply per the Standard Specifications.

6. P
roviding on-site sanitary facilities and potable water facilities as specified per Cal-OSHA.

7. F
urnishing, installing, and maintaining all st orage buildings or sheds required for temporary storage of produc ts, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements and the specific provisions of the sp ecifications, including temperature and humidity cont rol, if recommended by the manufacturer and for all security.

8. A
rranging for and erection of Contractor’s work and storage yard.

9. P
osting all OSHA required notices and establishment of safety programs per Cal-OSHA and as required by the Standard Specifications. 1 0. Having the C ontractor’s superintendent at the job site full time as required under the Standard Specifications.
1 1. Submittal of required Construction Schedule as specified in Subsection 6-1 of the Standard Specifications.

12. Submittal of Proposed Construction Schedule on or before the Preconstruction Conference, acceptable to the Engineer, per Subsection 6- 1 of the Standard Specifications and Subsection 2.6.8 of these Special Provisions. 154
54 13. Submittal of detailed Preliminary Construction Schedule for the Engineer’s approval w ithin s even (7) calendar days after the commencement date specified in the Notice to Proceed.

14. Submittal of an As-Planned Construction Schedule, embodying all corrections required by t he Engineer, within thi rty (30) c alendar days of the date of the Notice to Proceed. No payment for mobilization can be made until this has been approved and submitted.
1 5. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all s pecified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine per the Special Provisions.
1 6. Providing on- site communication faci lities for the City and the Engineer, including telephones, radio pagers, and a FAX machine.

I
n addition t o the r equirements specified above, all submittals shall conform to the applicable requirements of the Standard Specifications.

N
o payment for any of the listed mobilization work items will be made until all of the listed items have been completed to th e satisfaction of the Engineer. The aforementioned amount will be withheld by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such withholding of money for failure to complete all such mobilization items as a lump sum item shall be in addition to the retention of any payments pursuant to the provisions of the Public Contract Code.

2.7.2 .2 Demobilization - Measurement for payment for Dem obilization will be based upon completion of such wor k as a lump sum, non-proratable pay i tem, and shal l require completion of all of the Demobilization items listed herein.

P
ayment for Demobilization will be made at the lump sum allowance named in the Bid Schedule(s) under the Bid Ite m, “Demobilization,” w hich price shall constitute full compensation for all such work. Payment for Demobilization will be made in the form of a single, lump sum, non -proratable payment, no part of which will be approved for payment under the Agreement until all Demobilization items listed herein have been completed as specifi ed. The scope of the work includ ed under the Bid Item, “Demobilization” shall include but not be limited to the following principal items:

1. P
rovide and submit to the City a detailed written summary of the actual quantities of each bid item.

2. C
omplete clean up and remediation of all storage and staging sites.

3. C
omplete clean up and remediation, if required, of all haul routes utilized by Contractor’s vehicles.
155
55 4. C
omply with all terms of the Construction Permit.

5. Submit complete “AS-BUILT” plans.

6. C
omplete the project punch list.

2.7.2 .3 Sheeting, Shoring, and Bracing or Equivalent Method. - Measurement for payment for temporary sheeting, shoring, and bracing, or equivalent method, will be based up on the completion o f all p lanning, de sign, engineering, furnishing, and construction, and the removal and disposal of all such temporary sheeting, shoring, and bracing as a lump sum item, complete, as re quired under the provisions of any permits and in accordance with the requirements of OSHA and the Construction Safety Orders of the Sta te of California, pursuant to the provisions of Section 6707 of the California Labor Code.

Payment for temporary sheeting, shoring, and bracing, or equivalent method, will be made at the lump sum price named in the Bid Schedule(s) under the Item, “Sheeting, Shoring, and Bracing, or Equivalent Method”, which price shall constitute full compensation for completion of all such work as required hereunder.
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56 SECTION 2.8 -- FACILITIES FOR AGENCY PERSONNEL
(

NOT REQUIRED)
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57 SECTION 2.9 - CONSTRUCTION DETAILS (MATERIALS AND METHODS)

TABLE OF CONTENTS
2 .9.1 General

2.9.2 C onstruction Materials

2.9.3 Construction Methods
______________________________________________________________________

2.9.1 GENERAL
S
ection 2.10, “Construction Details”, includes only technical provisions that add, delete, or revise that which is already covered in the Standard Specifications, or exercises a choice that is offered in the Standard Sp ecifications, or adds subjects not covered in t he Standard Specifications.

2.9.2 CONSTRUCTION MATERIALS

2.9.3 CONSTRUCTION METHODS
- END O

F SECTION -
158
58 CITY OF LYNWOOD
P

UBLIC WORKS DEPARTMENT
_ ________________________________
PART 3 – TECHNICAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

IN THE CITY OF LYNWOOD
159
59 CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

TECHNICAL PROVISIONS
All Bid Items shall be in a ccordance with the Greenbook Standard Specifications for Public Works Construction (SSPWC) and Standard Plans for Public Works Construction (SPPWC), Latest Edition including suppleme nts, State of California Caltra ns Standard Plans and Specifications, Lat est Edition, and the Special Provisions and Ge neral Conditions of these specifications.

Bid Item No. 1 – Mobilization/Demobilization (Not to exceed 3% of total of all other Prime Contract Bid Items)
Mobilization shall co nform t o t he provisions of S ections 7- 3.4 of t he Standard Specifications.

Mobilization and demobilization shall consist of preparatory work and op erations including, but not limited to, those nec essary for the move ment of personnel, equipment, materials, and incidentals to the project s ite necessary for work on the project and for all other work and operations which must be perform ed or costs incurred including bonds, insurance, and financing prior to beginning wor k on the various contract items on the project site. Mobilization shall als o include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s person nel to keep the co nstruction site in a safe condition, and all other related work as required at all times and for all non- working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and m aterials. Demobilization includes removal of all equipment and materials from the site, clean up and restoration of the work site at the end of project.

No additional amounts shall be paid for erosion contr ol, Best M anagement Practices (BMP), erosion damage clean-up, and r emoval of debri s from the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.

Best Management Practices (BM P) s hall be defined as any program, t echnology, process, citing criteria, operating method, measure, or device, which controls, prevents, removes, or reduce pollution.

The Contractor shall have a minimum of two readily accessible copies of each publication on the Contract site at all times plus any copies of applicable environm ental mitigation plans.
160
60 A
dditional BM Ps may be required as a result of a change in actual f ield conditions, Contractor activities, or construction operation. When more than one BMP is listed under each s pecific BM P category, the Contractor shall select t he appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.

B
MPs for Contractor activities shall be continuously implemented throughout the year and project t ime period. BMPs for erosion control and sedimen tation shall be implemented during the period from October 15 to April 15, and whenever the Na tional Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be i mplemented prior to the commence ment of any Contr actor activity or construction operation, which may produce run-off, and whenever run-off from other sources may occur.

T
he Agency (City), as a permittee theret o, is subject to enfor cement actions by the State Water Resources Control Board, Environmental P rotection Agency , and pr ivate citizens. The Agency will pass through to the Contractor any penalty assessed by these entities for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in no ncompliance with t hese provisions.

In addition, the Agency will deduct, from the final paym ent due the Contractor, the total amount of any fines levied on the Agency, plus legal and staff costs, as a resu lt of the Contractor’s lack of compliance with thes e provisions and /or less than c omplete implementation of the specified BMPs.

P
ayment for Mobilization/Demobilization shall be included in the Lump Sum (LS) Price bid and shall be considered full compensat ion for obtaining all business l icenses and permits, as required for the entire pr oject, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of L ynwood; and complying with the requirements s pecified in those licenses and p ermits; coordination, field office facility, imple mentation of Best Management Practices, and incidentals necessary to perform all related items of work. Progress payments for this bid item shall be paid for in accordance w ith the completion percentage of the project to the Contractor and shall include the cost of such mobilization administration during the entire contract period and demobilization. No additional compensation will be allowed therefor. The sum total of this Bid Item shall not exceed 3% of the total of all other Bid Items.

Bid Item No. 2 – Traffic Control
T
raffic control, Traffic control plan, construction signing and traffic maintenance s hall comply with the provisions of Subsection 5-7 , 600 and 601 of the Standard Specification, Subsection 56-2 of the C altrans Standard Specifications, and the current requirements set forth in the “Manual of Tr affic Controls for Construction and Maintenance Work Zones” published by the Department of T ransportation, State of California, and latest California Manual on Unif orm Traffic Control Device s ( CA- MUTCD), the traffic control plans and these Special Provisions. 161
61 The Contractor shall maintain the following clearances from the edge of traffic lanes:
1) 5 f
eet to any excavation,
2) 2 feet to curbs or temporary concrete barriers,
3) 10 feet to poles and other obstructions on uncurbed roadways.

I
f determined by the City Engineer that it is necessary to decrease these minimum distances to allow for t he pr osecution of the w ork, the C ontractor shall provide all protective devices required by the City Engineer to adequately protect the public.

PUBLIC CONVENIENCE
A
t least ten (10) calendar days prior to commencing paving work, the Contractor shall submit a pavement spreading schedule to the City for approval. Based on the pavement spreading schedule, the Contractor is to notify residents and businesses of the pr oposed work and post temporary “NO PARKING” signs at no cost to the Ci ty.

Signs shall be posted at all intersections, and on each side of the stre et a maximum of 200 feet between si gns. Si gns shall not be attached to existing poles, street light standards or trees. All signs must be posted on delineators or stakes provide d by the Contractor. The “ NO PARKING” signs shall be in place not less than seventy two (72) hours prior to per forming the work; therefore a request for changes in the schedule requiring additional posting shall be submitted by the Contractor for approval by the City Engineer at le ast seventy -two (7 2) hours prior to reconstruction and overlaying t he street. All conflicting parking signage shall be covered.

D
ue the nature of this projec t involving major inconvenience to residents and businesses, a good Public Relations Program is mandatory and evidence of satisfactory past performance in this area will be required.

T
he Contractor is to distribute a minimum of two (2) “Public Notice” to each resident and business affected by the project. The first notice shall be distributed t en (10) calendar days p rior to th e start of any work. The second notice shall be distribute d at l east seventy two (72) hours (3 working days) prior to the start of work. A sample copy of the notice must be approved by the City Engineer. Said notice shall be attached to a red information hanger provided by the Contractor and h ung on the front door knob and/ or gate. The Contractor shall also coordinate with the bus services to ensure the safe operation of buses and access to bus stops in the construction area.

T
he Contractor s hall also coordinate with the tr ash disposal and postal services agencies to ensure the safe operation of their vehicle and access in the const ruction area. Notices shall be in English and Spanish language.

A
ll complaints received by the City associated w ith the co nstruction project all eging damage to private property and vehicles shall be responded to by the Contractor within one working day (24) hours of notification. Failure to comply with this provision may result in a penalty of One Hundred dollars ($100.00) per occurrence. 162
62 All trucks, which the C ontractor proposes to use, that exceed the legal load limit when loaded will be required to ha ve overweight permits issued by the City for which there is a fee.

T
he Contractor shall be responsible for adequ ate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Subsection 7- 10 of the General Provisions

PROTECTION OF WORK AND PUBLIC
T
he Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the wor k. The Contractor shall r epair all damaged pavement as a result of damage (i.e., vehicle tr acks, footprints, graffiti, etc.) If deemed necessary by the City, th e Contractor shall repair t he defective area in accordance with these special provisions.

CONSTRUCTION SIGNING
C
onstruction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the “Manual of Traffic Contr ols f or Construction and M aintenance Work Zones”. The traffic control system shall be installed on a road prior to starting work for that road and shall not be rem oved until all work has been completed on that road. Existing speed l imit signs, which conf lict with the work zone speed limit, shall be covered during the entire construction period.

TRAFFIC MAINTENANCE
T
he Contractor shall be responsible for handling v ehicular and pedestrian traffic in accordance with Subsection 601 of the Standard Specific ations and these Special Provisions.

T
he Contractor shall prepare all necessary traffic control plans and submit to the City for approval at the pre-construction meeting. The traffic control plans shall be prepared by a Traffic Engineer Licensed in the State of California and shall show:

1. N
otification Signs.

2. Existing and temporary lane lines.

3. Dimensions of the work zone and street improvements.

4. Advance warning signs.

5. Delineators
T
he plans shall be submitted t o the City no later than the Pre-Construction meeting and shall incorporate a complete and separate plan for each stage of construction proposed by the Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for each phase. The traffic contr ol plans shall indicat e the travel plan for each phase of construction. The traffic control plans shall state:
163
63 1. That the plan will conform to the “California Manual on Uniform Traffic Control Devices (CA-MUTCD)” Latest Edition.

2. Emergency contact person and phone number.

3. Minimum lane widths and minimum clearance to obstructions.

The
traffic control p lan shall be rev iewed an d accep ted by the City Engineer prior to beginning any removals.

The C
ontractor shall cooperate with the City Engineer relative to handling traffic through all wo rk areas and shall make his own arrangements relat ive to keeping the working area clear of parked vehicles and maintaining clear access to driveways.

T
he Cont ractor shall furnish and install construction notification signs as shown on traffic control plans and as specified by the City of Lynwood.

T
he Contractor shall pro vide for control led pedestrian crossings through the work.

Crossings shall provide pedest rians a means of passing over or through the w ork without tracking tack coat or hot asphalt on ex isting concrete wo rk or enda ngering pedestrian safety. At intersections, if a cross r oad needs to be temporarily closed when work is in progress through the intersection and the anticipated traffic delay is more than five (5) minutes, a detour sign shall be installed on the cross street and shall include the installation of advance signing displaying the anticipated delay time. The signing of the detour route s hall be approved by the City Engineer prior to installation of the det our and closure of the road.

T
he Contractor sha ll provide for one lane of t ravel in each direct ion at all times unless approved by the City Engineer. When two- way traffic is restricted to one lane in each direction, and when apply ing an overlay past intersecting roads, traffi c sha ll be controlled as r equired by the “Manual of Tr affic Controls for C onstruction and Maintenance Work Zones”. A pilot car and driver will be required at various locations if control by flaggers and/or control devices proves deficient in the opinion of the City Engineer. In n o case shall the Contractor provide less than one (1) lane of tr avel in each direction through the construction zone including cross -streets, except if an alternative plan is approved by the City Engineer.

Cont
ractor’s equipment and personal vehicles of the Contractor’s employees sh all not be parked on the traveled way at any time. Overnight parking of construction equipment shall be confined to an approved storage site selected by the Contractor and approved by the City.

TEMPORARY GUIDE MARKERS
Te
mporary guide markers shall be po rtable Caltrans, Standard Specifications approved delineators. Only one type of temporary guide marker shall be used on any road at any one time.

T
emporary guide markers shall be placed adjacent to t he ed ge of all vertical lips or 164
64 excavations that exceed 1 inch. If the te mporary guide mark ers are damaged, or are not in an up- right position, from any cause, sai d markers should immediately be replaced or restored to their original locations, in an upright position by the Contractor.

PORTABLE DELINEATORS
T
he vertical portion of the portable delineators shall be brilliant orange or predominantly orange in color. The posts shall be not less than 100 square inches, measured through the vertical axis of the delineator, normal to the roadway. The minim um height shall be thirty-seven (37) inches above the traveled way.

T
wo 4-inch nominal width reflective bands shal l be mounted a minimum of 1 ½ inches apart and at a height on the post so that one reflectiv e band will be between 2.5 feet and 3 feet above the roadway surface.

R
eflective bands shall be flexible vinyl plastic, either white or yellow, and shall have not less than the following dry reflective values at a 0.2 degree divergence angle, expressed I units if candlepower per f oot-candle per square f oot. The wet reflectiv e values shall not be less than ninety percent (90%) of the dry values.

Dry Reflective Value
Angle of Incidence 4º 5º 30º
W hite 250 165 50
Yellow 10 110 50
A
ll tes ts for reflective values shall be performed in accordance with Test Method N o.

Calif. 642.

T
he portable delineators shall be spaced as necessary for proper delineati on; however, in no case shall the spacing between porta ble delineators exc eed thirty (30) fe et on tangents or twenty (20) feet on curves.

FLUORESCENT TRAFFIC CONES
P
rovide lighted flashers and lighting for night time. Fluorescent traffic cones shall be new or reconditioned and of good commercial quality, f lexible material suitable for the purpose intended. The outer section of the portion above the base of the c one shall be highly pigmented fluorescent orange polyvinyl compound. The cone shall be anchored in a manner such that the traffic cone will remain in an upright position.

T
he fluor escent t raffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent cones exceed thirty (30) feet on tangents or twenty (20) feet on curves.
165
65 STRIPING
Tem
porary striping and marking for tr affic control shall conform to Section 310- 5.6.5 of the Standard Specifications. Temporary striping and marking which has no further use shall be removed by wet sandblast ing, and all sand use d in sa ndblasting shall be removed without delay as the sandblasting operation progresses.

RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES
T
he Contractor shall conduct all operations so as to provide access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public.

T
he C ontractor shall construct temporary A.C. ramps or equal to provide saf e and drivable access to residents and business properties daily. If steel pl ates are required, they shall be provided by the Contractor at no additional cost to the City.

T
he Contractor shall coordinate all shipments and deliveries to businesses.

T
he Contractor shall be respons ible for furnishing, placing and maintaining barri cades and lights as necessary to protect the public from danger due to the work being done.

N
o additional am ounts shall be paid for erosion control, erosi on damage clean-up, and removal of debris from the project site, NPDE S r equirements, or removal of soil deposited on public streets by construction traffic.

P
ayment for Traffic Control shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for providing and maintaining safe traffic contr ol including all temporary signs , striping and deli neation, prepari ng and providin g traffic control plan during the project, obtaining all approvals and permits, as required, from all related agencies, including, but not limited to, public agencies and the City of Lynwood; and complying with the requirem ents specified in th ose li censes and permits, coordination, field office facility; and incidentals necessary to perform all related items of work.

Bid Item No. 3 – Cold Mill Existing AC Pavement (2” Deep) The
follo wing is applicable for all cold milling . Cold millin g sha ll conform to t he provisions of Section 404 of the Standard Specifications for Public Works Construction.

The C ontractor shall cold mill existing a sphalt concrete (AC ) pav ement to the depth required for the placement of new pavement as sh own on the Pl ans and as directed in the field by the Engineer. All work shall be compl eted i n accordance with lines and grades, and typica l cros s-sections shown on the drawings. Any extra c old mi lling beyond the shown limits shall be at the Contractor’s expense.

A
ll existing asphalt concrete (AC) pavement to join new construction shall be sawcut in a straight lin e. Contractor shall exercise due caution to avoid an y damage to e xisting 166
66 improvements, protecting in-place of exist ing water mains, sewers, storm dr ains, meters, valve covers, wall, fences, curbs, fire hydrants, telephone and power poles, and other existing structures.

It i s the
Con tractor’s respon sibility to perform whatever additi onal exploration i s necessary to avo id causing any damage to the ex isting u tilities u nder the work a rea.

Any damage done by the Contractor shall be repai red or r eplace as called out in Section 40 2 o f the Standard Specifications f or Public Wor ks Constr uction at t he Contractor’s expense.

T
his work shall consist of cutting existing asphalt concrete (AC) pavement to facilitate its removal. Any sawcutting shal l be a ccomplished by the use of a power -driven saw t o provide a clean, strai ght break wit hout loos ening, crac king, or dam aging adjo ining asphalt or concrete. A clean sawcut edge shall be maintained until surface course AC is constructed. Under this item, t he use o f a grinder will not be allowed in lieu of power- driven saw.

Du
ring the cold mil ling oper ation, the Contractor s hall remov e all lo osened materials from milled areas, haul away and dispose of them at a legal site and submit evidence of the proper disposal to the City of Lynwood. The Contractor shall abate dust nuisance by cleaning, sweeping, and spr inkling with recyc led water (if available) or other means as necessary.

Any
petromat found during grinding shall be removed by scraping and by burni ng it with a torch.

The C
ontractor shall be responsible to assume the cost of r emoving, hauling, recycling and any other inc idental of any petromat found during grinding opera tion a nd no adjustment o n the Bid price shall be made. Also, The Contractor shal l remove all asphalt residuals along existing gutter.

Crack Sealing
Afte
r the completion of the col d milling oper ation, ¼” wide cracks and larger shall be cleaned by hot air blowing to provide intact bonding surfaces which are free of m oisture and debris. After the cracks have been properly cleaned, they shall be sprayed with an approved soil sterilant, and then fil led with SS-1H asphaltic emulsion and sanded.

Cracks and pop- outs larger than 1” wide shall be sealed with a D2- SC-800 stockpile mix. Crack sealing shall be paid under a separate bid item (Bid Item No. 5).

P
ayment for Cold Milling of Existing Asphalt Concrete (AC) Pavement shall be paid for at the price bid per Square Foot (SF) and shall be considered full compensation for furnishing labor, materials, e quipment, sawcutting, removals, hauling and disposal of asphalt concrete materials excavated or grinded, grade for the base, compaction and no additional compensation will be allowed therefore. Payment for the removal of Petromat fabric material shall be included in this bid item of w ork and no additional compensation will be allowed.
167
67 Bid Item No. 4 – Construct 2” Thick AC (C2-PG 64-10) Th
is Bid Item sha ll include all labor, mater ial an d equip ment required to c onstruct asphalt concrete. AC, as shown on the plans and as specified in Section 203- 1 of the Standard Specifications for Public Works Construction and shall con form to the following:

The Co
ntractor shall submit a copy of the asphalt concrete mix design.

A
ll work shall conform to Section 302-5 of the “Standard Specifications for Public Works Construction” and these Special Provisions.

A
ll materials are subject to testing under separate Bid Item.

Tack co
at sh all be Grade SS-1 H, p er S ection 302- 5.4 and shall be applied to the perimeter of all AC removal and replacement locations and cold mill ing locations. (All tack coat overspray on gutter lip shall be removed.)
The C
ontractor shall use a PG Asphalt Binder.

PG
Asphalt binder shall conform to the following requirements:

1. Description
Aspha
lt shall consi st of refined pet roleum or a mix ture of r efined liquid asphalt and refined solid asphalt, prepared from crude petroleum. Asphalt shall be:

A. Free f rom residues cau sed by t he artifi cial distillation of coal, coal tar, o r paraffin.

B. Free from water.

C. Homogeneous.

2. M
aterials
A
. General
The
Contractor sh all furn ish as phalt in conformance with t he State o f Califo rnia Department of Transportation (Caltrans) “Certification Program for Suppliers of Asphalt.” Caltrans maintains the p rogram requirements, pr ocedures, a nd a list of ap proved suppliers can be obtained from (Caltrans).

The C
ontractor sh all ensure the saf e tra nsportation, storage, use , a nd disposal o f asphalt. The Co ntractor shall prevent the formati on of carbonized particles caused by overheating asphalt during manufacturing or construction.

B. Grad
es
168
68 Performance gr aded (PG) asphalt bind er shal l be PG 64- 10 and conf orm to the following:

P
erformance Graded Asphalt Binder
P
roperty
AASHTO
Test
Method
Specification
Grade
PG
58-22 a
PG
64-
10 PG
64-16
PG
64-28
PG
70-10
Original Binder
Flash Point, Minimum ºC T48 230 230 230 230 230
Solubility, Minimum % b T44 99 99 99 99 99
Viscosity at 135ºC, c
Maximum, Pa’s
T316

3.0 3.0 3.0 3.0 3.0
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*/sin(delta), kPa
T315
58 1.00
64 1.00
64 1.00
64 1.00
70 1.00
RTFO Test e,
Mass Loss, Maximum, %
T240

1.00 1.00 1.00 1.00 1.00
RTFO Test Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*/sin(delta), kPa
T315
58 2.20
64 2.20
64 2.20
64 2.20
70 2.20
Ductility at 25ºC
Minimum, cm
T51
75 75 75 75 75
PAV f Aging,
Temperature, ºC
R28
100 100 100 100 100
N
otes:
a. Recommended as asphalt rubber base stock for high mountain and high desert area. b. T he Engineer m ay waive this specification if the suppli er is a Quality Su pplier a s defi ned by t he Caltr ans’ “Certification Program for Suppliers of Asphalt.”
c. The Enginee r m ay waive this s pecification if the supplier certifies the asphalt binder can be adequately pumped and mixed at temperatures meeting applicable safety standards. d. The sample will be t ested at 3ºC higher if it fails at the specified test temperature. G*sin(delta) shall remain 5000 kPa maximum.
e. “RTFO Test” means the a sphaltic r esidue o btained using the R olling Thin Fi lm Oven Test, AASHT O T est Method T240 or ASTM Designation: D 2827.

RTFO Test and PAV Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*sin(delta), kPa
T315
22 d
5000
31 d
5000
28 d
5000
22 d
5000
34 d
5000
Creep Stiffness,
Test Temperature, ºC
Maximum S-value, MPa
Minimum M-value
T313
-12
300

0.300
0 300

0.300
-6
300

0.300
-18
300

0.300
0 300

0.300
169
69 f. “PAV” means Pressurized Aging Vessel.

C. Sampling
T
he Contractor ’s asphalt supplier s hall provide a s ampling d evice in the asphalt fe ed line co nnecting the plant storage tanks t o t he as phalt weighing sys tem or spr ay bar.

The sampling device shall be acc essible between 600 and 750 mm (30 inches) above the platform. The supplier shall provide a receptacle for flushing the sampling device.

Th
e sampling device shall include a valve:
1) Wi
th a diameter between 10 and 20 mm.
2) Manufactured in a manner that a one-liter sample may b e taken slowly at any time during plant operations.
3) Maintained in good condition.

The C
ontractor’s supplier shall replace failed valves.

I
n th e pres ence of the City Engineer, the Contractor’s s upplier shall take 2 o ne-liter samples per operat ing day. Round friction top containers with one-l iter capacity for storing samples shall be provided.

D. A
pplying Asphalt
Unle
ss otherwise specified, the Contractor shall heat and apply asphalt in conformance with the provisions in Caltrans Standard Specifications Section 93, “Liquid Asphalts.” T
he Contractor shall apply paving asphalt at a temperature between 120ºC an d 190ºC.

The City Engineer will determine the exact temperature of paving asphalt.

Su
bgrade preparation shall conform to Section 301-1 of the Standard Specifications for sections containing no aggregate base. After removal of the existing pavement section to the d epths r equired to place the new A C s ection, re -compaction o f the exis ting subgrade, if non-AC or non-PC, will be required to 95 perc ent in conformance with the requirements se t forth in Section 301 -1.3 of t he Stan dard S pecifications for Public Works Construction.

A
t all lo cations where new asphalt conc rete pavement is join ing exis ting asphalt pavement, the Contractor shall Sawcu t or cold mill/grind existing pavement to provide straight neat lin es and p lace the new asphalt concret e to form a smo oth tran sition.

Payment for Sawcut ting/grinding and removing the existing pavement shall be included in a separate Bid Item.

T
he Contractor shall be responsible for maintaining location of, and access to, all water line gate valves during construction operations.

Initial
or br eakdown compaction shall c onsist o f a minimum of three roller p asses coverage of a layer of asphalt mixture. A pass shall be a movement of a roller in both 170
70 directions over the same path. Coverage shall be as many passes as are necessary to cover t he en tire w idth being pav ed. Over lap bet ween passes during any covera ge made to insure compaction without displacement of material in accordance with good rolling practice shall be considered a part of the coverage being made and not a p art of a sub sequent cov erage. Each c overage sh all be completed before subsequent coverage is started. Pneumatic rollers shall not be used without prior approval of the City Engineer. T he top AC layer of each lane, once com menced, shall be placed without interruption.

3. Me
asurement
T
he quanti ties of the asph alt concret e t o be pa id for w ill b e m easured b y t he actual tonnage (ton) of material and no additional compensation will be all owed therefor. The Contractor shall furnish to the City Engineer at the time of delivery of the material on the job site a legible copy of a Licensed Weighmaster’s Certificate showing gross, tare, and net weights of each truckload of asphalt concrete mixture.

T
he City will not compensate the Contractor for any additional costs incurred by change or lack of availability of asphalt binders or variation of oil pipes.

Tem
porary asphalt concrete work where required by the City Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed.

Tack Coat (Not a Bid item)
E
xisting concrete gutter and cur b faces shall be p rotected against disfigurement from the asphalt. Re sidue of the m aterial shall be re moved from gutter and curb faces by sandblasting to the extent required by the Engineer.

The t
ack coat s hall be applied as specified in Subsection 302-5 .4 of the Sta ndard Specifications a nd these Special Provisions. The Engineer will d etermine if the pavement is sufficiently dry for th e application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40 degrees F in the shade.

No
separate measurement and payment will be made for tack coat.

P
ayment for Construct 2” Thick AC (C2-PG 64-10) shall conform to the provis ions of Subsection 302-5.9 of the S tandard Specifications for Public Works Construction. All the requir ements stated above shall be included in the uni t pr ice bid per TON. The contract unit price p er ton shall include ful l compensation for all s urface prepara tion furnishing all labor, materia ls, tools, equipment, r emovals, dis posal, c ertified weigh tickets, and incidentals and for doing all the work involved, including furnishing, applying and cleaning up excess rock dust blotter. The City will n ot compensate the Contractor for a ny additional costs i ncurred by change or l ack of a vailability of asphalt bind ers.

Temporary surface work where required by the City Engineer for traffic control or other 171
71 purposes sh all be considered included in t he price bid for Tr affic C ontrol a nd no additional compensation will be allowed.

Bi
d Item No. 5 – Pl ac e Slurry Seal Type II with 3% Latex SECTION 203-5 – EMULSION-AGGREGATE SLURRY
203
-5.2 Materials
M
aterials shall conform to Subsection 203-5 of the Standard Specifications, except as modified herein. Em ulsion – a ggregate slurry shall be Type II, unles s otherwise indicated on the plans or in these specifications. The amount and type of accel erator used shall be approved by the Engineer.

E
mulsified asphalt shall be CQS-1h
P
rior to a change of emulsion, Contractor shall thoroughly clean all emulsion t anks and mixing units to prevent any chemical reaction between the two applications.

C
ontractor shall schedule and coordinate the deliver y of aggregat e to the st ockpile(s) such that: (1) d eliveries originate at the plant and arrive at the stockpile site w ithin normal work ho urs on the same calendar day, (2) delivery site and project name are explicitly state on each delivery ticket, (3) suc cessive deliveries on the same calendar day show the cumulative total for that day, (4) copies of all delivery tickets are delivered to the Engineer before the end of the working day, w hereas any delivery tickets not so delivered may be rejected be the Engineer. Any deviation from this process must h ave the prior approval of the Engineer.
203
-5.6 Test Reports and Cert ification. A cert ification of material compliance shall be provided at least 48 hours prior to delivery of emulsion to the project.

Te
sting shall be accomplishe d by an accredited mat erials testing laboratory approved by the Engineer and paid for by the C ontractor. Tests perfor med shall provide values corresponding to all parameters set forth i n the table of requirements for the materials specified.

SECTION 302 – ROADWAY SURFACING
302
-4 EMULSION – SLURRY SEAL SURFACING
302
-4.2 Mixing
302
-4.2 General. Transit mix trucks shall not be used.

C
ontractor shall arrange with the City for a ppropriate areas for stockpiling and batching.

The stockpile areas shall be thoroughly cleaned, removing all exces s material and all material cont aminated by spill ed oil, and left w ith a neat , ord erly appearance upon 172
72 completion of slurry operations in that area.

A
ll trucks which the Contractor proposes to use t hat exceed the legal load limit will b e required to have overweight permits from the Agency.

P
rior to th e beginning of slurry operat ions, Contractor shall furnish, at no cost to the Agency, a curr ent licensed weigh master’s certificate indicating the net weight capacity of the aggregate bin.

C
ontractor shall supply the Engineer with licensed weigh master’s certificates of weights for all a ggregate delivered to the job during the course of each day . Aggregate so certified as being delivered f or u se in the contract shall be used only in the sl urry mixture for t his contract. Contr actor shall also present weigh master’s certificates for the amount of such aggregate remaining unused at the completion of the contract at no cost to the Agency. Pay ment shall be determined by deducting the amount of unused aggregate from the total amount of aggregate delivered, all as shown on the l icensed weigh master’s certificates. The certificates shall be presented to the Engineer on the same day the aggregate is delivered.

W
ater (excluding that water in the emulsified asphalt) shall be added at a rate of from 5 to 10 percent by weight of dry aggregate to ensure proper dispersion of the emulsifi ed asphalt and proper w orkability, while (1) avoiding excess water whic h would allow separation and settlement of the aggregate, (2) avoiding insufficient w ater which would result in ba lling and coagulat ion in the mixer, and (3) permitting uncontrolled vehicular traffic as spe cified herein. The exact rate will be determi ned by the Contractor based upon field conditions subject to approval of the Engineer. 302
-4.5 Continuous-Flow Mixers . The mixing unit shall b e equipped with a fines feeder for addition of accelerator.

T
he spreader box shall be equipped with a suitable drag to erase ridges. A minimum 2- foot length of b urlap material shall be attached to the entire wid th of the drag. Th e spreader box shall be equipped with a steering device.

T
he slurry spreader box shall be maintained in a good state of repair at all t imes. The spreader box main strike off squeegee (rubber) shall be new a t the beginning of the contract and shall be maintained in a good state of repair throughout the contract.

E
quipment shall be available f or inspection before the beginning of the cont ract and again before work is to be accomplished.
302
-4.5 Application
302
-4.5.1 General. The first paragraph of Subse ction 302-4.5.1 of the S tandard Specifications is hereby deleted and replaced with the following:

T
he work shall consist of preparation, mixing asphaltic emulsion, aggregate, accelerator 173
73 and water, and spreading the mixture on the pavement where shown on the plans.

Ty
pe II slurry shall be applied at an approximate rate of 1,250 square feet per extra long ton.

A
ctual spread rates shall be approved by the Engineer.
302
-4.5.1 Prepa ration. Prior to appli cation of the sl urry, all cracks ¼ inch wide or greater shall be cl eaned by blowing out debris with high pressure compressed air and the surr ounding area shall be swept the same day. See following Se ction on Cr ack Sealing.

A
ll isolated holes and spalls grea ter tha n 12 inch in width shall be skin patche d and filled with AC F-AR-4000 compacted flush with existing surface.

P
reparation shall incl ude protection of pavement markers, manhole and valve cov ers, trimming of interfering trees, sh rubbery and ground growth, r emoving trimmed vegetation, controlling n uisance water, a nd sweeping. Immediately prior to slurry application, the surface shall be cleaned of dust, dirt and other foreign material.

C
ontractor shall protect existing raised pavement markers, vault covers, manholes, valve box covers by means approved by the Agency prior to the commencement of any slurry application.

S
lurry on each st reet should be spread from projection of curb/gutter line of crossing street.

S
lurry shall not be applied over any manhole, valv e, survey monument, or miscellaneous frames and cov ers. Any material used to protect such devices s hall be removed and disposed of lawfully by the Contractor.
302
-4.5 Spreading The first sentence of Subsection 302-4.5.2 is hereby deleted and replaced with the following:

S
lurry seal sh all be placed only w hen the ambie nt temperature is above 50 degrees Fahrenheit and rising and the weather and air is dry. No slurry shall be placed during inclement weather or the threat of. Contractor will bear the responsibility of cancellation of work on these days and will be responsible for any damages which may arise from non-cancellation. The Contractor will be responsible for mak ing corrective measures as necessary for removing and replacing any sealed surface that does not cure s ufficiently within five days to pre vent tire track ing. The weather and air of the day prior to beginning of slurrying shall have been dry and above 50 degrees Fahrenheit.

E
ach slurry crew shall be co mposed of a coordinator at the project site at all time s, a competent quick-set mixing per son, a competent driver, and sufficient laborers for any handwork and cleanup.
174
74 Prior to commencement of work, Contrac tor shall perform test sections for review and approval by the Engineer . The area of the test sections shall be at leas t 5,000 square feet. The section locations shall be in the area of the work, to be specified prior to construction. In no case will the Contractor begin operations until the test sections have adequately cured and he has received written approval by the Engineer. The approved mix design and test section shall be considered the standards for the operation.

N
o slurry seal shall be placed o n a wet street or crossi ng without the Engineer’s consent.

I
n areas with existing asphalt berms, the slurry application shall include the entire berm.

I
ntersections and commercial driveways shall be completed in two parts to allow ingress and egress to traffic. Sand may be spread over the fresh slurry only with the permission of the Engineer.

T
he cost of cleanup and/or damage caused by vehicles tracking through the slurry seal will be born solely by the Contractor.

A
ll slurried streets shall be swept by power broom six (6) days after spreading. 302
-4.5.5 Public Convenience and Traffic Control. The spreading schedule shall list the street segments in order of proposed application and denote which segments are to be completed each day.

T
he first paragraph of Subsection 302 -4.5.5 of the Standards Specifications is hereby deleted and replaced with the following:

A
t le ast 7 -working days p rior t o comme ncing work, the Contractor shall sub mit this slurrying sche dule to the Engineer for approval. This schedul e shall allow ample on- street parking within a re asonable distance fro m homes and bus inesses for people affected by the slurry work on the streets. Requests for changes in the schedule shall be submitted by the Contractor to the Engineer for approval at least 48 hours (2 working days) prior to the scheduled slurry of the streets involved.

T
emporary “No Parking” signs s hall be posted at le ast 48 hours, but no more than 72 hours, in advance of the work. The si gns shall be placed no more than 240 feet apar t on each side of the street and at shorter interva ls if conditions warrant. T he Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to t he signs, removal of the signs, and furnishing and placing of barricades, if necessary, for posting of the signs. All signs shall be removed within 48 hours after the effective date. No signs shall be at tached to trees, buildings, boxes, etc. in the right- of- way. Temporary traffic cone posts shall be used.

F
ailure of th e Contractor to meet and complete his daily sc hedule due to conditions under his control once a street has been posted and the aforesaid time provisions for changes in the schedule have elapsed will result in d amages being sustained by the 175
75 Agency. Such da mages are, and will continue to be, impractical and extremely difficult to dete rmine. For each day the Contractor fai ls to meet and com plete th e sched ule after posting and after the aforesaid time provisions f or changes in the schedule have elapsed, the Contractor shall pay to the Agency, or have withheld monies due to him the sum of two hundred fifty dollars ($250) as liquidated damages for each calendar day.

I
n addition, the Contractor shall hand deliver a public notice to all adjacent residents and businesses affected by the work at least 48 hours (2 working days) in advan ce of t he application of slurry.

C
ontractor s hall provide barri cades and other traffic control devices as necessar y to eliminate traffic on areas of fresh slurry that might sustain damage from such traffic.

W
henever striping is obliterated, temporary reflective raised pavement markers shall be placed prior to the end of the working day that the striping is obliterated. The minimum striping delineation to be provided shall be temporar y reflective raised pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary reflective raised pavemen t markers shall be double yellow for the centerline and white for the lane line.

T
emporary reflective raised pavement m arkers shall be placed in accordance with the manufacturer’s instructions and shall be cemented to the surfacing with th e adhesive recommended by the manufacturer, except epoxy adhesive which shall not be used. 302
-4.10 Measurement and Payment. The second paragraph of Subsection 302-4.10 of the Standard Specifications is hereby deleted and replaced with the following:

The c
ontract unit price per Extr a Long Ton (ELT) shall include full com pensation for furnishing and installing emulsion polymer as specif ied, accelera tor or reta rdant and water, and all pr eparation, traffic co ntrol, temporary striping del ineation, rubber ti re rolling where specified, and other incidentals described in the work and no additional compensation shall be allowed thereof.

Bid Item No. 6 – Install Crack Seal and Spray Weed Killer C
rack Sealing
Ad
d the following section:

Cracks to be repaired shall include longitudinal and t ransverse cracks and/or combination thereof and shall include cracks equal to ¼ inch and greater wide.

The c
ontractor shall spray all cracks to be sea led with “Round Up” weed killer solution manufactured by Monsanto Company or approved equal; at the rate recommended by the manufacturer. The chemical solution shall be mixed with purple dye to facilitate inspection. Any crack without purple color showing after spraying, the Contractor shall be directed to spray these cracks again at no additional cost to the City. 176
76 S
even (7) calend ar days after chemical application, t he Contractor shall remove all weed and vege tation by mechanical mea ns using a ¼ inch wide rotating blade to ensure proper vegetation removal in narrow cracks.

A
ll cracks shall be routed. Those cracks that are ¼ inch to ½ inch wide shall be routed to a mi nimum of ½ inch wide and 1 inch deep. Thos e cracks greater than ½ in ch wide shall be cleaned and routed to a depth of a minimum of 1.5 inches.

Al
l routed material and foreign debr is shall be blown and/or removed from t he cracks using no less than a 175 cf m air compressor at 100 psi (with a specia l sand for blowing) to ensure cleanliness of asphalt walls.

M
oisture shall be re moved using a hot air lance accompanied b y no less th an a 175 cfm compre ssor producing an air st ream velocity of 3,000 ft/sec and hea ted air temperature of 295F with no direct flame.

T
he routed and cl eaned cracks shall be fille d with crack seala nt RS-1 or equal, by inserting a nozzle into the cr ack and filing i t from the bott om up, in such manner th at does not result in sealant bridgin g or entrapped air pockets. With larger cr acks settlement and temperature shrinkage may oc cur, thus requiring a s econd application to bring the material up to the surface. Immediat ely after sealant installation, the material shall be squeegeed with a “U” shaped squeegee, striking off excess materi al and providing a band -aid effect with the seal ant. Any excess sealant material shall be removed from asphalt surfaces and sealed cracks should be covered with sand.

M
easurement and Payment
P
ayment for weed k iller and crack sealing shall be at the contract Lump Sum price bid for this item of work. P ayment shall include all labor, material, equipment and incidental required to complete al l of the work as detailed above and no additional compensation shall be allowed thereof.

Bid Item No. 7 – Adjust Existing Storm Drai n/Sewer/Utility Manhole/Vault Frame and Cover to Finished Grade
T
his Bid Item shall in clude all labor, eq uipment and materi als to adjust existing sewer/storm drain/utility manhole/vault frames and covers within the project limits to match finished grade if required. The work shal l be p erformed in accordance with the provisions of Subsection 403- 3 of the St andard Specificati ons for Public Works Construction and per Standard Plans for Public Works Construction.

A
ll existing covers that can be lowered and raised shall be lowered pri or to cold milling/removal and adjusted to finished grade by the Contractor or by the Utility Owne r for the Contractor. For utility frames and covers under the jurisdiction of Verizon, AT&T, Edison, Los Angeles County Flood Cont rol Distric t, Los Angeles C ounty Sanitation Districts, a nd County Sewer Maintenance Dist ricts, the Contra ctor shall contact these 177
77 organizations to arrange for adjustment of their respective facilit ies a minimum of seven (7) working days prior to cold milling/paving operations in accordance with Section 403- 3 of the Standard Specifications.

T
he adjustment o f existing manholes/vaults to fin ished grade shall be performed after finish paving. The re moval or addition of grade rings shall be required to facil itate adjustment. Frame and covers shall be thoroughly cle aned and reset to finished gr ade by cutting pa vement one foot outs ide the limit s of the fra me and cover. Said cut shall be neat and uniform.

P
ayment for Adjustment Storm Drain/Sewer/ Utility Manho le/Vault Fr ames and Covers to Finished Grade shall be at t he contract unit price per Each (EA) and shall be considered ful l compensation for labor and furnishing and placing all forms, materials, construction and expansion joints, curing compounds and equipment to complete the construction is considered as included in the price paid, and no additional compensation will be allow ed therefor. Where the m anhole frame and cover is performed by the utility owner, no compensation will be made to Contractor.

Bid Item No. 8 – Adjust Existing Water Valve Can and Cover to Finished Grade A
djusting of water valve cans an d covers shall be in accordance with Section 403-3 of the Standard Specifications, with appl icable modifications for water valve cans and covers. Th e Contractor is to contact the water utility and determi ne if the utility wants the Contractor to lower and raise the water valves sleeves and covers or the water utility will do so on its own. In the latter case the Contractor will not be paid for this work.

A
ll existing water utility covers that can be lowered and raised shall be lowered prior to cold milli ng/removal and adj usted to finished grade by the Contractor or the Utility Owner. The Cont ractor shall contact the utility or substructure owner organizations t o arrange for adjustment of their respective facilities a minimum of seven (7) working days prior to paving oper ations in accordance with Section 403- 3 of the Standard Specifications.

Adj
ustment of existing water valve sleeves shall also be p erformed after finish pavi ng and covers are to be painted should the Utility Owner want the cover to be painted. The Utility Owner will let the City know what color is to be used.

P
ayment for Adjustment of Water Valve Cans and Covers to Fini shed Grade shall be based on Each (EA) Unit Price b asis and shall be considered full compensation of all costs associa ted with their adj ustment including labor, materials, equipment, tools, traffic control and incidentals for doing all the work involved complete in place.

Bid Item No. 9 – Traffic Striping, Markings, Curb Painting Bef
ore removal of AC surface, the Contract or shall video the surface markings, striping, house addresses, red curb etc. so as to be able to restore them when striping/marking of new pavement.
178
78 T
raffic s tripes, pavement marki ngs of arrows, symbols, numbers and words, shall conform to the California Department of Transportation Standard Specifications: Section 84-3 Painted Traffic Stripes and Pavement Markings, current edition.

Ra
ised pavement markers shall conform to the Cali fornia Department of Tr ansportation Standard Specifications Section 85, current edition, and shall be of type as called for on the plans.

R
aised Blue Reflective fo r Fire Hydrant, Two-Way Blue Reflective Fire H ydrant Raised Pavement Markers installation as shown on Contract Draw ings or per the city Engineer dirctions are a part of this item and shall conform to the Standard Specification Section 314 Pavement Marker Placement and Removal and shall be in accordance with the Caltrans Traffic Manual Section 6 “Markings” for each fire hydrant.

T
raffic signs shall conform to the Cal ifornia Department o f Transportat ion Standard Specifications: Section 56- 2 Roads ide Signs, c urrent edition and California MUTCD current edition. The existing signs shall remain protected in place.

T
he Contractor shall furnish the necessary control points fo r all striping a nd markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the City Engineer.

P
ainted and raised pavement marker removal s hall conform to Section 15 of the CALTRANS Standard Spe cifications, current edition. All st riping and/or red/blue curb designated or required to be rem oved shall be removed by a method approved by the City Engineer. All r esidue remaining as a part of the removal operations shall be removed from the site.

Lay
out shall be approved, in writing, by the City Engineer prior to painting.

M
arkings, as used in these Speci fications, include both lines and miscellaneous markings applied to the pavement surface, painting of red and blue curb and the installation of r aised pavement markers. Materials and installatio n fo r painted and raised pavement marking shall conform to Sections 84 and 85 of CALTRANS Standard Specifications, current edition. See City of Lynwood not es regarding painting only, use of City forms and restriping at all intersections.

Exis
ting paint r emoval shall conform to Section 15 of the CALTR ANS Standard Specifications, current edition. All residue remaining as a part of the removal operations shall be immediately removed from the site.

T
he Contractor shall provide cat tracking for the centerline and lane lines the same day, following paving operations. Reflectorized “slurry tabs” may be used in lieu of painted cat tracking.
179
79 Payment for Traffic Striping, Markings, Curb Painting, Signs and House Address shall be at the contract un it price per a Lump Sum (LS) amount and shall be considered full compensat ion for video the existing surface paint, furnishing all la bor, materials (including adhesiv es, g lass beads, and paint ), tool s, equipment and incidentals necessary to perform all work, involved in, or appurtenant to the installation of pavement striping, r aised reflective pavement markers, painting curbs, grinding- off concrete surface, including remov al and installatio n of traffic signs and posts as indicated, complete in place for the width specified, and pavement markings of arrows, symbols, numbers and w ords , as shown on the plans and as required by the Project Specifications and no additional compensation will be allowed.

Bid Item No. 10 – Install Public Improvement Project Signs T
he Contractor sha ll supply, erect, and maintain public improvement project signs for the duration of construction acc ording to the specificat ions set forth below. A scaled layout of the sign shal l be submitted to the City Engineer for a pproval prior to fabrication. The sign is illustrated in Appendix “G”.

Size: 4 feet by 4 fe et mounted on Post with a 7 feet clearance above ground level.

Materials: 3/4-inch (exterior type) plywood (C-C EXT-DFPA grade).

Support: 4- inch by 4-inch by 11 feet posts.

Mounting: Frame shall be constructed using 2 inches by 6 inches by 8 feet mounted on skids centered on each post and a 2 inches by 4 inches by 5 feet 6 inches 45-degree brace for each skid and a 2 inches by 6 inches cross - strut between the bot tom of the posts all of bolted construction. Plywood panel shall be mounted using 3 inch by 5 inches carriage bolts at 16 inches (maximum) on center.

Paint: Panel Face: Three coats outdoor enamel (sprayed) P anel R ear and Frame: Two coats outdoor enamel (sprayed).

Color: Stark white background and blue lettering.

Lettering: Silkscreen enamels, Helvetica medium.

Covering: 1/4 inch clear plastic.

Location: The signs shall be placed at each end of the st reet that work is being constructed on. If various locations of work are included, the signs will be moved by the Contractor per the AGENCY’s schedule.

Disposition: After the Notice of Completion is issued, th e sign shall become the property of the AGENC Y, and the Contractor shall deliver the sign to t he Public Works Facility at no expense to the AGENCY.
180
80 S
hould, at the time, Contr actor need t o prepare the signs, Contractor is to check w ith City as to approved sign the Public Works Department may have in storage that can be used. Shoul d the City have s uch signs, they sha ll be used in lieu of the making new signs. Should the City have signs at the Public Works Department that the Contrac tor can use, the Contractor will only be paid for s igns the Contractor ha s made and are so furnished.

P
ayment for Installation of Public Improvement P roject Signs shall be at the contract unit price per Each (EA) and shall include full compensation for al l labor and materials, t ools, equipment, and f or do ing all work involved, including delivery of the sign to the Public Works Facility at the end of the project. 181
81 CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
_ ________________________________
PART 4 - APPENDICES
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024

CITY OF LYNWOOD
4 .1 Appendix A – Department of Industrial Relations (DIR) Contractor Registration Number Form

4.2 Appendix B – List of Traffic Striping and Marking Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities
4 .3 Appendix C – Standard Plans
4 .4 Appendix D – Contract Change Order (CCO) Form
4 .5 Appendix E – Substitution Request Form
4 .6 Appendix F – Labor Code Sections 1771, 1775, 1777.5, 1813 and 1815 4 .7 Appendix G – Project Sign

4.8 Appendix H - Trash Collection Schedule
4 .9 Appendix I – Engineering Plans (Contract Drawings) 182
82 APPENDIX “A”
Department of Industrial Relations (DIR)
Contractor Registration Number Form
183
83 Department of Industrial Relations (DIR)
Contractor Registration Number
B
eginning July 1, 2014, con tractors must register with the Department of I ndustrial Relations (D IR) before bidding on public works contracts in Californ ia. For more information, please refer to this sec tion of the D epartment of I ndustrial Relations Website: http://www.dir.ca.gov/Public-Works/PublicWorks.html.

P
er this requirement, provide the following information:
___
___________________________________________________________________ Contractor Name
Contractor Department of Industrial Relations Registration Number:
___
___________________________________________________________________ Expiration Date of Registration Number
*(THI
S FORM MUST BE SUBMITTED WITH THE SEALED BID) *
184
84 APPENDIX “B”
List of Traffic Striping and Marking
and
Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities 185
85 APPENDIX “C”

STANDARD PLANS
186
86 LIST OF STANDARD PLANS
P
lan No. Description
CALTRANS:

A
20A, A20D Pavement Markers and Traffic Lines
A24A, A24B, A24C, A24D, A24E & A24F Pavement Markings, Arrows, Limits & Crosswalk Lines
187
87 APPENDIX “D”

CONTRACT CHANGE ORDER (CCO) FORM
188
88 CONTRACT CHANGE ORDER (CCO) FORM
CIT

Y OF LYNWOOD
DE

PARTMENT OF PUBLIC WORKS
Date: ______________CCO No. _______
Project Title: Citywide Slurry Seal (PHASE 3) Project, FY 2023/2024 Plan Reference: _________________________Item Reference: _______________________________ Contractor:
_________________________________________________________________________________ Show as separate numbered paragraphs: (1) Reason for Change; (2) Description of Change; (3) Location of change (Stations, etc.); (4) Change in Contract Cost; (5) Extension of Contract, if warranted; (6) New Contract Total Including All Change Orders.
189
89 APPENDIX “E”

SUBSTITUTION REQUEST FORM
190
90 SUBSTITUTION REQUEST FORM
TO:
____________________________________________________________________________________________ _
PROJECT: CITYWIDE SLURRY SEAL (PHASE 3)
PROJECT, FY 2023-2024
PROJECT NO:

OWNER: CITY OF LYNWOOD
SPE
CIFIED ITEM:
__________________ ____ _________ _____________________________________________________ Section Page Para graph Description
T
he undersigned requests consideration of the following:

PR
OPOSED SUBSTITUTION: ______________________________________________________________ A
ttached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the request. Applicable portions of the data are clearly identified.

T
he undersigned states that the following paragraphs, unless modified on attachments, are correct:

1. T
he proposed substitution does not affect dimensions shown on Drawings and will not require a change in any of the Contract Documents.

2. T
he undersigned will pay for changes to the design, including engineering design, detailing, and construction costs caused by the requested substitution which is estimated to be $______________________________________________.

3. T
he proposed substitution will have no adverse effect on other contractors, the construction schedule (specifically the date of substantial completion), or specified warranty requirements.

4. Maintenance and service parts will be locally available for the proposed substitution. 5 . The incorporation or use of the substitute in connection with the work is not subject to payment of any license fee or royalty.

T
he undersigned further states that the function, appearance, and quality of the Proposed Substitution are equivalent or superior to the Specified Item.

Submitted by Contractor: Reviewed by Engineer:

S
IGNATURE: ____________________________________ □ ACCEPTED FIR
M: __________________________________________ □ ACCEPTED AS NOTED _____
__________________________________________ □ NOT ACCEPTED D
ATE: _________________________________________ □ RECEIVED TOO LATE T
ELEPHONE: ______________________________ BY: ___________________________________________ T
ITLE: ________________________________________
D
ATE: ________________________________________
AT
TACHMENTS: ___________________________ REMARKS: ___________________________________ 191
91 APPENDIX F
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 192
92 Labor Code Section 1771
Requirement of prevailing local rate for work under contract E
xcept for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.

Labor Code Section 1775
Forfeiture for paying less than prevailing wage rates; Amount of penalty; Payments to workers; Liability of prime contractor; Notification of complaint (
a)
(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work do ne
under
the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)
(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideratio n of
both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wag e
obl
igations.
(B)
(i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereo f, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been ass essed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. 193
93 (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewabl e onl
y for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each c
alendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailin g r
ate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of th e s
ubcontractor to pay the specified prevailing rate of wages to those workers or unless the pri me c
ontractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on t
he public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5 , 1813
, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specifie d pr
evailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on t he pub
lic works project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, t he c
ontractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that th e s
ubcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per di em w
ages
L
abor Code Section 1777.5
Employment of apprentices on public works
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
(b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of th e c
raft or trade to which he or she is registered.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties t o w
ritten apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligibl e t
o be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. 194
94 (d
) When the contractor to whom the contract is awarded by the state or any political subdivision, i n per
forming any of the work under the contract, employs workers in any apprenticeable craft or trade, the c
ontractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and traini ng of
apprentices in the area or industry affected. However, the decision of the apprenticeship program t o appr
ove or deny a certificate shall be subject to review by the Administrator of Apprenticeship. T he appr
enticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be r
equired to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determine d as
an apprenticeable occupation in accordance with rules and regulations prescribed by the Californi a Appr
enticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Prior to commencing work on a contract for public works, every contractor shall submit contract awar d i
nformation to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under th e c
ontract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a v
erified statement of the journeyman and apprentice hours performed on the contract. The information under
this subdivision shall be public. The apprenticeship programs shall retain this information for 12 mont
hs.
(f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade o n the p
ublic work may be no higher than the ratio stipulated in the apprenticeship standards under whic h t
he apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentic e w
ork for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day wh en any
journeyman is employed at the jobsite and shall be computed on the basis of the hours worked dur
ing the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s
ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship pr
ogram, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
(i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for a n appr
enticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade i n
t
he state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship 195
95 Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the f
ollowing conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a c
ondition that would jeopardize his or her life or the life, safety, or property of fellow employees or th e p
ublic at large, or the specific task to which the apprentice is to be assigned is of a nature that training c
annot be provided by a journeyman.
(l) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (m)
(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contrac t,
emp
loys journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount o f appr
enticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship progra m t
hat can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of tr aining apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade a nd geogr
aphic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray th e f
uture expenses of the Division of Apprenticeship Standards. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprent iceship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstan ding Section 1334
0 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby c
ontinuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of th e D
ivision of Apprenticeship Standards.
196
96 (n
) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeabl e oc
cupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) All decisions of an apprenticeship program under this section are subject to Section 3081.

L
abor Code Section 1776
Pay
roll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties (
a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employ ee
emp
loyed by him or her in connection with the public work. Each payroll record shall contain or be verified by
a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished t o t
he employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the D ivision of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upo n
r
equest by the public for inspection or for copies thereof. However, a request by the public shall be m ade t
hrough either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. Th e
pub
lic may not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in th e
mann
er specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's 197
97 name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and socia l security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f) The contractor shall inform the body awarding the contract of the location of the records enumerat ed under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a writt en not
ice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each c
alendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, thes e pena
lties shall be withheld from progress payments then due. A contractor is not subject to a penal ty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3. 5 (
commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) gov
erning the release of these records, including the establishment of reasonable fees to be charged f or reproducing copies of records required by this section.

L
abor Code Section 1813
Penalty when workman required to work excess hours; Stipulation in contract; Cognizance and report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Labor Code Section 1815
Work performed in excess of specified hour limitations; Compensation No
twithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 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 8 hours per day at not less than 11/2 times the basic rate of pay.

198
98 APPENDIX “G”

PROJECT SIGNS
199
Example

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024
(PROJECT NO. 4011.XX.XXX)
FUNDING SOURCES: TBD
Oscar Flores
MAYOR
Rita Soto
Mayor Pro-Tem
Gabriela Camacho
Council Member
José Luis Solache
Council Member
Juan Muñoz-Guevara
Council Member
Ernie Hernandez
City Manager
200
99 APPENDIX “H”
Trash Collection Schedule
201
202
100
APPENDIX “I”

PLANS (CONTRACT DRAWINGS)
Project Title:

CITYWIDE SLURRY SEAL (PHASE 3) PROJECT
FY 2023-2024
Project Number: CITY OF LYNWOOD
203
GENERAL CONSTRUCTION NOTES:

SLURRY SEAL PROJECT- PHASE 3
FY 2023-2024

INFRASTRUCTURE

ENGINEERS

INDEX OF DRAWINGS
SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

TITLE SHEET AND GENERAL CONSTRUCTION NOTES
C-1

DEPARTMENT OF PUBLIC WORKS
204

AREA MAP

LOS ANGELES COUNTY
Project
Location

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

AREA MAP
C-2

NOT TO SCALE
205

CITY MAP

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

CITY MAP
C-3
206

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

LIST OF STREETS
C-4

LIST OF STREETS
207

INFRASTRUCTURE

ENGINEERS

TYPICAL SECTION
SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

TYPICAL SECTION
C-5
208

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

PROJECT LOCATION MAP
C-6
LEGEND:

MATCHLINE SEE C-7
209

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

PROJECT LOCATION MAP
C-7
MATCHLINE SEE C-6
LEGEND:

MATCHLINE SEE C-8
210

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

PROJECT LOCATION MAP
C-8
MATCHLINE SEE C-7
LEGEND:

MATCHLINE SEE C-9
211

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 3 (FY 2023-2024)

PROJECT LOCATION MAP
C-9
MATCHLINE SEE C-8
LEGEND:
212

AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Elizabeth Popescu, Senior Management Analyst
SUBJECT:

CLEAN POWER ALLIANCE FEASIBILITY STUDY
Agenda Item # 8.5.

Recommendation:

Staff recommends that the City Council of the City of Lynwood adopt the following resolution entitled, "

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING BUDGETARY TRANSFER FROM UNAPPROPRIATED GENERAL FUND TO PUBLIC WORKS ACCOUNT NUMBER 1011.45.401.62015 IN THE AMOUNT OF $10,000." Background:

Clean Power Alliance (CPA) is a Joint Powers Authority (JPA) that was established to provide cost-competitive electrical services, reduce greenhouse gas (GHG) emissions through the availability of renewable electricity, stimulate renewable energy reduction programs, and sustain long-term rate stability for residents and businesses through local control. CPA is comprised of 32 cities, and the unincorporated areas of Los Angeles and Ventura counties.

Each member agency selects a representative to serve on the Board of Directors with the intent of aligning the CPA’s goals to closely reflect the goals and values of the local communities they serve.

Currently, the CPA purchases renewable electricity on behalf of its members, while SCE manages the transmission and distribution of the power purchased through existing power lines and continues to provide customer billing. CPA serves more than three million people through approximately one million customer accounts. CPA has more customers with 100 percent renewable energy than any other energy provider in the United States, and plays a critical role in accelerating the distribution of clean energy by creating programs that support local and resilient renewable energy.

City Council City Council Regular Meeting 213
As part of its unique profile, CPA provides three clean energy products: 40 percent Lean Power, 50 percent Clean Power, and 100 percent Green Power. Each JPA member is required to select a Default Energy Product to be applied to customers in the municipality.

However, a customer still has the option to decide on their electricity product and can take an Opt Action to upgrade its clean energy product to a higher tier or downgrade to a lower tier. A customer can also opt-out of the service altogether and return to SCE. Customer choice is one of the benefits of the CPA program.

Below is a summary of the Default Energy Product selections within the CPA’s Service Territory.

100% Green Power
21 Municipalities
40% Lean Power
5 Municipalities
50% Clean Power
6 Municipalities
Agoura Hills
Malibu
Sierra Madre
Arcadia
Alhambra
Beverly Hills
Manhattan Beach
South Pasadena
Paramount
Carson
Calabasas
Ojai
Thousand Oaks
Simi Valley
Downey

Camarillo

Oxnard
Unincorporated Los
Angeles County

Temple City

Hawaiian Gardens
Claremont
Redondo Beach
Unincorporated
Ventura County
Westlake Village
Moorpark
Culver City
Rolling Hills Estates
Ventura

Whittier
Hawthorne
Santa Monica
West Hollywood

Green Power:

CPA’s 100% green power comes from 100% renewable energy sources—like wind, solar and geothermal. By paying a small premium, about $3 more per $100 of electricity charges – for energy that has zero emissions and supports green jobs and green economy.

Lean Power:

Lean Power provides 40% clean power, with the added benefit of local management control. Lean Power is also the most affordable way to get clean, reliable power while putting revenue back into your home and community through customer programs, community resilience projects, and job creation. Beginning in 2023, 40% of Lean Power will come from renewable energy sources. As a result, Lean Power saves you about $1 per $100 of electricity charges compared to Clean Power.

Clean Power:

Provides 50% clean power and the opportunity to support building a cleaner.

City Council City Council Regular Meeting 214
Discussion and Analysis:

A presentation was made by representatives of the Clean Power Alliance (CPA) to the City Council at the meeting held on March 21, 2023. At this meeting, there was a brief background on CPA and their efforts to procure renewable energy with a general discussion on the process of becoming a member of the CPA.

The commencement of this process does not require that the City become a member.

However, this is the initial step in the process for the City Council to consider becoming a member. The schedule for potential membership in the CPA Joint Powers Authority based on the CPUC’s requirement to approve new memberships must be done by December 31 st
of the
calendar year. Before that can occur and before the City Council can consider the relevant data, the City would need to sign an agreement between CPA and the City and approve funding for a feasibility study. The cost of the feasibility study is $10,000 and must be paid before CPA will commence with the feasibility study. The feasibility study fee is refundable if the City petitions to become a member but the CPA governing body rejects its application.

The CPA feasibility study follows a common structure in terms of the analysis, but the data is unique to the individual applicant city. CPA uses SCE’s historical load data for customers in the City of Lynwood to calculate the financial and environmental impacts of serving that load, based on the City of Lynwood’s unique customer mix and load profiles. The historical load data would be transferrable, but the analysis of whether CPA can absorb the load would not be.

A City does not have to set the customer default level of “lean/clean/green” now but can do it at a later date when more information, such as rate comparisons, are available. CPA currently has 34 member cities; the majority (21 cities) have chosen 100% green. Cities can adjust the default setting once every 2 years.

Overall, most customers stay with CPA and do not “opt out” – participation is at 93% across the member cities with 7% opting out. If a member city has a large majority of customers who opt out, there is no penalty. However, if a member city decides to withdraw from the JPA, there probably would be a significant financial obligation as CPA procures renewable energy based on its customer load for many years into the future. At this time, no member cities have left the JPA so there is no test case to estimate the valuation of the potentially stranded assets. CPA recommends that a City be certain that the partnership is a fit before joining the JPA.

Fiscal Impact:

Funding in the amount of $10,000 is necessary for the CPA feasibility study. A budget City Council City Council Regular Meeting 215
CC_-_05.16.23_-_2023.xxx_-_CPA_FEASIBILITY STUDY__Budgetary_Transfer.docx amendment is attached.

Coordinated With:

ATTACHMENTS:

Description
City Council City Council Regular Meeting 216
1 RESOLUTION NO. 2023.xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING BUDGETARY TRANSFER FROM UNAPPROPRIATED

GENERAL FUND TO PUBLIC WORKS ACCOUNT NUMBER
1011.45.401.62015 IN THE AMOUNT OF $10,000.

WHEREAS, on March 21, 2023, a presentation was made by representatives of the Clean Power Alliance (CPA) to the City Council. At this meeting, there was a brief background on CPA and their efforts to procure renewable energy.

WHEREAS, the City Council of the City of Lynwood wishes to explore the possibility of joining the Clean Power Alliance and consequently approves a budget amendment to conduct a feasibility study.

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

Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.

Section 2. The City Council authorizes an appropriation of $10,000 to be transferred to account 1011.45.401.62015 to cover the cost of Clean Power Alliance to conduct feasibility study.

Section 3. This Resolution shall become effective immediately upon its adoption.

Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED AND ADOPTED this 16th day of May 2023. _________________________
Oscar Flores, Mayor
ATTEST:
217
2 ________________________ __________________________
Maria Quinonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM:

________________________
Noel Tapia,
City Attorney

STATE OF CALIFORNIA )
) §
218
3 COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 16th day of May 2023.

AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVERA, SOLACHE,

MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

________________________ Date : __________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2023.xxx on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of May 2023.
___________________________ Date : __________________
Maria Quiňonez,
City Clerk
219

AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Maria Quinonez, CMC, City Clerk
Nancy Blinzler, Office Assistant
SUBJECT:

NOVEMBER 8, 2022 GUBERNATORIAL GENERAL ELECTION,
EXPENDITURE BUDGET ADJUSTMENT TO FISCAL YEAR 2022-23

ADOPTED BUDGET
Agenda Item # 8.6.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

BUDGETARY TRANSFER FROM UNAPPROPRIATED GENERAL FUND TO ELECTION EXPENDITURES ACCOUNT NUMBER 1011.15.105.62020 IN THE AMOUNT OF $92,716.74.”
Background:

The budget for 2022-2023 included an appropriation of funds for the November 8, 2022 Gubernatorial General Election of $165,000. However, on June 7, 2022, the Statewide Direct Primary Election, Special Election for Measure R for the City of Lynwood, was held and the cost incurred to the City of Lynwood and billed by Los Angeles County Registrar- Recorder/County Clerk was $124,728.03 along with other charges related to the election operations such as signature verification, cost for publishing statements, etc.

Discussion and Analysis:

The City of Lynwood participated in the November 8, 2022 Gubernatorial General Election, City Council City Council Regular Meeting 220
CC - 05.16.23 - 2023.xxx - November 8.22 Gubernatorial General Election Budgetary Transfer.docx
and has received the bill from Los Angeles County Registrar Recorder/County Clerk for $92,716.74.

A budget adjustment is required since the City used election funds originally budgeted for the 2022-2023 Fiscal Year. Therefore, staff is requesting an appropriation in the amount of $92,716.74 to be transferred to account 1011.15.105.62020 to cover the cost of the invoice for the November 8, 2022 Election.

Fiscal Impact:

The cost of the November 8, 2022 General Election is
$92,716.74.

Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 221
1 RESOLUTION NO. 2023.xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING BUDGETARY TRANSFER FROM UNAPPROPRIATED

GENERAL FUND TO ELECTION EXPENDITURES ACCOUNT NUMBER
1011.15.105.62020 IN THE AMOUNT OF $92,716.74
WHEREAS, the budget for 2022-2023 included an appropriation of funds for the November 8, 2022 Gubernatorial General Election of $165,000; and WHEREAS, on June 7, 2022, the Statewide Direct Primary Election, Special Election for Measure R for the City of Lynwood, was held and the cost incurred to the City of Lynwood and billed by Los Angeles County Registrar-Recorder/County Clerk was $124,728.03 along with other charges related to the election operations; and WHEREAS, the City of Lynwood participated in the November 8, 2022 Gubernatorial General Election and has received the bill from Los Angeles County Registrar Recorder/County Clerk for $92,716.74.

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

Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.

Section 2. The City Council authorizes an appropriation for $92,716.74 to be transferred to account 1011.15.105.62020 to cover the cost of the invoice for the November 8, 2022 Gubernatorial General Election.

Section 3. This Resolution shall become effective immediately upon its adoption.

Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED AND ADOPTED this 16th day of May 2023. _________________________
Oscar Flores, Mayor
222
2 ATTEST:
________________________ __________________________
Maria Quinonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM:

________________________
Noel Tapia,
City Attorney
223
3 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 16th day of May 2023.

AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVERA, SOLACHE,

MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

________________________ Date : __________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2023.xxx on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of May 2023.
___________________________ Date : __________________
Maria Quiňonez,
City Clerk
224

AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Maria Quinonez, CMC, City Clerk
Nancy Blinzler, Office Assistant
SUBJECT:

QUALIFICATION OF REFERENDUM PETITION CHALLENGING
ORDINANCE NO. 1756 ESTABLISHING A MINIMUM WAGE OF $25.00

PER HOUR FOR QUALIFYING HEALTHCARE WORKERS IN THE CITY

OF LYNWOOD
Agenda Item # 9.1.

Recommendation:

Staff recommends that the City Council consider the following:
1 .

Receive, file and accept the Certificate of Sufficiency of the Referendum Petition Signatures as valid in all respect
2 .

Reconsider Ordinance No. 1756 and select one of the following options:

a
.

Direct Staff to prepare a Resolution to submit Ordinance No. 1756 to the Lynwood Voters at the next Regular Municipal Election on November 5, 2024 or b
.

Special Election on March 5, 2024 or
c
.

Direct Staff to prepare an Ordinance to repeal Ordinance No. 1756 d
.

Direct Staff to agendize the consideration of Ordinance No. 1756 at a future date.

Background:

On February 21, 2023, the City Council of the City of Lynwood considered, approved and adopted ORDINANCE NO. 1756:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING CHAPTER 4-35 TO THE LYNWOOD MUNICIPAL CODE AS AN ORDINANCE TO ESTABLISH A MINIMUM WAGE OF $25.00

PER HOUR FOR QUALIFYING HEALTHCARE WORKERS IN THE CITY OF LYNWOOD

City Council City Council Regular Meeting 225
On March 22, 2023, the City of Lynwood City Clerk's office received a total raw number of signatures gathered by proponents of roughly 6,417 on a petition protesting the adoption of
Ordinance No. 1756. The petition requires signatures of not less than 10 percent or 2,980 as determined by the 29,806 City of Lynwood registered voters as of February 2023.

Pursuant to Elections Code section 9240, on April 10, 2023, the City of Lynwood referred the petition to the Los Angeles County Registrar of Voters for signature verification with official County voter records.

On May 3, 2023, the results of signature verification was complete and based upon review, the petition has been determined to be sufficient as follows:

Number of signatures filed
6,492
Number of signatures withdrawal requests
6 Number of signatures withdrawn
0 Number of signatures verified
3,365
Number of signatures found sufficient
2,980
Number of signatures found not sufficient
385
Not sufficient because duplicate
40 Discussion and Analysis:

Elections Code section 9240, referencing Elections Code section 9114, requires that the Elections Official certify the results of the signature examination before the Lynwood City Council.

Pursuant to Elections Code section 9241, now that the referendum petition has qualified, the effective date of the Ordinance has been suspended and the City Council must reconsider Ordinance No. 1756.

Pursuant to Elections Code section 9241, the City Council must act on the following options:

1 .

Direct Staff to prepare a Resolution to submit Ordinance No. 1756 to the Lynwood voters at the next regular Municipal Election, on November 5, 2024 or 2 .

Special Election, on March 5, 2024
3 .

Direct staff to prepare an Ordinance to repeal Ordinance No. 1756.

There is no official deadline for the Council to render a decision. However, now that the referendum petition has qualified, Ordinance No. 1756 will remain suspended and shall not go into effect until a majority of Lynwood voters approve it at a selected election.

City Council City Council Regular Meeting 226
City of Lynwood Ordinance No. 1756 Healthcare Workers Minimum Wage.pdf City of Lynwood Petition Certificate 5-4-2023.pdf
Fiscal Impact:

There is no fiscal impact to the budget at this time. Staff is currently awaiting a cost estimate to the place the Ordinance on the ballot during a Regular or Special Election. The Los Angeles County Registrar-Recorder/County Clerk will invoice the City of Lynwood for Election Services after the election.

Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 227
228
229
230
231
232
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235
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240

AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

PREPARED BY:

Gabriel Linares, Community Development Director
SUBJECT:

THE LYNWOOD CANNABIS RETAIL SALES BUSINESS LICENSE

SELECTION PROCESS PHASE III
Agenda Item # 9.2.

Recommendation:

Staff respectfully recommends:

The City Council approve by motion u
p to
six (6) Lynwood Cannabis Retail License Applicants
in accordance with the Attached Ordinance
entitle
d
“THE LYNWOOD CANNABIS RETAIL
SALES REGULATION AND PUBLIC SAFETY ORDINANCE.”

A. Approve a Resolution granting a retail cannabis business license to Catalyst Lynwood LLC.

B. Approve a Resolution granting a retail cannabis business license to Emerald Ventures Inc.

C. Approve a Resolution granting a retail cannabis business license to Perfect Prime 9 D. Approve a Resolution granting a retail cannabis business license to RD Lynwood Retail LLC.

E. Approve a Resolution granting a retail cannabis business license to Shryne Lynwood LLC.

F. Approve a Resolution granting a retail cannabis business license to Wellgreens Lynwood LLC.

City Council City Council Regular Meeting 241
Background:

In December 2016, the City adopted Chapter 4-34 to the Lynwood Municipal Code allowing and establishing comprehensive regulations legalizing, controlling, and regulating commercial cannabis activities related to nonmedicinal cannabis for use by adults twenty-one (21) years of age and older, including the storefront retail sale of nonmedical cannabis for use by adults twenty-one (21) years of age and older in the City as permitted by Proposition 64 -the Adult Use of Marijuana Act ("AUMA"), which was overwhelmingly approved by California voters.

In July 2022, the City Council discussed the financial advantages of allowing for Retail Cannabis sales. Allowing limited retail cannabis sales would provide land uses that provide financial opportunities that meet the needs of the City by providing a balanced and functional mix of land uses, new patterns of land uses that complement the overall character and existing uses, promote land uses that capitalize on the opportunities and mitigates the negative impacts of the City's adjacency to major transportation systems, plan for a range of commercial sites that serve the needs of those living, working, and visiting Lynwood and help develop Lynwood into a viable commercial retail center for the area, and provide commercial merchandising and retailing establishments that serve the needs of the residents and businesses of Lynwood. The new use proposed under this Ordinance would expand the commercial revenue base in the City of Lynwood, which would provide additional funding for important public services.

In furtherance of these goals, the Planning Commission voted to recommended and the City Council approved an Ordinance amending Section 25-2001-1 of Chapter 25 (Zoning) of the Lynwood Municipal Code and Appendix A to Chapter 25 (Uses by Zoning District).

The City Council amended Chapter 25 (Zoning) to allow the storefront retail sale of medicinal and nonmedicinal cannabis within the following City zoning districts: C-2A (Medium Commercial District), C-3 (Heavy Commercial District), or M (Manufacturing District), including any overlay zones, in particular any SPA (Specific Plan Area) covering the C-2A (Medium Commercial District), C-3 (Heavy Commercial District), or M (Manufacturing District), subject to the requirements of Chapter 4-35, which proposes establishing strong and comprehensive development standards and permitting requirements for storefront retail sales of medicinal and nonmedicinal cannabis.

Additionally, the City Council approved and adopted Ordinance 1751, which established procedures for the application and award of retail cannabis business permits. The award process includes scoring based on criteria contained in the ordinance. Applicants will be scored on (1) the owner's qualifications, (2) plans, renderings and location, (3) business and operations plan, (4) security plan, (5) safety plan, (6) neighborhood compatibility plan, (7) community benefits plan and (8) a labor and employment plan. Ordinance 1751 allows the City Council to award up to six retail cannabis business permits.

City Council City Council Regular Meeting 242

Ordinance 1751 also established operation requirements that regulate the operation of such businesses. These requirements include security measures, hours of operation, sign guidelines, odor control devices, background check requirements, minimum distance requirements form sensitive uses (defined as day care centers, public parks, schools, and youth centers), prohibition on loitering and other regulations designed to limit potential impacts on the community.

Ordinance 1751 includes a community benefits plan where applicants are scored on the strength of their community benefits plan. All Applicants pledged to voluntarily provide a public benefit to a public use, which is defined as a direct financial contribution equal to one (1) percent of projected gross receipts of the applicant to the following City sponsored programs/cause. The City will receive these funds and may use these funds for such purposes as senior citizen programs, City beautification efforts, the enforcement of illegal cannabis operations, public safety, housing programs, recreation services, infrastructure, and/or any other partnerships that provide a community benefit.

Ordinance 1751 also includes a procedure to revoke a permit if the City finds that a permit holder is operating in breach of the terms of the permit. Similarly, the ordinance also provides that permit holders are subject to fines and possible criminal prosecution if the City finds that the permit is operating in violation of the City's Municipal Code.

Essential to the City's ability to take advantage of the revenue opportunities created by allowing limited retail cannabis sales is the establishment of an appropriate cannabis retailer business license tax. As previously stated, these revenues will help fund critical public services. Staff recommended implementation of the five percent tax rate for the time being to be very competitive in the market and to help stimulate the local economy, restore lost revenue and to have the resources to continue providing core services to the public, such as public safety, public works and critical quality of life programs such as recreation and community services. Changes in the tax rate can be considered in the future when post pandemic economies return and/or the needs of the community change.

Importantly, Ordinance 1751 provides that retail cannabis business permits shall not become valid, even if the Council awards the permits, unless and until City residents approve a cannabis retailer business license tax. Proposition 218 as contained in the California Constitution requires the City to obtain majority voter approval of any business license tax increase or addition. To that end, the City Council adopted Resolution #2022.235 that facilitated the placing of a measure asking the voters to consider the approval of a cannabis retailer business license tax. This measure was passed by voters in the November 8, 2022 election.

The City Council previously adopted cannabis retail fees in the FY2020-21 Master Fee City Council City Council Regular Meeting 243
Schedule. The current fees for implementation of the retail cannabis permit do not exceed the $26,878 amount approved in that schedule passed, approved, and adopted on September 15, 2020, Resolution 2020.115. Also, there will be no financial impact to the City for the application and selection process of applications, as all applicants will be required to submit fees to cover the cost of processing. Staff projects that the cannabis business license tax will generate an estimated $3 to $6 million in new general fund revenues.

Discussion and Analysis:

The retail cannabis application period opened on November 21, 2022 and applications were deemed complete and accepted through December 20, 2022 at 5pm. The City Clerk accepted all eleven (11) submitted applications and then transferred application packages to the City’s Project Consultant, Tierra West Advisors a third party consultant with many years of experience, on December 21, 2022 for review and scoring purposes. The applications fees were delivered to City Accounting office that same day. Below is a list of the applicants and the order received;

1. Shrine (Stiizy)- Tak Sato

2. Emerald - Ani Kaprielian

3. RD Lynwood- Ryan Oganesian

4.OTC- Norman Yousif

5. Catalyst- Damian Martin

6. Haven- Mark Simonian

7. SKL- Scott Kawasaki

8. J H Green- Hezi Kahanian

9. Culture- Devon Julian

10. Perfect Prime- Javier Barajas

11. Wellgreens- Michael Steinberg

During the months of January and February 2023, Phase I review and scoring was completed by Tierra West Advisors staff. The qualification process involved verification of objective requirements and scoring of subjective qualifications based on Ordinance 1751. On March 14, 2023, results were presented to the Council appointed Ad Hoc Committee to begin the Phase II selection process. All eleven (11) applicants proceeded to Phase II consideration.

All applicants were intervie
wed by the Ad Hoc Committee on March 26, March 28, or March 31, 2023. On April 11, 2023 the Ad Hoc Committee selected six (6) of those eleven (11) applicants to move to Phase III consideration by the City Council. Based on the criteria set forth Phase I and Phase II of the City's process, the Ad Hoc Committee determined that any of the recommended applicants are qualified to operate a retail cannabis business consistent with the policy objectives established by Ordinance 1751.

The Ad Hoc Committee selected the following applicants (listed alphabetically) for the City Council's City Council City Council Regular Meeting 244
Ord. 1751 - Final Lynwood Cannabis Retail Sales Regulation - Second Read.._ - Copy.pdf
consideration:

Catalyst-Lynwood, LLC, 5110 Imperial Hwy
Emerald Ventures, Inc., 3162 Martin Luther King Jr. Blvd Perfect Prime 9, 11328 Atlantic Ave
RD Lynwood Retail LLC, 11510 Alameda St
Shryne Lynwood LLC- dba Stillnzy, 10838 Long Beach Blvd Wellgreens- Lynwood LLC, 11100 Wright Road

The Phase III process will consist of the City Council reviewing the Ad Hoc Committees recommended applicants and awarding up to six (6) retail cannabis business licenses. Once the council concludes their review process and selects the applicants moving forward in the process. The applicants shall submit to the Community Development Department applications for a Business license and shall submit plans for building permits for the proposed improvements to the approved locations. Retailers may begin operating once all permits are issued, inspections completed and a valid certificate of occupancy is issued along with a valid business license. Any changes to the locations are subject to all the regulations of Ordinance No. 1751 and would have to comply with the location and design requirements for cannabis retailers.

Fiscal Impact:

Staff projects that new cannabis retail tax revenues may be realized in the later half of fiscal years 23/24 and will continue to ramp up in 24/25 as the retail cannabis businesses are established. The revenue is also dependent on how many business are approved.

Conservative revenue estimates are as follows and are dependent on applicant execution of construction and number of approved business licenses.

Estimated first year 23/24 retail revenues may be $ 500,000.00 Estimated 2nd year 24/25 retail revenues may be $ 1,250,000.00

Coordinated With:

ATTACHMENTS:

Description
City Council City Council Regular Meeting 245

1 ORDINANCE NO. 1751

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 35 TO CHAPTER 4 LICENSING AND BUSINESS

REGULATIONS OF THE LYNWOOD MUNICIPAL CODE RELATING TO

THE LICENSING AND REGULATION OF CANNABIS RETAILERS IN

THE CITY OF LYNWOOD AND ACCOMPANYING AMENDMENTS TO
SECTION 34 OF CHAPTER 4 LICENSING AND BUSINESS

REGULATIONS OF THE LYNWOOD MUNICIPAL CODE

WHEREAS, Section 7 of Article XI of the California Constitution authorizes the City of Lynwood (the “City”) to make and enforce within its jurisdictional limit ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its residents; and

WHEREAS, on November 8, 2016, California voters approved Proposition 64, titled “The Adult Use of Marijuana Act ” and enacted a S tate-level statutory scheme for legalizing, controlling, and regulating commercial cannabis activity related to nonmedicinal cannabis for use by adults twenty-one (21) years of age and older, including the storefront retail sale of nonmedical cannabis for use by adults twenty-one (21) years of age and older, and on June 27, 2017, the Medicinal and Adult Use Cannabis Regulation and Safety Act was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of commercial cannabis activity related to medicinal and nonmedicinal use in California; and

WHEREAS, on December 20, 2016, the City Council of the City of Lynwood (the “City Council”) adopted Ordinance No. 1688 adding Chapter 4-34 to the City of Lynwood Municipal Code (the “City Municipal Code”) and accepting Planning Commission recommendations, with Chapter 4- 34 of the City Municipal Code being subsequently amended by Ordinance No. 1700 (adopted by the City Council on September 19, 2017) and by Ordinance No. 1707 (adopted by the City Council on January 2, 2018), licensing and regulating all forms of commercial cannabis activity, except the storefront retail sale of medicinal and nonmedicinal cannabis; and

WHEREAS, Chapter 4- 34 of the City Municipal Code presently prohibit s the storefront retail sale of medicinal and nonmedicinal cannabis; and

WHEREAS, the City Council desires to establish a strong and effective regulatory system with regard to the storefront retail sale of medicinal and nonmedicinal cannabis that protects the public health, safety, and environmental resources, provides a consistent regulatory pathway for the storefront retail sale of medicinal and nonmedicinal cannabis consistent with S tate regulations, fosters healthy, diverse, and economically viable the cannabis retailers that contribute to the local economy, and ensures that environmental, 246

2 public health, safety and nuisance factors related to the storefront retail sale of medicinal and nonmedicinal cannabis are adequately addressed; and

WHEREAS, in furtherance of these goals, the City Council desires to add Chapter 4-35 to the City Municipal Code and amend Chapter 4-34 of the City Municipal Code to establish development standards and permitting requirements to allow the storefront retail sale of medicinal and nonmedicinal cannabis within limited City zoning districts; and

WHEREAS, the City Council further desires to implement reasonable regulations that are intended to address the secondary negative impacts to the City and its resources, including, nuisance impacts and criminal impacts that may result from the operation of cannabis retailers in the City and to ensure that the effects such impacts may have on the health, safety, and welfare of businesses and residents within the City are mitigated to the greatest extent possible; and

WHEREAS, the City Council is aware that both community benefits and potential adverse impacts may result from the operation of cannabis retailers in the City, and, therefore, desires to: (1) help ensure that all such impacts are adequately mitigated and offset by the potential community benefits those businesses can provide to the City and its residents and (2) to help provide sufficient code enforcement and law enforcement resources to address such adverse impacts and to ensure compliance with all applicable laws and regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance shall be known and may be cited as “T he Lynwood Cannabis Retail Sales Regulation and Public Safety Ordinance” (the “Ordinance”).

SECTION 2. Purpose and Intent. The purpose and intent of this Ordinance is to accommodate the needs of medically -ill persons in need of cannabis for medicinal purposes, as advised and recommended by their health care provider(s), and adults over the age of twenty -one (21), and to implement State of California (“State”) law, which includes, but is not limited to the provisions of the Medicinal & Adult -Use Cannabis Regulation & Safety Act (hereinafter, “MAUCRSA”), as may be amended and augmented under State law, while imposing regulations on the conduct of business and use of land to protect the City of Lynwood’s (the “City”) neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this Ordinance to regulate the retail sale of cannabis and cannabis products in a manner which is responsible, which protects the health, safety, and welfare of the residents of the City , and which enforces rules and regulations consistent with State law. In part to meet these objectives, a retail cannabis business permit shall be required to own or to operate a cannabis retailer within the City. Further, this Ordinance’s requirement for a cannabis retailer to possess a retail cannabis business permit is in addition to any other permits, licenses , and approvals 247

3 which may be required to conduct business in the City, and is in addition to any permits, licenses, and approvals required under State or County of Los Angeles (“County”) law.

SECTION 3. Legal Authority. Pursuant to Section 7 of Article XI of the State Constitution, and the provisions of the MAUCRSA, as may be amended and augmented under State law and any subsequent State legislation regarding the same, the C ity is authorized to adopt ordinances that establish standards, requirements, and regulations for local licenses and permits for cannabis retailers. Except as otherwise provided in this Ordinance, any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State, or any of its departments or divisions, shall be the minimum standards applicable to the retail sale of cannabis and cannabis products in the City.

SECTION 4. Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended by adding Chapter 4-35 (Cannabis Retailers) to read as follows:

Chapter 4-35: CANNABIS RETAILERS

4-35.1: Cannabis retailers prohibited unless specifically authorized.

a. Except as specifically authorized by this Chapter 4-35, to the fullest extent permitted by State law, the City expressly prohibits any and all cannabis retailers within the City.

b. Nothing in this Chapter 4-35 shall be construed or interpreted to permit the commercial possession, furnishing, manufacture, cultivation, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of industrial hemp.

c. To the extent expressly authorized in this Chapter 4-35 of the City Municipal Code, cannabis retailers are permitted in the City, subject to the satisfaction of all requirements set forth in this Chapter 4-35, MAUCRSA, and all other applica ble State and local laws, rules, and regulations.

4-35.2: Compliance with laws.

It is the responsibility of the owners, managers, officers, employees, and agents of any cannabis retailer to ensure that it is operating in a manner compliant with all applicable State and local laws and any regulations promulgated thereunder. Nothing in this Chapter 4-35 shall be construed as in conflict with State law.

4-35.3: Definitions.

248

4 When used in this Chapter 4-35, the following words shall have the meanings ascribed to them as set forth herein. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code or shall otherwise be defined by common usage. For definiti ons of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to State statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

“Applicant” means the person applying for the retail cannabis business permit under this Chapter 4-35 (not the owners or the managers of the applicant).

“Cannabis” has the same meaning as defined in Chapter 4-34 of the City Municipal Code.

“Cannabis Concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter 4-

35. A cannabis concentrate is not considered food, as defined by Section 109935 of the State Health & Safety Code, or drug, as defined by Section 109925 of the State Health & Safety Code.

“Cannabis Product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Cannabis Retailer” or “R etailer” or “D ispensary” means a location where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including a cannabis retailer establishment that delivers cannabis and cannabis products.

“Caregiver” or “Primary Caregiver” has the same meaning as that term is defined in Section 11362.7 of the State Health & Safety Code.

“City” means the City of Lynwood.

“City Attorney” means the City Attorney of the City of Lynwood or his or her designee(s).

“City Council” means the City Council of the City of Lynwood.

“City Manager” means the City Manager of the City of Lynwood or his or her designee(s).

“Commercial Cannabis Activity” has the same meaning as defined in Chapter 4- 34 of the City Municipal Code

249

5 “Commercial Cannabis Business” has the same meaning as defined in Chapter 4- 34 of the City Municipal Code.

“County” means the County of Los Angeles.

“Customer” means a natural person twenty -one (21) years of age or over or a natural person eighteen (18) years of age that is a qualified patient or primary caregiver.

“Day Care Center” or “Childcare Facility” means a facility, other than a family day care home, serving infant, toddler, preschool, and school age children, licensed by the State Department of Social Services pursuant to Section 1596.951 of the State Health & Safety Code. Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State Business & Professions Code, this definition of “Day Care Center” under this Chapter 4-35 shall override the definition of “ Day Care Center” in MAUCRSA at Section 26001 of the State Business & Professions Code.

“Delivery” has the same meaning as defined in Chapter 4-34 of the City Municipal Code.

“Edible Cannabis Product” means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the State Food & Agriculture Code. An edible cannabis product is not considered food, as defined by Section 109935 of the State Health & Safety Code, or drug, as defined by Section 109925 of the State Health & Safety Code. An edible cannabis product shall not be deemed to be adulterated pursuant to Section 26131 of the State Business & Professions Code solely because it contains cannabis.

“Employee” means each natural person employed by a cannabis retailer who is a part- time, full-time, temporary, or permanent employee.

“Gross receipts” means, except as otherwise specifically provided herein, whether designated as a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits , and property of any kind or nature) received or payable for sales of goods, wares, or merchandise without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor, or service costs, interest paid or payable, losses, or any other expense whatsoever.

However, the following shall be excluded from gross receipts:

a. Cash discounts where allowed and taken on sales;

b. Any tax required by law to be included in or add ed to the purchase price and collected from the consumer or purchaser;

250

6 c. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;

d. Receipts derived from the occasional sale of used, obsolete, or surplus trade fixtures, machinery, or other equipment used by the taxpayer in the regular course of the taxpayer’s business;

e. Cash value of sales, trades, or transactions between departments or units of the same business;

f. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar; and

g. Any proceeds resulting from a transfer or change of ownership or control in the business.

“Labor Peace Agreement” means an agreement between a cannabis retailer and any bona fide labor organization that, at a minimum, protects the City’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with a cannabis retailer. This Agreement means that the cannabis retailer has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the cannabis retailer ’s employees. The Agreement shall provide a bona fide labor organization access at reasonable times to areas in which the cannabis retailer ’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment.

“Licensing Authority” means a State agency responsible for the issuance, renewal, or reinstatement of State license, or a State agency authorized to take disciplinary action against a State licensee.

“Liquid Assets” means assets that can be readily converted into cash. “Liquid asset s” include, but are not limited to, the following: funds in checking or savings accounts, certificates of deposit, money market accounts, mutual fund shares, publicly traded stocks, and United States savings bonds. “Liquid assets” does not mean household items, furniture and equipment, vehicles, cannabis or cannabis products, business inventory, or real property and improvements thereto.

“Manager” means any individual who will be participating in the direction, control, or management of an applicant or a permittee, including but not limited to, any (i) manager or managing member or other officer of a limited liability company applicant or permittee 251

7 or (ii) president, chief executive officer, secretary, treasurer, chief financial officer, or other officer of a for profit corporation applicant or permittee.

“Marijuana” means “cannabis” as that term is defined in this Chapter 4-35.

“MAUCRSA” means Division 10 (commencing with Section 26000) of the State Business and Professions Code and any regulations promulgated thereunder.

“Ordinance” means The Lynwood Cannabis Retail Sales Regulation and Public Safety Ordinance.

“Owner” means any of the following:

a. A person owning in the aggregate equity interests representing twenty (20) percent or more of the voting power of all outstanding equity in the applicant or a permittee;

b. The president, chief executive officer, secretary, treasurer, or chief financial officer of a nonprofit applicant or permittee; or

c. A member of the board of directors of a nonprofit applicant or permittee.

Notwithstanding the above, every applicant and permittee must have at least one individual person designated as an “owner” for the purpose of compliance with this Chapter 4-35, including the review and evaluation of any retail cannabis business permit application.

“Panic Button” means a n emergency electronic contact device which allows an employee in the event of an ongoing crime, threat, or other emergency to alert a security guard responsible for providing immediate on-scene assistance.

“Patient” or “Qualified Patient” means a natural person who is entitled to the protections of Section 11362.5 of the State Health & Safety Code and includes a person issued an identification card issued pursuant to Article 2.5 of Chapter 4-35 of Division 10 of the State Health & Safety Code.

“Permittee” means the holder of a valid, City-issued retail cannabis business permit.

“Person” means an individual/natural person, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

“Person With An Identification Card” shall have the meaning given to that term in Section 11362.7 of the State Health & Safety Code.
252

8 “Premises” means the designated structure or structures and land specified in the retail cannabis business permit application that is owned, leased, or otherwise hel d under the control of the applicant or permittee where cannabis retail sales will be or is conducted.

The premises shall be a contiguous area and shall only be occupied by one permittee.

“Public Park” means an outdoor premises containing existing or proposed parks, including community parks, neighborhood parks, mini -parks, and urban parks that are currently or proposed to be owned or operated by the City or other governmental agency. “Public Park” shall not include any youth center.

“Retail Cannabis Business Permit ” means a regulatory permit/license issued by the City pursuant to this Chapter 4-35 to a cannabis retailer and is required before any cannabis retail sales may be conducted in the City and is made expressly contingent upon the cannabis retailer’s ongoing compliance with all of the requirements of this Chapter 4- 35 and any regulations adopted by the City governing cannabis retail sales.

“Retail Sale(s)” or “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.

“Sale” means any sale, exchange, or barter or other transaction for any consideration.

“School” means as evidenced by the State Department of Education school directory, a public school instructing children in grades kindergarten through 12, as authorized by the State Department of Education or a private school instructing children in grades kindergarten through 12 that has filed a verification of private school affidavit with the State Department of Education pursuant to Section 33190 of the State Education Code, excluding any private school in which education is primarily conducted in a private home.

Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State Business & Professions Code, this definition of “school” under this Chapter 4-35 shall override the definition of “school” used in MAUCRSA or Section 11362.768 of the Health & Safety Code.

“State” means the State of California.

“State License” means a permit or license issued by the State, or one of its departments or divisions, under MAUCRSA and any subsequent State legislation regarding the same to engage in cannabis retail sales.

“Topical Cannabis” means a cannabis product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the State Health & Safety Code.

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9 “Youth Center” means any facility that is operated by a public agency or nonprofit entity with the sole purpose of providing educational and/or recreational services to minors. “Youth center” shall not include (a) any public park, (b) any private martial arts, yoga, ballet, music, or similar studio of this nature, or (c) any private athletic training facility, pizza parlor, restaurant, video arcade, dentist office, or doctor’s office primarily serving children. Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State Business & Professions Code, this definition of “youth center” under this Chapter 4-35 shall override the definition of “youth center” in MAUCRSA at Section 26001 of the State Business & Professions Code.

4-35.4: Retail Cannabis Business Permit Required.

a. No person shall operate a cannabis retailer or engage in cannabis retail sales within the City unless such business or activity is currently in compliance with all applicable State and local laws, rules, and regulations and the cannabis retailer has all of the following:

1. A valid City business license to conduct such business or activity;

2. A valid retail cannabis business permit issued by the City pursuant to this Chapter 4-35 to conduct such business or activity;

3. A valid State license authorizing such business or activity in the City; and

4. A valid certificate of occupancy issued by the City’s Building & Safety Division to conduct the cannabis retail sales at the premises identified in the retail cannabis business permit.

4-35.5: Number of Authorized Cannabis Retailers Permitted.

a. The City Council may award up to six retail cannabis business permits within the City.

b. Nothing in this Chapter 4 -35 creates a mandate that the City must authorize any specific number of retail cannabis businesses permits. The City reserves the discretion to determine that it is in the best interest of the C ity to not issue the full number of retail cannabis business permits authorized in this Sectio n 4-35.5 or to reduce the number of retail cannabis business permits authorized in this Section 4-35.5. However, the City may not increase the number of retail cannabis business permits authorized in this Section 4-

35.5, except as required by (i) a judicial remedy or (ii) a vote of the people of the City.

4-35.6: Location and Design Requirements for Cannabis Retailers.

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10 Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State Business & Professions Code and overriding the location and design requirements contained in Section 26054(b) of the State Business & Professions Code, cannabis retailers in the City shall be subject to the following location and design requirements:

a. Cannabis retailers shall be a permitted use subject to this Chapter 4-35 on property (1) located more than six-hundred-fifty (650) feet from any school or day care center, (2) located more than nine-hundred-fifty (950) feet from any public park or youth center, and (3) zoned: C- 2A (Medium Commercial District), C- 3 (Heavy Commercial District), or M (Manufacturing District), including any overlay zones, in particular any SPA (Specific Plan Area) covering the C-2A (Medium Commercial District), C-3 (Heavy Commercial District), or M (Manufacturing District)

b. T he distances specified in this Secti on 4-35.06 shall be the horizontal distance measured in a straight line from the parcel line of the sensitive use to the closest parcel line of the lot on which the cannabis retailer is to be located without regard to intervening structures.

c. Each cannabis retailer shall:

1. Be constructed in a manner that prevents odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. Odors from the cannabis retailer shall not be detectable from outside the premises and adequate odor control technology shall be utilized;

2. Be provided with adequate electricity, sewerage, disposal, water, fire protection, and storm drainage facilities for the intended purpose; and

3. P rovide and maintain a neighborhood compatibility plan so the City Manager or designee(s) may find that the cannabis retailer and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.

4-35.7: Cannabis Retailer Application Procedure.

a. T he City Manager, pursuant to Section 4-35.22, shall, as a ministerial duty, make available the necessary forms, adopt any necessary application rules for the submission, intake, review, and approval of retail cannabis business permit applications for retailers up to the number of retail cannabis business permits authorized in Section 4-35.5.

b. The City Manager shall, as a ministerial duty, cease acceptance of retail cannabis business permit applications thirty (30) days after making available the necessary forms 255

11 and adopting any necessary application rules for the submission, intake, review, and approval of retail cannabis business permit applications for retailers.

c. The City Manager shall , as a ministerial duty, review timely submitted retailer applications for the following minimum requirements:

1. Payment of a non-refundable application fee established by resolution of the City Council;

2. Sufficient evidence of the legal right to use the proposed property for the proposed use, to include ownership, a lease, sublease, purchase agreement, assignment of purchase agreement, or lease or purchase option, in the name of the applicant, which may include nominal consideration and be contingent upon issuance of a retail cannabis business permit or other approvals. The City shall only consider one applicant per County Assessor’s Identification Number. In the event that more than one applicant applies for a retail cannabis business permit application at a given property address or a given County Assessor’s Identification Number , the City Manager shall, as a ministerial duty, only accept the retail cannabis business permit application with the earliest effective date for the evidence of the legal right to use the proposed property for the proposed use in the name of the applicant;

3. Sufficient evidence to demonstrate that the proposed property complies with location and zoning requirements in Section 4-35.6;

4. Proof of funds showing that the A pplicant has access and control of over $1,000,000.00 in liquid assets (which such liquid assets having been under possession for at least ninety (90) days prior to the date of the application submission under this Section), which may be shown via a binding legal agreement in the name of the Applicant such as a promissory note so long as said legal agreement is accompanied by a proof of funds in the name of a party to the agreement so long as that demonstrates access and control of over $1,0 00,000.00 in liquid assets under possession for at least ninety (90) days prior to the date of the application submission un der this Section. Applicants and Permittees shall not be required to show that the Applicant or Permittee has access and control of over $1,000,000.00 in liquid assets except on initial application pursuant to this Section 4-35.7, a change in location application pursuant to Section 4-35.13, or an ownership transfer application pursuant to Section 4-35.14;

5. A set of plans, including a site development plan, floor plan( s), building elevations (all four (4) sides), and a concept ual landscape plan with the percentage of landscaping in the parking lot, setback areas, and tree size and species;

6. Colored interior and elevation renderings;

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12 7. A completed background check application and receipt for each owner and manager of the Applicant pursuant to Section 4-35.18(l); and

8. The following application components: (a) Qualifications of the Applicant’s owners and managers ; (b) plans, renderings, and overall location; ( c) business and operations plan; (c) (d)security plan; (d) (e) safety plan; (e) (f) neighborhood compatibility plan; (f) (g) labor and employment plan; and (g) (h) community benefits plan.

The City Manager shall, as a ministerial duty, reject any retail cannabis business permit application that fails to meet the minimum requirements contained in this Subsection c, and applicants shall not have the right to supplement or amend their retail cannabis business permit applications once the City Manager has closed the window to submit an application.

d. T he City Manager shall , as a ministerial duty review and score any complete applications pursuant to the following objective review criteria, according to the following quantitative evaluation scale that holds a total criteria value of 1,000 points:

1. Qualifications of the Applicant’s Owners and Managers – 200 points

The City Council finds that a proven track -record of (i) business operations providing services or operating in the City or (ii) cannabis retailer operations experience, wherever performed, that successfully generate tax revenue carries out the purpose and intent of the Ordinance and are, therefore, critical for an applicant to demonstrate the qualifications of the Applicant’s Owners and Managers. Accordingly, 150 of the 200 points awardable under this Subsection 1 shall only be awarded, as a ministerial duty, (i) if an owner or owners of the Applicant with an aggregate ownership interest of fifty-one (51) percent or more is currently at the time of application submission under this Section and since at least February 1, 202 0, the President, CEO, or limited liability company manager of a business that provides (or has provided) services or operates (or has operated) in the City and that has generated at least $8 ,000,000.00 in annual gross receipts as demonstrated by the most recent tax payment receipts from, tax filings to, or tax returns filed by the business with a city, county, state, of the federal government or by a letter from a certified public accountant attesting to the business ’s gross receipts or (ii) if an owner or owners of the A pplicant with an aggregate ownership interest of fifty -one (51) percent, is currently at the time of application submission under this Section an owner or owners with an aggregate ownership interest of fifty-one (51) percent of (or is an owner as a result of being the chief executive officer of a nonprofit entity of) a single licensed and lawfully operating commercial cannabis retailer operation (excluding any non-retailer microbusiness, cultivation, manufacturing, distribution, or other non- retailer commercial cannabis operation components) that has generated at least $5,000,000.00 in gross receipts in a consecutive six-month period in the year immediately preceding the date of the application submission under this Section, as demonstrated by tax payment receipts 257

13 from, tax filings to, or tax returns filed with a city, county, or state or by a letter from a certified public accountant attesting to the cannabis retailer’s gross receipts.

The remaining 100 50 of the 2 00 points awardable under this Subsection 1 shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

a. Up to 50 points – A d escription of the Applicant’s owner (s) and manager (s) qualifications detailing any experience operating cannabis retailers in any jurisdiction where cannabis retailers are permitted or special business or professional qualifications or licenses of the applicant’s owner (s) and manager(s) that would add to the quality of services that the cannabis retailer would provide, including in areas related to cannabis, such as legal, finance, business ownership/administration, waste management, real estate development, scientific, or healthcare or wellness fields.

2. Plans, renderings, and overall location – 150 points

The City Council finds that the further a cannabis retailer is located away from youth centers, the better a cannabis retailer will carry out the purpose and intent of the Ordinance (in particular the use of land to protect the City’s neighborhoods, residents, and businesses from negative impacts) and that the sensitive use buffer for youth centers contained in Section 4- 35.6 is a minimum rather than an ideal distance to carry out the purpose and intent of the Ordinance. Accordingly, 75 of the 150 points awardable under this Subsection 2 shall only be awarded, as a ministerial duty, if an Applicant’s proposed cannabis retailer is located on property located more than one- thousand five-hundred (1,500) feet from any youth centers identified and measured pursuant to Section 4-35.6 above and Section 14 of the Ordinance.

The remaining 75 of the 150 points awardable under this Subsection 2 shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

(a) Up to 10 points – A premise diagram in accordance with Section 5006 of Division 42 of Title 16 of the State Code of Regulations.

(b) Up to 10 points – A site development plan that provides information on existing conditions and proposed improvements to the site and how it meets or will meet the development standards outlined in Chapter 25 of the City Municipal Code , including adequate parking. Information on existing conditions shall include:

1) Exterior photographs showing all sides of any existing structure(s);

2) Photographs of existing parking areas, landscaping, trash enclosure, and signage;
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14 3) Information on existing use on the site, including the addresses, uses, and square footages.

4) Photographs of the existing site if the site is vacant; and

5) P hotographs of adjacent properties for context.

(c) Up to 15 points – A floor plan showing information on the existing layout and proposed layout of the building interior.

(d) Up to 20 points – Building elevations that provide information on existing conditions and proposed improvements.

(e) Up to 10 points – A conceptual landscape plan with the percentage of landscaping in the parking lot, setback areas, and tree size and species.

(f) Up to 10 points – Colored interior renderings and exterior elevation renderings (for both existing and/or proposed improvements).

3. Business and operations plan – 100 points

The 75 100 points awardable under this Subsection 3. shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

(a) Up to 5 points – A written description of the total square footage of the facility with estimated square footage of proposed uses.

(b) Up to 10 points – A schedule for beginning operations, including a narrative outlining any proposed construction improvements and a timeline for completion.

(c) Up to 15 points – A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operating costs.

(d) Up to 10 points – A description of the sources(s) of capital and use(s) of capital.

(e) Up to 10 points – Pro forma financial statements for at least three (3) years of operation.

(f) Up to 10 points – A description of the type of products to be sold and the estimated quantity and value of product(s) to be sold. 259

15 (g) Up to 15 points – A description of marketing procedures and tactics.

(h) Up to 5 points – A description of day -to-day operations that should acknowledge both state and local laws and should be consistent with industry best practices.

(i) Up to 5 points – A description of hours of operation and opening procedures.

(j) Up to 5 points – A description of cash handling procedures.

(k) Up to 5 points – A description of inventory control procedures to include identification of point-of-sale systems, and track and trace software.

(l) Up to 5 points – A description of transportation, loadin g and unloading, distribution, or delivery procedures.

4. Security plan – 100 points

The 100 points awardable under this Subsection 4. shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

(a) Up to 20 points – The security plan shall be prepared by a professional security consultant.

(b) Up to 10 points – A premises security diagram.

(c) Up to 50 points – A description of access control, inventory control, cash handling, and other security procedures and security equipment demonstrating compliance with the security requirements under this Chapter 4-35.

(d) Up to 10 points – A description of the intrusion alarm and monitoring system including the name and contact information for the monitoring company.

(e) Up to 10 points – A description of the services of on- site security guards to include the ( 1) number of security guards; ( 2) the hours security guards will be on- site; (3) locations where security will be positioned; and (4) security guard responsibilities.

5. Safety plan – 100 points

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16 The 100 points awardable under this Subsection 5. shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

(a) Up to 20 points – The safety plan shall be prepared by a professional fire prevention and suppression consultant.

(b) Up to 10 points – A premises safety diagram to include ( 1) a description/illustration of evacuation routes and ( 2) location of fire extinguishers and other fire suppression equipment.

(c) Up to 50 points – A description of safety procedures, training for emergency situations, and safety equipment demonstrating compliance with the safety requirements under this Chapter 4-35.

(d) Up to 10 points – Identify all gases, pesticides, and chemicals to be used and their storage locations.

(e) Up to 10 points – A description of the firm alarm and monitoring system including the name and contact information for the monitoring company.

6. Neighborhood compatibility plan – 150 points

The 75 150 points awardable under this Subsection 6. shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

(a) Up to 75 points – A “Good Neighbor Policy” that (1) includes policies and measures in place to protect adjacent uses from any potential impacts (e.g., noise, light, odor, traffic, etc.) related to the proposed cannabis retailer, including addressing parking and traffic impacts and (2) describes how the cannabis retailer and its operating characteristics will be proactively managed so the business is not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding area and will not result in the creation of a nuisance.

(b) Up to 25 points – A description of odor mitigation practices to include:
(1) identifying potential sources of odor; ( 2) a description of odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the permitted premises; and ( 3) all proposed staff odor training and system maintenance.

(c) Up to 25 points – A description of a waste management plan that includes waste disposal locations within the proposed premises and the 261

17 applicant’s security measures and methods of rendering waste unusable and unrecognizable.

(d) Up to 25 points – A description of efforts at
sustainability/environmental impact mitigation.

7. Community benefits plan – 100 points

The City Council finds that monetary donations to support City sponsored activities and programs carry out the purpose and intent of the Ordinance and are, therefore, critical for an applicant to demonstrate an effective community benefits plan. Accordingly, 80 of the 100 points awardable under this Subsection 7. shall only be awarded if the A pplicant pledges to voluntarily provide a public benefit to a public use (or a combination thereof), which is defined as a direct financial contribution equal to one (1) percent of projected gross receipts of the applicant to the following City sponsored programs/causes : (a) senior citizen programs, (b) City beautification efforts, (c) fund for enforcement of illegal cannabis operations, (d) public safety, (e) housing programs, (f) recreation services , (g) infrastructure, (h) general fund, and/or (i) any other proposed City efforts. Beyond the above, no further direct financial contributions shall be considered as part of an applicant’s community benefits plan.

The remaining 20 of the 100 points awardable under this Subsection 7. shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

(a) Up to 10 points – A description of a social responsibility plan to include identification of a community liaison and plans to aide and participate in the work of local non-profits, community-based organizations, civic organizations, or social services organizations.

(b) Up to 10 points – A description of a plan to develop a public health outreach and educational program that outlines the risks of youth use of cannabis and that identifies resources available to youth related to drugs and drug addiction.

8. Labor and employment plan – 100 points

The 100 points awardable under this Subsection 8. shall be awarded, as a ministerial duty, pursuant to the following objective criteria:

(a) Up to 5 points – An organizational chart of showing owners, managers, and employees.

(b) Up to 5 points – A description of the owner’s and manager’s roles in day-to-day operations and decisions.
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18 (c) Up to 5 points – A description of the number of employees, title/position, and their respective responsibilities

(d) Up to 15 points – A description of compensation to employees, opportunities for continuing education, and employee training.

(e) Up to 20 points – A description of whether the cannabis retailer is committed to offering employees a living wage.

(f) Up to 15 points – A description of benefits provided to employees such as health care, vacation, and medical leave, to the degree they are offered as part of employment.

(g) Up to 5 points – A description of a plan to recruit employees from socially and economically disadvantaged backgrounds.

(h) Up to 30 points – A description of a plan to have at least fifty (50) percent of employee positions filled, and hours worked by employees residing in the City.

e. Upon timely receipt of a retail cannabis business permit application, the City Manager shall conduct background checks in accordance with Section 4-35.18(l).

Following review and scoring of complete applications pursuant to objective review criteria under Subsection d. , the City Manager shall, as a ministerial duty, rank all applicants according to their scores received from Subsection d, and schedule meetings with an ad hoc committee formed by the City Council to review and interview up to the top 12 ranked applicants. Following its review and interview of the selected applicants, the ad hoc committee, in conjunction with City staff, shall score and rank the applicants and recommend up to the top 8 applicants for the City Council’s consideration of an award of retail cannabis bus iness permits. Upon receipt of the ad hoc committee’s recommendations, the City Manager shall schedule the consideration of an award of retail cannabis business permits at a meeting of the City Council. The City Council shall consider the applicants in order of their rank as determined by the ad hoc committee. The selected applicants will be afforded the opportunity to make a 5- minute public presentation to the City Council describing each of their retail cannabis business permit applications and addressing the objective review criteria and quantitative evaluation scale in Subsection d. Following the presentations made by the applicants described in this Subsection e., the City Council may issue retail cannabis business permits to applicants up to the number of retail cannabis business permit s authorized in Section 4 -35.5, with the applicants selected for a retail cannabis business permit being issued at the sole discretion of the City Council. In so issuing retail cannabis business permits to applicants up to the number of retail cannabis business permits authorized in Section 4- 35.5 at its sole discretion, the City Council shall have the absolute discretion to (1) award retail 263

19 cannabis business permits in accordance with the ranking order of applicants as determined by the ad hoc committee or in accordance with its own determination following the presentations made by the applicants to the City Council and (2) issue the retail cannabis business permits contingent on the City enacting a legally effective means for taxing cannabis retailers. However, t he City Council shall not issue a retail cannabis business permit to any applicant with an owner or manager that:

1. Provided false or misleading information on the applicant’s retail cannabis business permit application;

2. Has been convicted of (or pled no contest to) “an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made” as that term is defined in 26057(b)(4) of the State Business & Professions Code; or

3. Has been sanctioned by a licensing authority or a city, county, or state for unlicensed commercial cannabis activities or has had a license suspended or revoked under MAUCRSA in the three (3) years immediately preceding the date the application was submitted.

f. Any decision of the City Manager or City Council under this Section 4 -35.7 shall be a final administrative decision not subject to administrative appeal under any provisions of this Chapter 4-35 or any provisions of the City Municipal Code but, rather , subject to judicial review and remedies.

g. In the event that the City Council is ordered to increase the number of retail cannabis business permits issued for retailers by a court of competent jurisdiction as a judicial remedy, the City Manager shall, as a ministerial duty, reinstitute the application procedure under this Section 4-35.7, subject to the number of retail cannabis business permits for retailers authorized and available (not allocated to an active, lawfully operating retailer) for issuance. In the event that the number of active, operating retailers and issued retail cannabis business permits falls below the number of retail cannabis business permits for retailers authorized in Section 4-35.5, the City Council may, at its sole discretion, require the City Manager, as a ministerial duty, to reinstitute the application procedure under this Section 4-35.7, subject to the number of retail cannabis business permits for retailers authorized and available (not allocated to an active, lawfully operating retailer) for issuance. For the purpose of this Section, a retailer shall be considered operating if (1) upon initial issuance of retail cannabis business permit (or approval of a change in location pursuant to Section 4-35.13), the retailer commences lawful operations within twenty-four (24) months (subject to the City Manager providing extensions in his or her reasonable discretion if the permittee can demonstrate that the delay was due to situations beyond its control and/or that significant progress towards establishing the use has been made) or (2) following initial commencement of lawful operations, the retailer does not cease or abandon operations for one- hundred twenty (120) consecutive or 264

20 cumulative days in any one (1) year period. A retailer’s failure to commence lawful operations within twenty -four (24) months or following initial commencement of lawful operations, the retailer abandons operations for one- hundred twenty (120) consecutive or cumulative days in any one (1) year perio d shall be considered a material violation of this Chapter 4-35.

4-35.8: Limitations on the City’s liability.

To the fullest extent permitted by law, the C ity shall not assume any liability whatsoever with respect to having issued a retail cannabis business permit pursuant to this Chapter 4-35 or otherwise approving the operation of any cannabis retailer. As a condition to the approval of any retail cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive a retail cannabis business permit:

a. Execution of an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the C ity, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities, or losses which arise out of, or which are in any way related to, the C ity’s issuance of the retail cannabis business permit, the City’s decision to approve the operation of the cannabis retailer or activity, the process used by the City in making its decision, or the alleged violation of any federal, State, or local laws by the cannabis retailer or any of its officers, employees, or agents. This obligation shall commence immediately upon the City’s selection of an applicant for a retail cannabis business permit.

b. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Attorney.

c. Defend and indemnify the City for all costs and expenses, including but not limited to attorneys’ fees and court costs, that the City may be required to pay as a result of any legal challenge related to the C ity’s approval of the applicant ’s retail cannabis business permit or related to the C ity’s approval of a cannabis retail sales. In such instance, the City shall have the right to choose the defense counsel to represent the City at the sole expense of the permittees. A permittee’s failure to pay the City its proportional share of costs within forty-five (45) days following the City providing the permittee notice of the City’s exercise of its indemnity rights herein shall be considered a material violation of this Chapter 4-35. This obligation shall commence immediately upon the City’s selection of an applicant for a retail cannabis business permit.

4-35.9: Retail Cannabis Business Permit Term.

a. Subject to this Section 4-35.9 and Section 4-35.10, the term of each retail cannabis business permit shall be ten (10) years, unless the permit is revoked by the City for any reason authorized by this Chapter 4-35. Each permit may be extended for two additional 265

21 years twice administratively by the City Manager. Permits that are extended twice administratively may request an extension of up to ten (10) years by application to the City Council. The process for requesting such extensions shall be approved by the City Council by resolution prior to the expiration of the initial ten (10) year term.

b. Upon the one (1) year anniversary of the date of issuance for each retail cannabis business permits and each year thereafter, the City Manager shall conduct a performance review of the permittee to assess compliance with the requirements of this Chapter 4-35.

Within thirty (30) days of the conclusion of the annual performance review of the permittee, the City Manager shall issue a letter of compliance or noncompliance outlining all items to be corrected to ensure full compliance. In the event of any noncompliance, the permittee shall have sixty (60) days to remedy such noncompliance. However, in the event such noncompliance items cannot be remedied within sixty (60) days, such noncompliance items shall not constitute a material violation of any law and/or any rule, regulation, and/or standard adopted pursuant to this Chapter 4-35 subject to suspension or revocation under Section 4 -35.10 if the permittee commences correction of such noncompliance items within sixty (60) days and thereafter diligently prosecutes correction of such noncompliance items to completion. The City Manager shall have the final discretion and authority to determine whether a permittee is working diligently to correct all noncompliance items in a timely manner.

c. The permittee shall pay a non-refundable fee in an amount to be set by the City Council via resolution to cover the costs of conducting the performance review, together with any costs incurred by the City to administer the program created under this Chapter 4-35.

4-35.10: Suspension and Revocation of Retail Cannabis Business Permits.

a. The City Manager may suspend or revoke a retail cannabis business permit at any time for any material violation of any law and/or any rule, regulation, and/or standard adopted pursuant to this Chapter 4-35.

b. Suspension or revocation of a State license issued by the State or by any of its departments or divisions, corresponding to the ret ail cannabis business permit shall immediately result in the suspension of the associated retail cannabis business permit until the State, or its applicable department or division, reinstates the State license or otherwise lifts such suspension.

c. A permittee shall inform the City Manager or designee(s) of any suspension, revocation, or termination of a State license corresponding to its retail cannabis business permit within five (5) business days of the suspension, revocation, or termination of the State license.

4-35.11: Appeals Regarding Retail Cannabis Business Permits. 266

22 a. Within ten (10) calendar days after the date of a decision of the City Manager to revoke or suspend an issued retail cannabis business permit, deny a change in location application, or deny a change in ownership application, an aggrieved Party may appeal such action to the City Council by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. An appeal shall stay all proceedings in furtherance of the appealed action.

b. At the time of filing, the appellant shall pay the designated, non-refundable appeal fee established by resolution of the City Council.

c. Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Council. The City Council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the City.

d. The appeal shall be held within a reasonable time after filing the appeal, but in no event later than ninety (90) days from the date of such filing. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing.

e. At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing.

f. At the conclusion of t he hearing, the City Council may affirm, reverse, or modify the decision appealed. The decision of the City Council shall be a final administrative decision, subject to judicial review and remedies.

4-35.12: Change in Location; Updated Application Information.

a. A permittee may change the business location specified in a retail cannabis business permit upon submission and approval of a change in location application promulgated, as a ministerial duty, by the City Manager pursuant to regulations adopted under Section 4 -35.22. The permittee shall pay a non-refundable application fee established by resolution of the City Council to cover all costs incurred by the City in the review and processing of change in location applications. Upon submission of a change in location application by a permittee, the City Manager shall, as a ministerial duty, complete processing of such change in location application. If a change in location application is incomplete or the proposed changed location contained therein does not comply with location and zoning requirements in Section 4-35.6 and this Section, the City Manager shall, as a ministerial duty, deny the change in location application. If a change in location application is complete and the proposed changed location contained therein complies with location and zoning requirements in Section 4-35.6 and this Section , the City Manager shall, in his or her sole discretion, approve or deny the change in location application. In the event the City Manager denies a change in location application, the 267

23 permittee may appeal the City Manager’s denial to the City Council pur suant to Section 4-35.11.

b. In addition to the location and zoning requirements in Section 4 -35.6, a permittee may not change the business location specified in a retail cannabis business permit to any property located one- thousand (1,000) feet or less from any cannabis retailer permitted under this Chapter 4-35. The distance specified in this Subsection b. shall be the horizontal distance measured in a straight line from the parcel line of the cannabis retailer permitted under this Chapter 4-35 to the closest parcel line of the lot on which the cannabis retailer is proposed to be located without regard to intervening structures.

c. An applicant or permittee shall notify the City Manager or designee(s) within fifteen (15) calendar days of any material change in the information provided in the applicant or permittee’s retail cannabis business permit application or any change in status of compliance with the provisions of this Chapter 4-35, including any change in the cannabis retailer ownership or management.

4-35.13: Transfer of a Retail Cannabis Business Permit.

a. An owner of a retail cannabis business permit shall not transfer ownership or control of such permit to another person unless and until the permittee and transferee(s) obtain an amendment to the permit from the City Manager stating that the transferee(s) is now an owner of the permittee. A permittee may change the ownership specified in a retail cannabis business permit upon submission of a change in ownership application promulgated, as a ministerial duty, by the City Manager pursuant to regulations adopted under Section 4-35.22 within one-hundred eighty (180) days following the effective date of this Chapter 4-35. The permittee shall pay a non-refundable application fee established by resolution of the City Council to cover all costs incurred by the City in the review and processing of change in ownership applications. Upon submission of a change in ownership application by a permittee, the City Manager shall, as a ministerial duty, complete processing of such change in ownership application. If a change in ownership application is incomplete or the proposed transferee(s) contained therein do not pass the background check(s) required under this Chapter 4 -35, the City Manager shall, as a ministerial duty, deny the change in ownership application. If the cumulative (i.e., including the change in ownership of the permittee from previous change in ownership applications) change in ownership of the permittee is less than twenty-five and one-tenth (25.1) percent from the ownership percentages contained in the permittee’s original retail cannabis business permit application and the proposed transferee(s) contained therein pass the background check(s) required under this Chapter 4 -35, the City Manager shall, as a ministerial duty, approve the change in ownership application.

If the cumulative ( i.e., including the change in ownership of the permittee from previous change in ownership applications) change in owners hip of the permittee is twenty -five and one-tenth (25.1) percent or more and less than fifty (50) percent, the City Manager shall, in his or her sole discretion, approve or deny the change in ownership application. 268

24 In the event the City Manager denies a c hange in ownership application, the permittee may appeal the City Manager’s denial to the City Council pursuant to Section 4-35.11. If the cumulative ( i.e., including the change in ownership of the permittee from previous change in ownership applications) change in ownership of the permittee is fifty (5 0) percent or more from the ownership percentages contained in the permittee’s original retail cannabis business permit application and the proposed transferee(s) contained therein pass the background check(s) required under this Chapter 4-35, the City Manager shall, as a ministerial duty, schedule a public hearing before the City Council within thirty (30) days of completed processing, and following the public hearing, the City Council shall, in its sole discretion, approve or deny the change in ownership application.

b. Notwithstanding Subsection (a), n o retail cannabis business permit may be transferred when the City Manager has notified the permittee that its retail cannabis business permit has been or may be suspended or revoked.

c. Any attempt to transfer a retail cannabis business permit either directly or indirectly in violation of this Section 4-35.13 is hereby declared void, and such an unpermitted transfer shall be deemed a ground for revocation of the permit.

4-35.14: Records and recordkeeping.

a. Each cannabis retailer shall maintain accurate books and records in an electronic format, which detail all revenues and expenses of the business, including, but not limited to, all of its assets and liabilities. On no less than an annual basis (at the time of performance review of a retail cannabis business permit issued pursuant to this Chapter 4-35), or at any time upon reasonable request of the City, each cannabis retailer shall file a sworn statement detailing the number of sales by the cannabis retailer during the previous 3-month period (or shorter period based upon the timing of the request) detailing sales for each month within such period in question. The statement s hall also include gross sales for each month and all applicable taxes paid or due to be paid. On an annual basis, each cannabis retailer shall submit to the C ity a financial audit of the business ’s operations conducted by an independent certified public accountant. The City may perform its own annual independent financial audit and charge the retailer for such cost incurred by the City. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager.

b. Each cannabis retailer shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis retailer and, separately, the same contac t information of all officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis retailer . The register required by this Subsection shall be provided to the City Manager upon a reasonable request.

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25 c. Each cannabis retailer shall maintain a record of all purchases and sales of cannabis and cannabis products for a period of no less than seven (7) years.

d. All cannabis retailers shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products.

e. Subject to any applicable restrictions under the Health Insurance Portability & Accountability Act ( “HIPAA”) regulations, each cannabis retailer shall grant the City Manager access to the business’s books, records, accounts, together with any other data or documents relevant to its operation, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents shall be produced no later than ten (10) business days after receipt of the City Manager ’s request for such data, unless otherwise stipulated by the City Manager. The City Manager may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.

4-35.15: Security Measures.

a. A cannabis retailer shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis retailer. Except as may otherwise be determined by the City Manager, these security measures shall include, but are not limited to the following:

1. Preventing individuals from remaining on the premises of the cannabis retailer if they are not engaging in an act ivity directly related to the permitted operations of the cannabis retailer.

2. Establishing limited access areas accessible only to authorized cannabis retailer personnel.

3. All cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products shall be kept in a manner designed to prevent diversion, theft, and loss.

4. Installing twenty -four-hour security surveillance cameras of at least HD - quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis retailer , which are open and accessible to the public, all interior spaces where cannabis, cash or currency is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably occur.

The cannabis retailer shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the City Manager , and that it is compatible with the C ity's software and hardware. Video recordings shall be maintained for a 270

26 minimum of ninety (90) days and shall be made available to the City Manager upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis retailer.

5. Sensors shall be installed to detect entry and exit from all secure areas.

6. Panic buttons shall be installed in all cannabis retailers.

7. Having a professionally installed, maintained, and monitored alarm system.

8. Any bars installed on the windows or the doors of the cannabis retailer shall be installed only on the interior of the building.

9. The premises shal l be live monitored twenty-four (24) hours a day unless the cannabis retailer has an alternative security program authorized by the City Manager.

Security personnel must be licensed by the State Bureau of Security & Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, which shall not be unreasonably withheld.

10. Additional security measures may be added through the review of a retail cannabis business permit application.

b. Each cannabis retailer shall identify a designated security representative or liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues.

c. Each cannabis retailer (including as part of the retail cannabis business permit application process) shall have a storage and transportation plan and currency management plan, which describes in detail the procedures for safely and securely storing, disposing and transporting all cannabis, cannabis products, and any currency.

d. The cannabis retailer shall cooperate with the C ity whenever the City Manager makes a request, upon reasonable notice to the cannabis retailer, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter 4-35.

e. A cannabis retailer shall notify the City Manager within twenty-four (24) hours after discovering any of the following:

1. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager.

2. Diversion, theft, loss, or any criminal activity involving the cannabis retailer or any agent or employee of the cannabis retailer.

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27 3. The loss or unauthorized alteration of records related to cannabis and cannabis products or registering customers or employees and/or agents of the cannabis retailer.

4. Any other breach of security.

4-35.16: Restriction on Alcohol and Tobacco Sales.

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the cannabis retailer.

4-35.17: Fees and charges.

a. No person may commence or continue any cannabis retail sales in the City without timely paying in full all fees and charges required for the operation of a cannabis retail sales. Fees and charges associated with the operation of such activity shall be established by resolution of the City Council which may be amended from time to time.

b. All cannabis retailers authorized to operate under this Chapter 4-35 shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, State, and local law. Each cannabis retailer shall cooperate with City with respect to any reasonable request to audit the cannabis retailer’ books and records for the purpose of verifying compliance with this S ection 4-35.20, including, but not limited to, a verification of the amount of taxes required to be paid during any period.

4-35.18: General operating requirements.

a. Cannabis retailers may operate only during the hours specified in the retail cannabis business permit issued by the City and must comply with State law at all times.

b. Cannabis shall not be consumed on the premises of any cannabis retailer.

c. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a retail cannabis business permit or on any of the vehicles owned or used as part of the cannabis retailer.

No outdoor storage of cannabis or cannabis products is permitted at any time.

d. Each cannabis retailer shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis retailer including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), and other information which may be deemed necessary by the C ity. The cannabis retailer shall ensure that such information is compatible with the C ity’s record- keeping systems as well as the State Mandated Track and Trace requirements and systems. In addition, the system must have the capability to produce historical 272

28 transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by a permittee.

e. All cannabis and cannabis products sold and/or distributed shall be cultivated, manufactured, and distributed by licensed facilities that maintain operations in full conformance with the S tate and local regulations. The packaging and labeling of cannabis and cannabis products shall comply at all times with State law.

f. There shall not be a physician located in any cannabis retailer at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendations.

g. Each cannabis retailer shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.

h. Signage and Notices.

1. In addition to the requirements otherwise set forth in this S ection 4-35.18, business identification signage for a cannabis retailer shall conform to the requirements of the City Municipal Code, including, but not limited to, seeking the issuance of a C ity sign permit.

2. No signs placed on the premises of a cannabis retailer shall obstruct any entrance or exit to the building or any window.

3. Each entrance to a cannabis retailer shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises, or in the areas adjacent to the premises, is prohibited.

4. The entrance to the cannabis retailer shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the cannabis retailer , other than as lawful customers permitted under State law.

i. Other than as lawful customers permitted under State law in the case of retailers, individuals under the age of twenty-one (21) years shall not be allowed on the premises of a cannabis retailer and shall not be allowed to serve as a driver for a cannabis retailer.

It shall be unlawful and a violation of this Chapter 4-35 for any person to employ any person at a cannabis retailer who is not at least twenty-one (21) years of age.

j. Odor control devices and techniques shall be incorporated in all cannabis retailers to ensure that odors from cannabis are not detectable off -site. Cannabis retailer s shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated 273

29 inside the cannabis retailer that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis retailer.

k. The original copy of the retail cannabis business permit issued by the City pursuant to this Chapter 4-35 and the C ity issued business license shall be posted inside the cannabis retailer in a location readily visible to the public.

l. Pursuant to Sections 11105(b)(11) and 13300(b)(11) of the State Penal Code, which authorizes C ity authorities to access S tate and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee , or volunteer of the cannabis retailer must submit fingerprints and other information deemed necessary by the City Manager for a background check. Pursuant to Sections 11105(b)(11) and 13300(b)(11) of the State Penal Code, which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a retail cannabis business permit unless they have first cleared the background check, as determined by the City Manager, as required by this Chapter 4-35. A non-refundable fee for the cost of the background investigation, which shall be the actual cost to the C ity to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a retail cannabis business permit is submitted.

m. The cannabis retailer shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.

n. Within sixty (60) days of licensure, for a permittee with twenty (20) or more employees, the permittee shall attest to the City that the permittee has entered into a Labor Peace Agreement and will abide by the terms of the A greement. The permittee shall submit a copy of the page of the Labor Peace A greement that contains the signatures of the labor representative and the applicant. For permittees with less than twenty (20) employees who have not yet entered into a Labor Peace A greement, the permittee shall provide a notarized statement indicating that the applicant will enter into and abide by the terms of a Labor Peace Agreement within thirty ( 30) days after employing twenty (20) employees. If an attestation that the permittee is party to a Labor Peace Agreement, and a copy of the page of the Labor Peace Agreement that contains the signatures of the labor representative was submitted to the City by the permittee as part of the application process, that will meet this obligation.

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30 o. Cannabis retailers shall implement a workforce plan that includes at least the following provisions:

1. Commitment for thirty (30) percent of employees to be local hires; this local hiring requirement is satisfied when a cannabis retailer shows that it has either hired or made a good faith effort to hire bona fide residents of the City or persons that may establish residency after initial employment with the permittee;

2. Commitment to offer apprenticeships and/or compensation for continuing education in the field of cannabis retail sales; and

3. Paying a living wage to employees. “Living wage” means compensation equivalent to $20 per hour inclusive of benefits but excluding tips.

p. It shall be unlawful for a cannabis retailer to discriminate in any manner or take adverse action against any employee in retaliation for exercising rights protected und er this Chapter 4-35 or City or State law. These rights include, but are not limited to (1) the right to file a complaint or inform any person about any party’s alleged noncompliance with this Chapter 4-35 or City or State law and (2) the right to inform any person of his or her potential rights under this this Chapter 4-35 or City or State law and to assist him or her in asserting such rights. Protections under this this Chapter 4-35 or City or State law shall apply to any employee who mistakenly, but in good faith, alleges noncompliance with this this Chapter 4-35 or City or State law. Taking adverse action against an employee within ninety (90) days of the employee’s exercise of rights protected under this Chapter 4-35 or City or State law shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.

4-35.19: Additional Operational Requirements in General.

The City Manager may, pursuant to Section 4-35.22, develop additional cannabis retailer operational requirements or regulations for the retail sale of cannabis and cannabis products in the City as are determined to be necessary to protect the public health, safety, and welfare.

4-35.20: Additional Operating Requirements.

a. Retailers and the operation thereof shall comply with State law at all times.

b. Prior to dispensing medicinal cannabis or medicinal cannabis products to a qualified patient, a retailer shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years and obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or identification card as described in Sections 11362.71 275

31 through 11362.77 of State Health & Safety Code, as may be amended from time to time, on site for period of not less than seven (7) years.

c. Prior to dispensing cannabis or cannabis products to an adult -use customer, a retailer shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of twenty-one (21) years.

d. All restroom facilities shall remain locked and under the control of managers onsite.

e. A retailer shall notify customers (verbally or by written agreement) and by posting of a notice or notices conspicuously in at least 15-point type within the permitted premises that state as follows:

1. “The sale or diversion of cannabis or cannabis products without a license issued by the City of Lynwood is a violation of S tate law and the Lynwood Municipal Code.”

2. “Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest."

3. “Customers must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance."

4. “WARNING: The use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate heavy machinery.”

5. “CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis- derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer and reproductive harm.”

4-35.21: Additional Operating Requirements For Delivery.

a. Delivery shall comply with State law at all times.

b. Security plans developed pursuant to this Chapter 4-35 shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit.

c. A retailer shall facilitate the delivery of cannabis or cannabis pro ducts with a technology platform owned by or licensed to the delivery -only retailer that uses point-of- sale technology to track and database technology to record and store the following 276

32 information for each transaction involving the exchange of cannabis or cannabis products between the retailer and customer:

1. The identity of the individual dispensing cannabis or cannabis products on behalf of the permittee;

2. The identity of the customer receiving cannabis or cannabis products from the permittee;

3. The type and quantity of cannabis or cannabis products dispensed and received;

4. The gross receipts charged by the permittee and received by the individual dispensing cannabis or cannabis products on behalf of the permittee for the cannabis or cannabis products dispensed and received; and

5. The location or address where the sale or retail sale took place or closed.

d. A permittee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct delivery, and a copy of the valid State driver’s license issued to the driver of any such vehicle on behalf of the retailer to the City Manager.

e. Individuals making deliveries of cannabis or cannabis products on behalf of the retailer shall maintain a physical copy of the delivery request (and invoice) and shall make it available upon the request of agents or employees of the C ity requesting documentation.

f. During delivery, a copy of the permittee’s retail cannabis business permit and State license shall be in the vehicle at all times, and the driver shall make it available upon the request of agents or employees of the City requesting documentation.

g. A retailer shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is ( 1) insured at or above the legal requirement in the State; ( 2) capable of securing (locking) the cannabis or cannabis products during transportati on; (3) capable of being temperature controlled if perishable cannabis or cannabis products is being transported; and (4) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis deliver y or affiliated with a retailer.

h. A retailer shall facilitate deliveries with a technology platform owned by or licensed to the retailer that uses global positioning system technology to track, and database technology to record and store the following information:

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33 1. The time that the individual conducting delivery on behalf of the retailer departed the licensed premises.

2. The time that the individual conducting delivery on behalf of the retailer completed delivery to the customer.

3. The time that the individual conducting delivery on behalf of the retailer returned to the licensed premises.

4. The route the individual conducting delivery on behalf of the retailer traveled between departing and returning to the licensed premises to conduct delivery.

5. For each individual delivery transaction, the identity of the individual conducting deliveries on behalf of the retailer.

6. For each individual delivery transaction, the vehicle used to conduct delivery on behalf of the retailer.

7. For each individual delivery transaction, the identity of the customer receiving cannabis or cannabis products from the retailer.

8. For each individual delivery transaction, the type and quantity of cannabis or cannabis products dispensed and received.

9. For each individual delivery transaction, the gross receipts charged by the retailer and received by the individual conducting deliveries on behalf of the retailer for the cannabis or cannabis products dispensed and received.

i. The individual making deliveries on behalf of the retailer shall personally verify for each individual delivery transaction the identity of the customer receiving cannabis or cannabis products from the retailer and (1) for medicinal cannabis or medicinal cannabis products to a qualified patient, the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years and obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or identification card as described in Sections 11362.71 through 11362.77 of State Health & Safety Code, as may be amended from time to time, on site for period of not less than seven (7) years or (2) for cannabis or cannabis products to an adult -use customer, age and all necessary documentation of each customer to ensure the customer is not under the age of twenty-one (21) years.

j. Within one-hundred-eighty (180) days following the effective date of this Chapter, commercial cannabis businesses conducting delivery pursuant to Chapter 4-34 of the City Municipal Code shall comply with the requirements of this Section 4-35.21. 278

34 4-35.22: Promulgation of Regulations, Standards, and Other Legal Duties.

a. Consistently with stated requirements of this Chapter 4-35 (and in particular not to repeal or constructively repeal this Chapter 4-35), in addition to any regulations adopted under State law, the City Manager is authorized to establish any additional rules, regulations, and standards governing the issuance, denial , or renewal of retail cannabis business permits, the ongoing operation of cannabis retailers, and the City’s oversight, or concerning any other subj ect determined to be necessary to carry out the purposes of this Chapter 4-35.

b. Such regulations shall be published on the City’s website.

c. Regulations promulgated by the City Manager shall become effective upon date of publication. Cannabis retailers shall be required to comply with all S tate and local laws and regulations, including but not limited to any rules, regulations or standards ado pted by the City Manager.

4-35.23: Community Relations.

a. Each cannabis retailer shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis retailer can be provided. Each cannabis retailer shall also provide the above information to all businesses and residences, in the City, located within one hundred and fifty (150) feet of the cannabis retailer . Such community relations contact shall respond to any complaints within forty-eight (48) hours of receipt of such complaints.

b. During the first year of operation pursuant to this Chapter 4-35, the owner (s), manager(s), and community relations representative from each cannabis retailer holding a retail cannabis business permit issued pursuant to this Chapter 4-35 shall attend a quarterly meeting with the City Manager and other interested parties as deemed appropriate by the City Manager, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter 4-35. After the first year of operation, the owner(s), manager(s), and community relations representative from each such cannabis retailer shall meet with the City Manager when and as requested by the City Manager.

c. Cannabis retailers to which a retail cannabis business permit is issued pursuant to this Chapter 4-35 shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.

4-35.24: Fees Deemed Debt To City.
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35 The amount of any fee, cost , or charge imposed pursuant to this Chapter 4-35 shall be deemed a debt to the City that is recoverable via authorized processes as set forth in the City Municipal Code or available through any court of competent jurisdiction.

4-35.25: Permittee, owner, and property owner responsible for violations.

a. Each permittee and each owner and each manager of the permittee (and each individual owner and each individual manager of an owner or manager of the permittee) shall be responsible for all violations of the laws of the State or of the regulations and/or the ordinances of the City occurring within the City or in or about the premises of the cannabis retailer, if committed by the permittee or any employee or agent of the permittee and whether or not said violations occur within the permittee, owner, or manager ’s presence.

b. No person may engage in any cannabis retail sales within the City unless the person is in compliance with the requirements of this Chapter 4-35.

c. It shall be unlawful to rent, lease, or otherwise permit any cannabis retail sales at any location, structure, or vehicle in the City by a person (1) that does not have a v alid retail cannabis business permit issued by the City; (2) that does not have a valid State license; (3) that does not have any other applicable approvals, including, but not limited to, a building permit and City business license; or (4) that is not cur rently in compliance with all applicable State and local laws and regulations pertaining to the cannabis retail sales. Property owners shall have strict liability for any cannabis retail sales at any location, structure, or vehicle in the City by a person (1) that does not have a valid retail cannabis business permit issued by the City or (2) that does not have a valid State license.

4-35.26: Inspection and Enforcement.

a. The City Manager or designee(s) charged with enforcing the provisions of the City Municipal Code, or any provision thereof, may enter the location of a cannabis retailer at any time, without notice, and inspect the location of any cannabis retailer as well as any recordings and records required to be maintained pursuant to this Chapter 4-35 or under applicable provisions of State law.

b. It is unlawful for any person having responsibility over the operation of a cannabis retailer, to impede, obstruct, interfere with, or otherwise not to allow, the C ity to conduct an inspection, review or copy records, recordings, or other documents required to be maintained by a cannabis retailer under this Chapter 4-35 or under State or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis retailer under this Chapter 4-35 or under State or local law.

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36 c. The City Manager or designee(s) charged with enforcing the provisions of this Chapter 4-35 may enter the location of a cannabis retailer at any time during business hours and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the C ity shall be logged, recorded, and maintained in accordance with the City law enforcement standards for evidence.

4-35.27: Concurrent Regulation with the State.

It is the stated intent of this Chapter 4-35 to regulate cannabis retail sales in the C ity concurrently with the State.

4-35.28: Violations Declared a Public Nuisance.

Each and every material violation of the provisions of this Chapter 4-35 is hereby deemed unlawful and a public nuisance subject to all remedies and enforcement measures authorized by the City Municipal Code.

4-35.29: Each Violation a Separate Offense.

Each and every violation of this Chapter 4-35 shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City Municipal Code. Additionally, as a nuisance per se, any material violation of this Chapter 4-35 shall be subject to injunctive relief, any retail cannabis business permit issued pursuant to this Chapter 4-35 being deemed null and void, disgorgement , and payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney’s fees, and any other relief or remedy available at law or in equity. The City may also pursue any and all remedies and actions available and applicable under S tate and local laws for any violations committed by the cannabis retailer or persons related to, or associated with, the cannabis retail sales . Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the City Manager or designee(s), may take immediate action to temporarily suspend a retail can nabis business permit issued by the City, pending a public hearing before the City Council.

4-35.30: Criminal Penalties.

Each and every material violation of the provisions of this Chapter 4-35 may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed five thousand dollars ($5,000.00) or imprisonment in the C ounty jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day a material violation is committed or permitted to continue shall constitute a separate offense.

4-35.31: Remedies Cumulative and Not Exclusive.

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37 The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

SECTION 5. Section 4- 34.1 (Purpose) of Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended to read as follows:

a. The purpose of this S ection is to regulate all commercial cannabis activity in the City of Lynwood, as defined in Section 26001 of the California Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impact on the C ity, and to promote the health, safety, morals, and general welfare of residents and businesses within the City.

b. This Section is further adopted, established, and amended pursuant to the specific authority granted to the C ity of Lynwood in Section 7 of Article XI of the California Constitution and Division 10 of the California Business and Professions Code, commencing with Section 26000. These regulations shall govern all commercial cannabis activity that occurs within the jurisdiction of the City.

SECTION 6. Section 4- 34.2 (Definitions) of Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended to read as follows:

n. Licensed premises means the premises, consisting of a single or immediately adjoining parcel(s) as identified by valid street address and assessor parcel number, specified in an application for a permit under this chapter, which are owned or in possession of the applicant or licensee and within which the applicant or licensee is applying for authorization to cultivate, manufacture, distribute, test, or is applying for multiple permitted uses within the same premises, in accordance with the provisions of this C hapter, the MAUCRSA, any development agreement approved by City Council, and any rules adopted pursuant thereto, except that no storefront dispensary, as specified in section 25-200-1, shall be permitted within the city.

SECTION 7. Section 4- 34.2 (Definitions) of Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended to read as follows:

t. Commercial cannabis business means any person engaged in commercial cannabis activity but excludes cannabis retailers permitted and operating under Chapter 4-35 of the City Municipal Code.

SECTION 8. Section 4- 34.2 (Definitions) of Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended to read as follows:

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38 y. Permit means authorization to conduct commercial cannabis activity operate a commercial cannabis business pursuant to this C hapter, state law, and upon the issuance of an occupancy permit and business license by the City.

SECTION 9. Section 4-34.4 (Permitted Use) of Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended to read as follows:

b. All persons who are engaged in operate or who are attempting to engage in commercial cannabis activity operate a commercial cannabis business in any form shall do so only in strict compliance with the terms, conditions, limitations and restrictions of the MAUCRSA, the provisions of this section, and all other applicable state and local laws and regulations.

SECTION 10. Section 4-34.6 (Permitted Zones – Distance and Other Conditions For Approval) of Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended to read as follows

e. Nonconforming Use. Any commercial cannabis business, dispensary of medical or adult use cannabis, or storefront cannabis retailer established or operating in the city in violation of this section or the ban established by Ordinance No. 1632, Section 25-200-1, and Chapter 25 Appendix A of the Lynwood Zoning Code shall not be considered a lawful or permitte d nonconforming use, and no such commercial cannabis business shall be eligible for issuance of a commercial cannabis business permit. Further, any such unlawfully established commercial cannabis business shall constitute a public nuisance subject to abatement by the city, pursuant to section 3-13.

SECTION 11. Section 4- 34.8 ( Changing, Altering, Or Modifying Location) of Chapter 4 (Licensing and Business Regulations) of the City Municipal Code is hereby amended to read as follows

c. Application. The City Council or its designee may grant approval for the types of changes, alterations, or modifications described herein upon the filing of an application by the licensee, and payment of any applicable fee. The licensee must submit all information requested by the City Council or its designee including, but not limited to, documents that verify the following:

1. The licensee will continue to have exclusive possession of the premises, as changed, by ownership, lease, or rental agreement, and sole control of all production; and

2. The proposed change conforms to any and all City restrictions related to the time, manner, and place of regulation of the commercial cannabis activity commercial cannabis businesses.
283

39 SECTION 12. Sensitive Uses. The City Council finds that the definitions of the sensitive uses (day care center s, public parks, schools, and youth center s) under the amendment to Section 4-35.3 of the City Municipal Code in this Ordinance are subject to some degree of interpretation. However, the City Council also find s that certainty regarding the identification of sensitive uses (day care centers, public parks, schools, and youth centers) under the amendments to Sections 4-35.3 and 4-35.6 of the City Municipal Code in this Ordinance is required to carry out the purpose and intent of this Ordinance so the that People, the City, and prospective applicant s can clearly identify where and where not lawful cannabis retailers under this Ordinance may be located. Accordingly and pursuant to the authority delegated by the State to the City Council under Section 26054(b) of the State Business & Professions Code and overriding the location and design requirements contained in Section 26054(b) of the State Business & Professions Code, the following sensitive uses (day care centers, public parks, schools, and youth centers) and only the following sensitive uses (day care centers, public parks, schools, and youth centers ) located on the followin g County Assessor’s Identification Numbers and only the following County Assessor’s Identification Numbers shall be considered under the amendment to Section 4- 35.6.a of the City Municipal Code in this Ordinance for the purpose of the initial establishment of cannabis retailers pursuant to the initial iteration of the cannabis retailer application procedure under the amendment to Section 4-35.7 of the City Municipal Code in this Ordinance (to include any review and scoring of any applications pursuant to the objective review criteria and quantitative evaluation scale under the amendment to Section 4-35.7.d of the City Municipal Code in this Ordinance).

Only following the initial iteration of the cannabis retailer application procedure and the initial issuance of retail cannabis business permits under the amendment to Section 4-

35.7 of the City Municipal Code in this Ordinance , may the City Manager ( his or her designee(s)) reinterpret the following list of sensitive uses (day care centers, public parks, schools, and youth centers ) and County Assessor’s Identification Numbers for the purpose of subsequent iterations of the cannabis retailer application procedure under the amendment to Section 4- 35.7 of the City Municipal Code in this Ordinance and change in location applications under the amendment to Section 4-35.12 of the City Municipal Code in this Ordinance.

Name Sensitive Use
Type
County Assessor’s
Identification Number(s)
Abbott Preschool Day Care
Center 6186-042-900
Adolfo Medina Park Public Park
6169-014-905, 6169-016-
901, 6169-016-903, 6169-
016-907
B L Harvey School Day Care
Center 6191-011-012
Camphor Tree Park Public Park 6174-009-901
284

40 Name Sensitive Use
Type
County Assessor’s
Identification Number(s)
Carnation Park Public Park 6170-022-901
Cesar Chavez Middle School School
6191-018-900, 6191-018-
901, 6191-018-902, 6191-
018-903, 6191-018-904,
6191-018-907
Children's Institute / Imperial Courts Day Care
Center 6067-014-902
David's Heart Enrichment Center Day Care
Center 6177-007-001
Dr. Ralph Bunche Middle School School 6150-036-900
Ella Fitzgerald CDC / Drew Child
Development Corporation
Day Care
Center 6150-036-021
Faith and Hope Park Public Park 6150-020-900
Fernwood Avenue Park Project Public Park 6169-002-908
Foster Elementary School School 6184-009-900
Foster State Preschool Day Care
Center 6184-009-900
Fred W. Hosler Middle School School 6173-022-900
Helen Keller Elementary School
6177-001-919, 6177-001-
902, 6177-001-903, 6177-
001-904, 6177-001-906,
6177-001-907, 6177-001-
901, 6177-001-918, 6177-
001-912, 6177-001-917,
6177-001-915, 6177-001-
914, 6177-001-911, 6177-
001-905, 6177-001-916,
6177-001-908, 6177-001-
909, 6177-001-910, 6177-
001-913, 6177-001-920
Helen Keller Preschool Day Care
Center
6177-001-919, 6177-001-
902, 6177-001-903, 6177-
001-904, 6177-001-906,
6177-001-907, 6177-001-
901, 6177-001-918, 6177-
001-912, 6177-001-917,
6177-001-915, 6177-001-
914, 6177-001-911, 6177-
001-905, 6177-001-916,
6177-001-908, 6177-001-
285

41 Name Sensitive Use
Type
County Assessor’s
Identification Number(s)
909, 6177-001-910, 6177-
001-913, 6177-001-920
Henning Youth Center Youth Center 6173-007-901, 6173-007- 902
Hollydale Regional Park Public Park
6234-011-275, 6234-011-
007, 6234-011-804, 6234-
014-274, 6234-013-902,
6234-014-800, 6234-014-
901, 6234-014-803, 6234-
014-277, 6234-014-275,
6234-016-900, 6234-016-
803, 6234-016-802, 6234-
016-801, 6234-016-800,
6234-019-270, 6234-019-
006, 6234-019-902, 6234-
019-801, 6234-019-800,
6234-019-802, 6234-019-
903, 6234-019-803, 6236-
009-900, 6236-009-810,
6236-009-807, 6236-009-
808
Imperial Courts Recreation Center Youth Center 6067-013-901 Janie P. Abbott Elementary School School 6186-042-900
Jordan High School School 6046-021-918, 6046-020-
901
Kinder Prep Preschool Center Day Care
Center 6171-016-013
King State Preschool Day Care
Center 6150-025-901
Lincoln Elementary School School 6170-022-900, 6170-022- 902
Lincoln Preschool Day Care
Center
6170-022-900, 6170-022-
902
Lindbergh Children's Center Day Care
Center
6168-012-927, 6168-012-
926, 6168-012-902, 6168-
013-900, 6168-012-905
Lindbergh Elementary School School
6168-012-927, 6168-012-
926, 6168-012-902, 6168-
013-900, 6168-012-905
Lindbergh Preschool Day Care
Center
6168-012-927, 6168-012-
926, 6168-012-902, 6168-
013-900, 6168-012-905
286

42 Name Sensitive Use
Type
County Assessor’s
Identification Number(s)
Little Pillar Park Public Park 6170-014-901, 6170-014-
907
Los Amigos East Park Public Park 6168-012-906
Los Amigos West Park Public Park 6168-013-901, 6168-013- 902, 6168-012-905
Los Angeles Speech & Language
Therapy Center, Inc.

Day Care
Center 6173-015-041
Lucy Avalos Community Center Youth Center
6189-019-908, 6189-019-
923, 6189-019-916, 6189-
019-917, 6189-019-926
Lugo Elementary School School
6193-002-901, 6193-002-
904, 6193-002-902, 6193-
002-909, 6193-002-906,
6193-002-907, 6193-002-
903, 6193-002-905, 6193-
002-908
Lugo Preschool Day Care
Center
6193-002-901, 6193-002-
904, 6193-002-902, 6193-
002-909, 6193-002-906,
6193-002-907, 6193-002-
903, 6193-002-905, 6193-
002-908
Lynwood Community Center Youth Center 6173-022-901
Lynwood High School School 6174-020-900, 6174-019-
900
Lynwood Natatorium Youth Center 6173-021-900
Madison Elementary School School 6206-027-901
Marco Antonio Firebaugh High
School School
6189-032-900, 6189-023-
900, 6189-023-901, 6189-
023-902, 6189-023-903,
6189-023-904, 6189-023-
914, 6189-023-905, 6189-
023-906, 6189-023-915,
6189-023-907, 6189-023-
908, 6189-023-909, 6189-
023-916, 6189-023-910,
6189-023-911, 6189-023-
917, 6189-023-912, 6189-
023-913, 6189-032-903,
6189-032-904, 6189-032-
901, 6189-032-902, 6189-
287

43 Name Sensitive Use
Type
County Assessor’s
Identification Number(s)
032-905, 6189-032-906,
6189-032-909, 6189-032-
907, 6189-032-908
Mark Twain Elementary School School 6174-025-900
Mark Twain Preschool Day Care
Center 6174-025-900
Martin Luther King Elementary
School School 6150-025-901
Mona Park Public Park 6150-025-900, 6150-025-
902
Montara Avenue Elementary School School 6207-004-922, 6207-004- 923
Park Place Early Education Day Care
Center 6186-012-041
Pathway Independent Study School 6173-022-900
Ralph C. Dillis Park Public Park
6237-026-904, 6237-033-
914, 6237-033-904, 6237-
033-915, 6237-033-902,
6237-033-905, 6237-033-
911, 6237-033-913, 6237-
033-918, 6237-033-912,
6237-033-906, 6237-033-
907, 6237-033-916, 6237-
033-917, 6237-033-909,
6237-033-910, 6237-033-
901
Ricardo Lara Linear Park Public Park 6174-001-913
Ritter Elementary School School 6068-020-901
Roosevelt Elementary School School 6191-023-900, 6191-024- 900
Roosevelt Preschool Day Care
Center
6191-023-900, 6191-024-
900
Rosa Parks Elementary School
6174-019-905, 6174-019-
903, 6174-019-907, 6174-
019-904, 6174-019-906,
6174-019-908, 6174-019-
909, 6174-019-901, 6174-
019-902
Rosa Parks Preschool Day Care
Center
6174-019-905, 6174-019-
903, 6174-019-907, 6174-
019-904, 6174-019-906,
288

44 Name Sensitive Use
Type
County Assessor’s
Identification Number(s)
6174-019-908, 6174-019-
909, 6174-019-901, 6174-
019-902
Rose Park Public Park 6169-009-900
SAGA Child Development Learning
Academy
Day Care
Center 6173-030-012
San Miguel Catholic School School 6068-008-001, 6068-008- 031
Simon Rodia Continuation School School 6207-001-900, 6207-001- 901
Soleil Academy Charter School School 6174-020-900, 6174-019- 900
South East High School & Middle
School School 6207-001-900, 6207-001-
901
St. Emydius School School
6191-015-027, 6191-015-
021, 6191-015-024, 6191-
015-023
St. Philip Neri School School
6186-014-018, 6186-014-
004, 6186-014-016, 6186-
024-031
Sunshine Day Care Center Day Care
Center 6168-016-014
Thurgood Marshall Elementary
School School 6191-018-907, 6191-018-
905, 6191-018-906
Thurgood Marshall Preschool Day Care
Center
6191-018-907, 6191-018-
905, 6191-018-906
Tiny Treasures Preschool Day Care
Center 6168-008-003
Veterans Memorial Garden Public Park 6187-002-900
Victoria Elementary School School 6209-009-900, 6209-009- 902, 6209-009-901
Vista High School School 6194-031-906
Volunteers of America, Abbott Head
Start
Day Care
Center 6186-042-900
Volunteers of America, Bright Stars
Head Start
Day Care
Center
6173-003-005, 6173-003-
018
Volunteers of America, Greater
Emmanuel Head Start
Day Care
Center 6173-017-025
Volunteers of America, Happy Days
Head Start
Day Care
Center 6186-008-030
289

45 Name Sensitive Use
Type
County Assessor’s
Identification Number(s)
Washington Elementary School School 6190-012-901, 6193-017- 901
Washington Preschool Day Care
Center
6190-012-901, 6193-017-
901
Weigand Avenue Elementary School School 6066-009-900
Weigand Elementary School Room 6 Day Care
Center 6066-009-900
Will Rogers Children's Center Day Care
Center 6194-016-925
Will Rogers Elementary School School 6194-016-925
Will Rogers Preschool Day Care
Center 6194-016-925
Wilson Elementary School School 6175-008-900
Wilson Preschool Day Care
Center 6175-008-900
Wilson School Park Public Park 6175-006-900
Yvonne Burke-John D. Ham Park Public Park
6189-019-927, 6189-019-
929, 6189-019-928, 6189-
019-924, 6189-019-909,
6189-019-925, 6189-019-
921, 6189-019-911, 6189-
019-915, 6189-019-903,
6189-019-906, 6189-019-
907, 6189-019-904, 6189-
019-913, 6189-019-912,
6189-019-922, 6189-019-
918, 6189-019-910, 6189-
019-919, 6189-019-905,
6189-019-920, 6189-019-
914, 6186-036-912, 6186-
036-913, 6186-036-910,
6186-036-909, 6186-036-
905, 6186-036-906, 6186-
036-900, 6186-036-907,
6186-036-908, 6186-036-
902, 6186-036-901, 6186-
036-903

SECTION 13. Categorically Exempt f rom CEQA. The City Council find that the actions contemplated by this Ordinance, including the issuance of retail cannabis business permits, are categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15060(c)(2) and Section 15060(c)(3) of Title 14 of the State Code 290

46 of Regulations. Further, the City Council finds that pursuant to Section 4-35.06 of Chapter 4-35 of the City Municipal Code as codified by this Ordinance , cannabis retailers are a use permitted in certain zoning districts within the City. As permitted in those zoning districts, cannabis retailers are similar to already existing permitted general uses in those zoning districts with the only difference being the type of product being delivered or sold.

SECTION 14. Severability. If any provision, section, paragraph, sentence, phrase, or word of this Ordinance is rendered or declared invalid, illegal, or unconstitutional by any final action in a court of competent jurisdiction or by reason or any preemptive legislation, such unconstitutionality illegality or invalidity shall only affect such provision, section, paragraph, sentence, phrase, or word and shall not affect or impair any remaining provisions, sections, paragraphs, sentences, phrases, or words, or the application of this Ordinance to any other person or circumstance, and to that end, the provisions her eof are severable. It is hereby declared to be the intention of the City Council that that this Ordinance would have been adopted had such unconstitutional illegal or invalid provision, section, paragraph, sentence, phrase, or word not been included herein.

SECTION 15. Liberal Construction. This Ordinance is an exercise of the police power of the City Council to provide for safe and regulated access to cannabis and cannabis products, and shall be liberally construed to effectuate that purpose.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this 2
nd day of August, 2022.

_________________________
Jorge Casanova, Mayor

ATTEST:

____________________________
Maria Quinonez,
City Clerk

APPROVED AS TO FORM:

____________________________
Noel Tapia,
City Attorney

291

47 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quiňonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 2
nd day of August, 2022.

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quiňonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1751 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 2 nd day of August, 2022.

___________________________
Maria Quiňonez,
City Clerk

292

AGENDA STAFF REPORT

DATE:

May 16, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

PREPARED BY:

Mark Flores, Director of Recreation & Community Services SUBJECT:

ACCEPTANCE OF 2023 SCLARC “SOCIAL RECREATION” PROGRAM

AGREEMENT AND GRANT FUNDING
Agenda Item # 9.3.

Recommendation:

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

RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE SOUTH CENTRAL L.A. REGIONAL CENTER FOR THE 2023 SOCIAL RECREATION PROGRAM .”
Background:

The Recreation & Community Services Department applied for grant funding from the South- Central L.A. Regional Center (SCLARC) and the California Department of Development Services (DDS) to support the creation, re-establishment and/or enhancement of existing social recreation programs that are inclusive of children and adolescents with special needs.

Staff is pleased to report that SLARC and DDS have informed the City that its application has been approved. Staff is requesting that the City Council formally accept the grant through adoption of the accompanying resolution.

Discussion and Analysis:

The South-Central L.A. Regional Center (SCLARC) and the California Department of Development Services (DDS) have approved the City’s application to execute a “Social Recreation” program that supports the creation and/or enhancement of social recreation City Council City Council Regular Meeting 293
programs that are inclusive of children and adolescents with intellectual needs and developmental disabilities (I/DD).

Grant Program Key Notes
Grant Award Amount: $128,756.00
Grant period: April 1, 2023 through December 31, 2023
Supporting Activities
Hire two Coordinator-level staff members to lead and execute the program Education and Training programs for staff and the community about: children and adolescents with I/DD (3-21 years) and their physical and behavioral needs.

Programs and activities that integrate children with DD into community and social recreational programs. Examples include: organized and drop-in sports, social activities, trainings, etc.)
Development and production of outreach materials accessible to diverse communities, in languages that reflect the program’s catchment area.

Staff developed the application in coordination with grant writing firm, Global Urban Strategies,
Inc.

Via adoption of the accompanying Resolution, staff is requesting that the City Council, formally accept the grant; authorize the City Manager or designee to sign the grant agreements and related grant documents; direct the Human Resources and Finance Departments to establish accounts to receive and expend grant funds and establish the required temporary, staff positions.

Fiscal Impact:

Grant funds will be distributed to the City in four milestone payments over the course of the program's performance period. In order to implement/carryout the program, $128,756 in Unappropriated General Fund monies will be needed. Monies should be allocated as follows:

Fund
Dept
Div
Object
Description
Amount
1011
60 715
60005
Temporary Part-Time
$70,000
1011
60 715
65020
Operating
$17,756
1011
60 715
66015
Equipment
$12,000
1011
60 705
64399
Other Fees for services
$29,000
1011

Budgetary Fund Balance
($128,756)
Coordinated With:

City Attorney
City Council City Council Regular Meeting 294
RESOLUTION SCLARC Social Rec Grant 051623.docx
Approval Letter - City of Lynwood.pdf
Grant Guidelines for Social Recreation Grants.pdf
Operations Agreement City of Lynwood.pdf
Finance
Human Resources
ATTACHMENTS:

Description
City Council City Council Regular Meeting 295
RESOLUTION NO.__________________

A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE SOUTH-CENTRAL L.A. REGIONAL CENTER FOR THE 2023 SOCIAL

RECREATION PROGRAM
WHEREAS, the Recreation & Community Services Department applied for and was successfully awarded a grant of $128,756.00 from the South-Central L.A. Regional Center (SCLARC) and the California Department of Development Services (DDS) to support the 2023 “Social Recreation” Grant Program benefitting youth 3-21 years of age with developmental disabilities; and
WHEREAS, grant management practices require the City to certify, by resolution, acceptance of the grant, acceptance of responsibility to perform grant and partnership requirements and authorization for execution of related documents and activities; and WHEREAS, it is the goal of the program that children and adolescents with and without intellectual and developmental disabilities (I/DD) will develop friendships from opportunities provided by integrated and inclusive social and recreational programs; and WHEREAS, the grant will be used in strict accordance with requirements established by the agreement and the SCLARC.

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

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

Section 2. Approves acceptance of the South-Central L.A. Regional Center (SCLARC) and the California Department of Development Services (DDS) grant and Agreement to support the 2023 “Social Recreation” program.

Section 3. The City Manager and/or his designee is authorized to execute any documents and activities related to the Agreement and program including, but not limited to contracts and grant payments to contractors which may be necessary for the completion of the aforementioned program and to allocate necessary staff time to manage the program.

Section 4. The Finance Department is authorized and directed to receive grant funds; establish the appropriate Departmental accounts; enroll in any required E- billing and web-based payment receipt systems as required by the grant, and expend the grant funds as designated by the appropriation below:
296
Appropriation
Fund Dept Div. Object Description Amount
Budgetary Transfer Out
Unappropriated
General Fund
Balance
$128,756.00
Budgetary Transfer In
1011 60 715 60005 Temporary Part-Time $70,000
1011 60 715 65020 Operating $17,756
1011 60 715 66015 Equipment $12,000
1011 60 705 64399 Other Fees for services $29,000
Section 5. The Human Resources Department is authorized and directed to establish the required, temporary staff positions or equivalents, in accordance to the grant requirements.

Section 6. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED THIS 16th day of May 2023. __________________________
Oscar Flores, Mayor
ATTEST:
_________________________ __________________________
Maria Quinonez, City Clerk Ernie Hernandez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ __________________________
Noel Tapia, City Attorney Mark Flores, Director
Recreation and Community Services
297
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held at City Hall on the 16th day of May 2023, and passed by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. ______________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated.

Dated this 16th day of May 2023
_________________________
Maria Quinonez, City Clerk
298

South Central Los Angeles Regional Center
for persons with developmental disabilities, inc.

2500 S. Western Avenue
Los Angeles, California 90018
Ph: 213.744-7000
Info Line: 1.866.4.sclarc
TTY: 213.763.5634
www.sclarc.org
OUR COMMITMENT:
“To educate, empower, and advocate.”

March 28, 2023

Re: GRANTS FOR ENHANCED COMMUNITY INTEGRATION FOR CHILDREN &

ADOLESCENTS

Dear City of Lynwood,

South Central L.A. Regional Center (SCLARC) is pleased to inform City of Lynwood that the Department of Developmental Services approved the Social Recreation Grant proposal for $128,756.00. In order for City of Lynwood to receive the grant funds, SCLARC must contract directly with City of Lynwood.

Please note, the contract will require quarterly reporting and allocation of funds contingent on the criteria described in the Social Recreation Grant Guidelines (ATTACHMENT A). In addition, SCLARC must ensure compliance with Welfare & Institution (W&I) Codes, California Code of Regulations Title 17 as well as, but not limited to the following:

• Grant funds must be expended on goods and services that will benefit children and adolescents who receive regional center services. • No more than 15 percent of regional center funds may be spent on administrative costs (W&I Code section 4629.7).
• The setting must include opportunities to engage in community life and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS, as required in the Final Rule (W&I Code section 4501).
• The Contract will include a statement regarding how the grantee will manage and report special incidents occurring during grant activities. • For entities that receive payments from one or more regional centers, the provider must be in good standing with its independent audit or independent review of its financial statements (W&I Code section 4652.5) • Current vendors with awarded projects cannot use grant funds for project types similar to currently vendored regional center services. • The contract will include specific goals for each outcome measure as defined in ATTACHMENT G of the grant guidelines. Every grant project, except those providing vendorization assistance, must identify and report on the standard outcome measures. Projects with budgets over $100,000 299

South Central Los Angeles Regional Center
for persons with developmental disabilities, inc.

2500 S. Western Avenue
Los Angeles, California 90018
Ph: 213.744-7000
Info Line: 1.866.4.sclarc
TTY: 213.763.5634
www.sclarc.org
OUR COMMITMENT:
“To educate, empower, and advocate.”

must also establish and report progress on meeting goals for supplemental outcome measures. Projects that provide vendorization assistance must establish and report progress on meeting goals for this project type. • The contract will require the grantee to develop and implement an outreach plan in collaboration with the regional center, including how the community will be informed about the grant projects. The plan must also include outreach to diverse communities, in languages that reflect the regional center’s catchment area.
• If vendorization is pursued by the grantee following the current grant cycle, the grantee must comply with vendorization regulations.

SCLARC is currently working on contracts however as soon has contracts are complete SCLARC with contact City of Lynwood.

Should you have any questions please email at [email protected] or Cherylle A.

Mallinson, Director of Community Services & Family Support at [email protected] . South Central L.A. Regional Center (SCLARC) is looking forward to partnering with City of Lynwood.

Congratulations,

Evelyn Galindo

Evelyn Galindo, MS
Program Manager
Resource Development
Community Services Division

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2022 Grant Guidelines for Regional Centers and Grant Applicants Updated On: 10/26/2022 Page 1 of 8 th
Funding Announcement Title: Social Rec Grants
Announcement Type: Update
Open Date: October 14, 2022
Due Date for Grant Applicants: RCs will determine due
dates Due Date for Regional Centers: January 31, 2023
Department of Developmental Services
Social Rec Grants
2022 Grant Guidelines for Regional Centers and Grant Applicants Vision Statement
Our vision is that children and adolescents with and without intellectual and developmental disabilities (I/DD) will develop friendships from opportunities provided by integrated and inclusive social and recreational programs.

Background
The American Rescue Plan Act of 2021 (ARPA) provided supplemental funding to increase the federal medical assistance percentage for the Home and Community-Based Services (HCBS) for qualifying states. Under ARPA, states can implement a variety of innovative activities that will increase the capacity of HCBS to meet the needs of individuals with I/DD.

ARPA provided the Department of Developmental Services (DDS) $12.5 million for grants for enhanced community integration for children and adolescents (social rec grants). The grants will fund projects that will enhance and develop integrated and inclusive social and recreational programs for families, children, and adolescents with I/DD in diverse communities.

Regional centers (RCs) will partner with community entities that provide social and recreational programs to implement approved grant projects.
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DDS identified the following goals:
• Improve accessibility of integrated social and recreational programs that are person- centered and culturally and linguistically responsive to the beliefs, values and choices of children and adolescents with I/DD;
• Utilize and leverage existing community resources to enhance and develop integrated and inclusive social and recreational programs that are safe and age appropriate; and • Increase the number of RC vendored providers that offer integrated and inclusive social and recreational services to people with I/DD.

Social Rec Grant Description
RCs will post requests for proposals (RFPs) for the social rec grants on their websites.

Community entities will submit grant proposals to the RCs, which the RCs will score and prioritize according to the grant goals, grant priorities and the needs of the regional center’s catchment area. RCs will recommend grant proposals for approval and DDS will determine which grant proposals will be approved. RCs will contract with grantees for the 8-month project term. Grantees will report their progress on meeting standard outcome measures to RCs on a quarterly basis on a form provided by DDS. RCs will review and approve quarterly reports.

Approved progress reports will be submitted to DDS. DDS will review progress reports and provide feedback to RCs as needed.

To be considered for approval, proposals must meet criteria within these guidelines; reflect collaborative efforts between RCs and applicants; and support children and adolescents who are:
• three to twenty-one years of age;
• determined eligible for RC services including provisional eligibility or Lanterman Act programs; and
• from diverse monolingual and multilingual communities who face barriers to accessing RC services
Proposals supporting children and adolescents with hearing loss and from rural areas will be strongly considered.

Social Rec Grant Priorities
DDS developed the following grant priorities with input from families, self-advocates, the Association of Regional Center Agencies, community-based organizations (CBOs) and local parks and recreation entities. Proposals that address the following priorities will be strongly 302
2022 Grant Guidelines for Regional Centers and Grant Applicants Updated On: 10/26/2022 Page 3 of 8 considered:
• Create, re-establish and/or enhance existing programs that are inclusive of children and adolescents with I/DD by applying evidence-based, best or emerging practices;
• Support development of friendships between children and adolescents through integrated and inclusive programs and activities;
• Hire and train staff to ensure the provision of adequate support for children and adolescents with complex needs (i.e., physical and behavioral); • Support communities with cultural awareness and sensitivity by enhancing language access and cultural competence within social and recreational programs and activities; • Develop and vendor inclusive social and recreational programs that apply person- centered and family-centered practices.

Outreach and Grant Applicants
RCs will post a request for proposal (RFP) on their respective websites, consistent with Welfare and Institutions Code Section §4648.11. Collaboration with stakeholders to identify existing community resources and inform the community is highly encouraged. Stakeholders include, but are not limited to, families, self-advocates, RC staff, family resource centers, CBOs, and local parks and recreation entities. Grant applicants may include, but are not limited to:
• CBOs
• Religious organizations (e.g., churches, synagogues)
• Private recreational businesses or studios (e.g., karate schools, ballet studios, art studios)
• YMCAs, Boys & Girls Clubs, Girl Scouts, Boy Scouts
• County and city parks and recreation entities
• Public and private camps
• After-school programs
Available Funding and Project Term
DDS will allocate $12.5 million for social rec grants across all 21 RCs. The RC Funding Allocation (ATTACHMENT B) provides detailed information about allocation determination, which is based on representation of the individuals the grant will serve within the RCs’ catchment areas. To ensure total allocation of DDS funds, DDS will confir m funding allocations by February 28, 2023, at the same time grant projects are awarded. Aw arded grant projects will have 8-month terms. RCs must invoice DDS for operation (OPS) funds reimbursement by January 31, 2024.
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To apply for a social rec grant, each grant applicant must submit a proposal to the RC’s designee, which are list in the Regional Center Directory (ATTACHMENT I). Proposal deadlines will be set by each RC. Each proposal must include a completed Letter of Intent (ATTACHMENT C) and a Grant Budget Form (ATTACHMENT D). Each proposal will include one or more project type. DDS has developed standard outcome measures for all grant project types. Applicants will be required to identify goals for each standard outcome measure applicable to the grant proposal and report progress towards meeting goals in subsequent quarterly reports, if the grant proposal is approved. RCs will confirm that the goals for the standard outcome measures are appropriate for the scope of the proposal during the application review process. Additional information on this process is provided in Project Types and Standard Outcome Measures (ATTACHMENT G).

RC Grant Proposal Reviews, Submissions and DDS Approval RCs will score, make recommendations and submit grant proposals to DDS for final selection.

When scoring proposals, RCs will consider the following for each item:
• Is the proposal consistent with the social rec grant goals and priorities? • Did the grant applicant provide the requested information? • Does the proposal meet the needs of the local community? Additional scoring information is provided in the Letter of Intent (ATTACHMENT C).

RCs will report scores and identify which proposals are recommended for approval on the Grant Proposals Request Form (GPRF) (ATTACHMENT E). Each RC will complete a GPRF and submit all required documentation. DDS will review all proposals and may discuss with the RC those that are not prioritized by the RC for potential planning and project development.

DDS encourages RCs in close proximity to one another to collaborate on proposals that will serve individuals across multiple catchment areas. For proposals that request to partner with more than one RC, a lead RC must be designated and will be responsible for submitting the GPRF and administering the grant. This includes submitting all reports and responding to DDS inquiries.

The GPRF must include the following:
• A summary of how the RC will collaborate with grantees, the community and individuals served by the grant to disseminate information about inclusive social and recreational programs.
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2022 Grant Guidelines for Regional Centers and Grant Applicants Updated On: 10/26/2022 Page 5 of 8 • A summary of how collaborative activities described above complement the RC’s approved Restoration of Camping, Social Recreation and other Services POS Policies and Outreach Plan (ATTACHMENT F).
• A description of the RC’s process for reviewing progress reports and monitoring standard outcomes measures.
• A description of how funds will be released and accounted for throughout the duration of the grant project.
• A summary of RC’s discussion with applicants to address sustainability of the grant project after the funding cycle is completed, including a plan to work with grantees to obtain vendorization and continued support of individuals through POS, if applicable. • For setting modification project types, indicate verification that modifications are not an ADA requirement.

By January 31, 2023, each RC must submit a GPRF packet including all documents in the format provided by DDS. Packets will be submitted to [email protected].

DDS will review GPRF packets from February 1, 2023, through February 28, 2023. DDS may suggest RCs reconsider proposals that are not prioritized by the RC based on available funding and grant priorities. The RC’s designee will be contacted for clarification and feedback, as needed. By February 28, 2023, DDS will notify all RCs about approved projects and GPRF final decisions via email.

Contracting and Funds Releasing Criteria
Contracts with Grantees
Upon receipt of DDS’s approval of grant projects, the RC will enter into contracts with grantees. Contracts must include the requirements contained in these guidelines and reference approved projects. Contracts must require quarterly reporting and allocation of funds c
ontingent on the criteria described below. RCs will not be required to vendor grantees for the disbursement of funds because allocations will flow from OPS funds. RCs will submit copies of all grant contracts to DDS by March 31, 2023. Approved projects must begin no later than April 1, 2023.

Criteria for Release of Funds
The payment schedule provides general parameters for disbursement of funds from RCs to grantees. RCs will make four payment to grantees. The first three payments will be for 30 percent of the grant amount and a final payment will be for 10 percent of the grant amount, as described below. Payments may be modified by the RC if it determines deviation from the payment schedule is conducive to the success of a project. Payments may be adjusted, upon request of the grantee, based on the needs of the grant project, approved budget, and reported progress on meeting standard outcome measures. Payments to grantees must be contingent on the RC approving progress reports. Grantees will submit invoices with the progress report to the RCs for payment. The final RC payment to grantees must be made by 305
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The fo
llowing criteria must be met to release funds to the grantee:

1. An initial payment of 30 percent of the grant amount will be paid after the grant project contract is executed and the grantee submits an invoice to the RC.

2. Subsequent payments of 30 percent of the grant amount will be made after the following conditions are met:
a. The grantee reports the expenditure of at least 60 percent of the funds paid to date or requests an additional payment to ensure the success of the grant project;
b. The RC determines the grantee is meeting deliverables in accordance with the grant project;
c. RC determines the expenses in the most recent progress report are appropriate and in accordance with the approved budget; d. RC approves the most recent progress report;
e. RC approves the invoice that is submitted with the progress report ; and f. 90 percent of the grant amount have not been paid.

3. A final payment of 10 percent of the grant amount will be made after all of the following conditions have been met:
a. The grantee submits its final report within 7 days of completion of the project; b. The grantee provides a final accounting and reconciliation of funds received and actual grant expenditures and submits its accounting and reconciliation to the RC;
c. The RC has reconciled grantee’s invoices against its expenses; and d. The RC has made a determination that the grantee has satisfactorily completed all the terms and conditions required by the contract, including providing additional information requested by the RC.

RC Invoicing and Payments
Final RC invoices must be submitted to DDS no later than January 31, 2024. DDS will provide future guidance about submitting claims associated with approved projects. RCs will receive payment through the existing allocation and payment process.

Supporting Documentation
Grantees shall maintain supporting documentation for all expenses for each line item of the approved budget form. Supporting documentation may be requested at any time and be subject to audit during and after completion of the grant project. Details are included in the Grant Budget Form (ATTACHMENT D). Examples of supporting documentation include, but are not limited to, the following:
• Timesheets
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• Cancelled checks (stamped by the institution from which the money is drawn to indicate funds guaranteed on the check have been paid)
• Bank statements
• Purchase receipts
• Attendance records (e.g., workshops, trainings, etc.) Social Rec Grant Timeline
Grant Activity Timeline
Release of social rec grant guidelines October 14, 2022 Social rec grant guidelines webinar October 19, 2022
Grant Proposal Request Form and proposals due to DDS January 31, 2023 DDS informs RCs of awarded grant projects and final RC funding allocation amounts are confirmed February 28, 2023
Grant contracts due to DDS March 31, 2023
All awarded projects must begin on or before this date. April 1, 2023 Grant project completion deadline – all reports due to RCs December 1, 2023 Final RC payments to grantees December 31, 2023
Final RC billing to DDS January 31, 2024
DDS retains the ability to adjust the timeline based on operational needs.

Progress Reports and Project Monitoring
Each grantee will submit progress reports to the RC’s designee. DDS will provide additional information about the quarterly report submission process. Standard outcome measures and goals will be included in quarterly reports. Grantees will be required to report progress toward meeting goals for the standard outcome measures. Five standard outcome measures have been developed for all projects, except Vendorization Assistance project type, regardless of grant amount. Approved grant projects at or above $100,000 will also be required to report on supplemental outcome measures associated with the grant project type. Grants that will provide
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RCs will review progress reports to ensure projects are developed according to the approved grant projects. RCs will discuss recommendations or feedback as needed with the grantee and document those discussion on the quarterly report form. Following RC approval, the completed quarterly report will be submitted by the RC to DDS. DDS will provide feedback, as needed, to the RC Designee. If DDS recommends a RC follow up with a grantee, the RC will provide updates in the following scheduled quarterly report to DDS.

Information about how to submit progress reports to DDS will be provided.

Progress Report Schedule Due Date
First Progress reports Due from Grantees to RCs July 7, 2023 First Progress reports Due from RCs to the DDS July 14, 2023 Second Progress reports Due from Grantees to RCs October 6, 2023 Second Progress reports Due from RCs to DDS October 13, 2023 Final Reports Due from Grantees to RCs December 1, 2023 Final Reports Due from RCs to DDS December 8, 2023
Definition of Key Terms
Definition of key terms used throughout the grant guidelines are found in ATTACHMENT H. 308
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