Agenda, second session — Lynwood City Council, June 20, 2023 (part 1 of 4)

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
June 20, 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 6/17/23 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. PUBLIC HEARING

8.1 ADOPTION OF THE FISCAL YEAR 2023-25 BIENNIAL CITYWIDE BUDGET Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

City Video(s)
Lynwood Successor Agency
Lynwood Housing Authority
Lynwood Utility 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).)

Comments:

The City’s budget is an important policy document. It serves as an annual financial plan, identifying the spending priorities for the organization. The budget is used to balance available resources with community needs, as determined by the City Council. It also serves as a tool for communicating the City’s financial strategies and for ensuring accountability.

Generally, the City’s biennial operating budget process is a plan for two specified fiscal years. The fiscal years for this budget begin on July 1, 2023 and ends on June 30, 2025.

For the upcoming fiscal years, staff is presenting the proposed two-year operating and capital budgets for FY 2023-24 and 2024-25 for Council’s consideration. At the conclusion of the first fiscal year of this biennial budget cycle, i.e., end of FY 2023-24, staff will update the revenue estimates and appropriation, and bring back the revised FY 2024-25 budget for Council’s consideration.

The FY 2023-24 and FY 2024-25 Proposed Budgets were developed in the context of the City gradually recovering from the impact of the Covid-19 pandemic, but still facing a lot of economic uncertainties due to the ongoing Russo-Ukrainian war, increasing trade conflict with China and supply chain disorder, as well as the continue inflationary pressures and the increasing recessionary risk.

On May 30, 2023, the City Council conducted a Budget Workshop to review and discuss the FY 2023-25 Proposed Biennial Citywide Budget. The focus at the Budget Workshop City Council Regular Meeting 2

8.2 PUBLIC HEARING TO ADOPT LEVY ON THE PARKING AND BUSINESS

IMPROVEMENT DISTRICT (PBID) ANNUAL ASSESSMENT FOR FISCAL YEAR 2023-24 AND 2024-25
was on the General Fund. Staff has taken Council’s comments on the draft budget, made modifications, and incorporated them into the full FY 2023-25 Proposed Biennial Citywide Budget (City, Successor Agency, Lynwood Utility Authority, Appropriations Limit, and Master Fee Schedule), for formal adoption. (FIN)
Recommendation:

Staff recommends that the City Council and Successor Agency open a public hearing, receive a presentation on the Fiscal Year (FY) 2023-25 proposed biennial citywide budget, receive public comments, close the public hearing, and each adopt the respective attached resolutions entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2023-25 BIENNIAL CITYWIDE BUDGET

A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2023-25

SUCCESSOR AGENCY BUDGET

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FISCAL YEAR 2023-25

MASTER FEE SCHEDULE

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2023-24

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION

Comments:

On June 6, 2023, staff presented the proposed Annual spending plan for the proposed PBID FY23/24, 24/25 and requested Council to set a date for the Public hearing for the consideration of approving the PBID annual assessment. Council set June 20, 2023 as the Public hearing date and will take public comment prior to final action assessing the PBID per resolution.

On November 27, 1985, Lynwood Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID). PBJD assessments are levied as a fair and equitable
way
to provide funds to maintain, operate, and improve business areas in the City. The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood business community.

Recommendation:

Staff recommends that the Council:

City Council Regular Meeting 3

9. CONSENT CALENDAR

9.1 APPROVAL OF THE WARRANT REGISTER

9.2 ANNUAL RETIREMENT FUND TAX LEVY CERTIFICATION
1 .

Conduct a public hearing, receive public testimony, and, after discussion, vote upon the matter at hand.
2 .

Adopt the attached resolution entitled:

“A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

ADOPTING

THE

RESOLUTION

THE

PARKING

AND

BUSINESS

IMPROVEMENT

DISTRICT

(PBID)

ADVISORY

BOARD

SETTING

THE

ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PBID FOR THE 2023-24 AND 2024-25 FISCAL YEARS FOR THE LEVY OF THE ASSESSMENT PURSUANT TO THE APPROVED REPORT."

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 June 20, 2023 for FY 2022-2023.

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated June 20, 2023 for FY 2022-2023.

Comments:

On April 16, 1946, the City of Lynwood’s residents approved and adopted a property levy tax (Retirement Tax). The City’s retirement tax was approved by voters to support City employees’ and former public safety employees’ retirement costs and contributions to the City’s State-administered retirement system (CalPERS). On October 13, 1998, the City Council adopted Resolution No. 98-177, approving a settlement in the matter of Howard Jarvis Taxpayers Association v. City of Lynwood. One of the conditions of the settlement was to fix the rate of the tax related to the Retirement Fund at $0.125 per $100 of assessed valuation. (FIN)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF TAXES FOR THE CITY’S CONTRIBUTION TO THE RETIREMENT FUND”.

City Council Regular Meeting 4

9.3 INTENTION TO LEVY AND COLLECT DELINQUENT CHARGES IN CONNECTION WITH

WATER, SANITATION, STORM DRAIN OR SEWER SYSTEM ON THE

PROPERTY TAX ROLL

FOR FISCAL YEAR
2023-2024

AGAINST PARCELS

9.4 INTENTION TO LEVY AND COLLECT DELINQUENT REFUSE CHARGES ON THE

PROPERTY
TAX ROLL FOR FISCAL YEAR 2023-2024 AGAINST SINGLE-FAMILY RESIDENTIAL

PARCELS (UP TO THREE UNITS)

Comments:

Section 54354 of the California Government Code authorizes cities that undertake the collection, treatment, or
disposal of sewage or supply water, or collect, treat or dispose of storm water, to declare that delinquent charges and all penalties thereon shall constitute a lien upon real the property. Lynwood Municipal Code Sections 141.27(d) and 14-1.30 currently a llow delinquent
charges to be considered liens against the property. The City’s delinquent charges in connection with water, sanitation, storm drainage or sewerage system may include unpaid water consumption charges, utility user tax, readiness to serve ch
arge, sewer fees, street sweeping, livable
environment fee and/or late payment penalty fees.

The purpose of this item is to initiate the process to place these delinquent charges and penalties on the property tax rolls.

Recommendation:

Staff recommends t
hat the City Council adopt the attached resolution entitled: “A RESOLUTION OF

THE CITY

COUNCIL OF THE CITY OF LYNWOOD OF ITS INTENTION TO LEVY AND COLLECT

DELINQUENT CHARGES AGAINST PARCELS

CONNECTION WITH ITS WATER,

SANITATION, STORM DRAINAGE, OR SEWER

SYSTEM ON THE

TAX ROLL FOR FISCAL
YEAR
2023-24

AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND

OBJECTIONS AS
JULY 18, 2023
.”

Comments:

Section 38790.1 of the California Government Code authorizes cities to collect delinquent garbage fees or charges via a special assessment to be collected with county taxes.

Various cities and counties have placed delinquent and annual refuse charges on the property tax roll as a mechanism for collection. The Lynwood Municipal Code Section 9-1 supports this mechanism of collection for delinquent garbage and rubbish charges.

The purpose of this item is to initiate the process to place these delinquent charges and penalties
on the property tax rolls.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ITS

INTENTION TO LEVY AND COLLECT REFUSE CHARGES AGAINST SINGLE-FAMILY RESIDENTIAL PARCELS (UP TO THREE UNITS) FOR IN FISCAL YEAR 2023-2024

ON THE COUNTY TAX ROLL AND AUTHORIZING AND DIRECTING THE COUNTY

ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS FROM WASTE
RESOURCES, INC. (WRI) AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE

SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES AND FIXING THE City Council Regular Meeting 5

9.5 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT

BIDS FOR THE STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034) (CIP NO. 4011.67.911)

10. NEW/OLD BUSINESS

10.1 FY 2023-24 LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

APPROVING THE ENGINEER'S REPORT, DECLARING INTENTION TO LEVY AND

SETTING THE DATE OF PUBLIC HEARING
TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2023.”

Comments:

Staff has received plans and specifications for The Street Improvement Project Wright Road from Fernwood Avenue to Duncan Avenue. This project has been delayed due to a lack of funding for FY 2022-2023 and has received the required funding for FY 23-24 to advertise the project. With approval of the City Council, staff will advertise to solicit bids for the Street Improvement Project at Wright Road from Fernwood Avenue to Duncan Avenue.

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled:
“APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT

BIDS FOR THE STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034) (CIP No. 4011.67.911).”

Comments:

The Lynwood Landscape Maintenance District was first established in 1978 under the Landscape and Lighting Act of 1972. Staff requests for the City Council to adopt the attached resolutions accepting the Engineer’s Report and declaring the City Council’s intention to order the levy and collection of annual assessment for Fiscal Year 2023-
2024
and fixing the time and place for hearing protests and objections as July 18, 2023
.

Recommendation:

Staff recommends that the City Council adopt the attached resolutions entitled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ENGINEER’S REPORT PREPARED PURSUANT TO
CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEQ., AS
City Council Regular Meeting 6

10.2 FY 2023-24 LYNWOOD LIGHTING ASSESSMENT DISTRICT APPROVING THE

ENGINEER'S REPORT, DECLARING INTENTION TO LEVY, AND SETTING THE

DATE OF THE PUBLIC HEARING

10.3 AWARD OF CONTRACT TO DBX, INC. FOR THE TRAFFIC SIGNAL

IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HIGHWAY AND RUTH

ORDERED BY THE CITY COUNCIL ON
JUNE 20, 2023
, RELATING TO THE
LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT.”

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,

DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024 WITHIN THE

LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2023.”

Comments:

The Lynwood Lighting Assessment District was formed in 1981 under the Landscaping and Lighting Act of 1972. Staff requests for the City Council to adopt the attached resolutions accepting the Engineer’s Report and declaring the City Council’s intention to order the levy and collection of annual assessment for
Fiscal Year 2023-2024
and fixing
the time and place for hearing protests and objections as July 18, 2023
.

Recommendation:

Staff recommends that the City Council adopt the attached resolutions entitled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ENGINEER’S REPORT PREPARED PURSUANT TO
CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEQ., AS

ORDERED BY THE CITY COUNCIL ON
JUNE 20, 2023
, RELATING TO THE
LYNWOOD LIGHTING ASSESSMENT DISTRICT.”

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024 WITHIN THE

LYNWOOD LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND

PLACE FOR HEARING PROTESTS AND OBJECTIONS AS
JULY 18, 2023
.”
City Council Regular Meeting 7
AVENUE FY 2023-2024 PROJECT NO. 4011.68.115

11. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

12. STAFF ORAL COMMENTS

Comments:

Staff has conducted a traffic signal analysis at the intersection of Imperial Highway and Ruth Avenue and determined that the intersection warrants a new traffic signal. Traffic Signal plans and specifications have been prepared and have been approved by City Council. Staff has sent out a Notice of Inviting Bids and found DBX Inc to be lowest responsive bidder. With City Council approval, the contract between DBX Inc. and the City of Lynwood will be awarded for construction of Traffic Signal Improvements at the Intersection of Imperial Highway and Ruth Avenue.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARD OF CONTRACT TO DBX, INC. FOR THE TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HIGHWAY AND RUTH AVENUE FY 2023-2024 PROJECT NO. 4011.68.115; AUTHORIZING THE CITY MANAGER TO APPROVE

AGREEMENT AMENDMENTS RELATED TO THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.”

ADJOURNMENT

THE NEXT REGULAR MEETING WILL BE HELD ON JULY 5, 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 8

AGENDA STAFF REPORT

DATE:

June 20, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Harry Wong, Director of Finance & Administration
Delania G. Whitaker, Senior Management Analyst
SUBJECT:

ADOPTION OF THE FISCAL YEAR 2023-25 BIENNIAL CITYWIDE
BUDGET
Agenda Item # 8.1.

Recommendation:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2023-25 BIENNIAL CITYWIDE BUDGET

A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2023-25 SUCCESSOR

AGENCY BUDGET

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FISCAL YEAR 2023-25 MASTER FEE

SCHEDULE

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2023-24 PURSUANT TO ARTICLE XIIIB

OF THE CALIFORNIA CONSTITUTION
Background:

The City’s budget is an important policy document. It serves as an annual financial plan, identifying the spending priorities for the organization. The budget is used to balance available resources with community needs, as determined by the City Council. It also serves as a tool City Council City Council Regular Meeting 9
for communicating the City’s financial strategies and for ensuring accountability.

Generally, the City’s biennial operating budget process is a plan for two specified fiscal years.

The fiscal years for this budget begin on July 1, 2023 and ends on June 30, 2025. For the upcoming fiscal years, staff is presenting the proposed two-year operating and capital budgets for FY 2023-24 and 2024-25 for Council’s consideration. At the conclusion of the first fiscal year of this biennial budget cycle, i.e., end of FY 2023-24, staff will update the revenue estimates and appropriation, and bring back the revised FY 2024-25 budget for Council’s consideration.

On May 30, 2023, the City Council conducted a Budget Workshop to review and discuss the FY 2023-25 Proposed Biennial Citywide Budget. The focus at the Budget Workshop was on the General Fund. Staff has taken Council’s comments on the draft budget, made modifications, and incorporated them into the full FY 2023-25 Proposed Biennial Citywide Budget (City, Successor Agency, Lynwood Utility Authority, Appropriations Limit, and Master Fee Schedule), for formal adoption.

Budget Development

Per the Lynwood Municipal Code, the City Manager is responsible for the development of a proposed budget for consideration by the City Council. The budget development process begins with a mid-year update of the current year budget and the General Fund revenue forecast, which establishes a general framework to develop budget guidelines for the upcoming fiscal year.

The primary goals in developing the operating budget have been to ensure public safety, improve the City’s deteriorating infrastructure, and maintain core services to residents and businesses while ensuring fiscal conservancy. The City’s budget was developed utilizing Zero- Based Budgeting (ZBB). ZBB is an approach to budgeting in which each budgeted year’s activities are evaluated in a self-contained fashion, with little or no weight given to the precedents of past years. ZBB is contrasted to incremental budgeting, in which the budget justification is focused on the difference between the current year and the proposed budget year.

In addition to using a ZBB approach to budgeting, the following fiscal policies have been developed by the City Manager to provide each department a consistent and strategic approach in preparing the City’s FY 2023-25 Proposed Biennial Citywide Budget.

• Minimize use “one-time money” for ongoing operations. • Budget decisions will be made as a whole in context, with no special requests considered in isolation.
• The perception of funding actions, as well as the fiscal impact, will be considered before expenditures are made.
• Make strategic use of volunteers, partnerships and collaborations, including with other City Council City Council Regular Meeting 10
public agencies, to meet community needs and/or provide services. • The Biennial Citywide Budget shall be prepared such that current revenues plus net operating transfers will be sufficient to support current expenditures. • Review options for consolidation of functions that reduce operational costs and improve efficiency.
• Expenditures from all operating funds shall not exceed the budgeted appropriations (as amended) for these funds.
• When capital projects are considered, all associated costs should be identified in order to properly assess future financial impacts.
• Any necessary reduction in permanent positions will be accomplished first through attrition and retirements, with layoffs used only as a last resort. • Each enterprise fund should reflect the true cost of operation, including direct and indirect costs of services provided by the General Fund. • The use of reserves does not provide a viable solution to the revenue/expenditure gap. • Once adopted, the biennial citywide budget should be amended only when urgency requires, and then by identifying specific funding sources for these new priorities.

These policies are intended to serve as guidelines for measuring financial performance, justifying programs and services and setting future budgetary goals.

Departmental budgets are submitted to the City Manager for review for the proposed fiscal year budget(s). A draft preliminary budget is prepared. Once the draft preliminary budget is prepared it is presented to the City Council to solicit input and obtain further direction before the budget is finalized for adoption.

Key Changes from May 30th Budget Workshop

Pursuant to Council direction at the May 30, 2023 Budget Workshop, the following key changes have been incorporated into the FY 2023-25 Proposed Biennial Citywide Budget:

• Personnel Changes - Addition of two (2) part-time Office Assistant II – City Manager’s Office; Addition of one (1) full-time Facility & Program Supervisor – Recreation & Community Services; Reclassify five (5) part-time Maintenance Worker into one (1) full-time and two (2) part-time Maintenance Worker – Public Works
• $500,000 from ARPA funds for Utility Assistance Program • $50,000 from ARPA funds for additional business license enforcement services • $448,000 from ARPA funds for MultiSensor Cameras
• $198,000 from ARPA funds for Citywide License Plate Readers Discussion and Analysis:

GENERAL FUND

The General Fund is the primary revenue source and operating fund for most of the services, such as public safety (Los Angeles County Sheriff & Fire), street and park maintenance, and community services, that the City provides to the community.

The FY 2023-24 and FY 2024-25 Proposed Budgets were developed in the context of the City gradually recovering from the impact of the Covid-19 pandemic, but still facing a lot of City Council City Council Regular Meeting 11
economic uncertainties due to the ongoing Russo-Ukrainian war, increasing trade conflict with China and supply chain disorder, as well as the continue inflationary pressures and the increasing recessionary risk. For FY 2023-24, the proposed revenue for property, sales, and use taxes is comprised of 64.77%, or $27.58 million of the total $42.59 million in resources provided to the General Fund. Utility user’s tax, licenses, permits, franchise fees, fines, interest, rent and other miscellaneous sources represent 30.35%, or $12.93 million, of revenues. Interfund transfers from other funds make up another 4.88%, or $2.08 million of the total.

For FY 2024-25, the proposed revenue for property, sales, and use taxes is comprised of

59.55%, or $28.24 million of the total $47.42 million in resources provided to the General Fund. Utility user’s tax, licenses, permits, franchise fees, fines, interest, rent and other miscellaneous sources represent 28.66%, or $13.59 million, of revenues. Interfund transfers from other funds make up another 11.79%, or $5.59 million of the total.

FY 2023-25 GENERAL FUND

PROPOSED BUDGET

FY 2023-24
Proposed
FY 2024-25
Proposed

Revenue
$42,588,951
$47,420,576

Expenditures
$54,258,757
$48,044,643

Projected Deficit
($11,669,806)
($624,067)

Beginning Balance
$17,100,534
$5,430,728

Ending Balance
$5,430,728
$4,806,661

Fund Balance Needed to
Meet Reserve Policy
$5,425,876
$4,804,464

The FY 2023-24 proposed budget includes $54.26 million in recommended expenditures.

Personnel costs, which include salaries and benefits, represent $8.99 million of the total expenditures. Operational costs, which include materials, services and supplies, account for $33.32 million of the budget. Debt service and transfers to other funds costs total $11.95 million. The proposed expenditures have increased by 31.22% or $12.91 million over FY 2022-23 revised adopted budget. Such substantial increase is primarily due to the $11.95 million budgeted transfers out in FY23-24, of which $7.82 million are related to CIP projects, which are considered as non-recurring expenditures.

The FY 2024-25 proposed budget includes $48.04 million in recommended expenditures.

Personnel costs, which include salaries and benefits, represent $9.25 expenditures.

Operational costs, which include materials, services and supplies, account for $34.33 million of the budget. Debt service and transfers to other funds costs total $4.46 million. The projected expenditures have increased by 16.19% or $6.69 million over the FY 2022-23 revised adopted budget (of which $2.69 million increase is attributable to the increase in City Council City Council Regular Meeting 12
contract cost of police and fire safety services), but decreased 11.45% or $6.21 million from proposed FY 2023-24 budget.

Some of the key highlights of the 2023-25 proposed budget include:

Sustained level of service for Public Safety
Continuous operation of City Hall services with no reductions in hours Contingency Set-Aside Fund Transfer - $1,366,737 (Beginning FB is at negative $366,737)
Rainy Day Fund Transfer - $1,485,559 (10% of Measure PS) Establishment of Internal Service Funds
Self-Insurance Fund
Information Technology Fund
Equipment/Machinery/Vehicle Replacement Fund
Equipment/Machinery/Vehicle Maintenance Fund
Facilities Maintenance Fund (to be established in the next biennial budget) Resources for departments:

Additions
Communications Specialist – City Manager’s Office
Facility & Program Supervisor – Recreation & Community Services Assistant Administrative Analyst – Public Works
Maintenance Worker – Public Works
Two (2) part-time Office Assistant II – City Manager’s Office Ten (10) Part-Time Recreation Staff – Recreation & Community Services Two (2) Part-Time Maintenance Worker – Public Works
Deletions
Permit Technician – Public Works

3.60 FTE (Part-Time) Water/Sewer Service Workers – Public Works Reclassifications
ARPA Coordinator to Senior Management Analyst – City Manager’s Office PW Operations Supervisor to PW Operations Manager – Public Works Water Service/Wastewater Maintenance Worker II to Water Compliance Specialist – Public Works
Accounting Technician to Senior Accounting Technician – Public Works

CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET

The combined CIP program for FY 2023-24 and FY 2024-25 is $55.13 million. For the fiscal years 2023–2024 and 2024–2025, non–general fund revenues will cover about 84.61% of the CIP, while general fund would cover the remaining 15.39%.

For FY 2023-24, water and sewer improvements total $16.09 million, street/alley/sidewalk/traffic improvements total $13.19 million, facilities/park improvements total $19.96 million, and other improvements total $550,000. For FY 2024-25, improvements to Water and Sewer facilities total $640,000 and street/alley/sidewalk/traffic improvements total $4.70 million.

PROPOSED WATER/SEWER RATE INCREASE
City Council City Council Regular Meeting 13

In efforts to maintain sufficient revenue to cover water/sewer operating expenses, the City has issued a prop 218 notice to increase the current rates that were last adjusted on April 18, 2017 for fiscal year 2017 through 2021. The establishment of the new rate structure allows the City achieve revenue stability, equitable cost recovery, and ratepayer affordability.

OTHER FUNDS – DEFICITS

For FY 2023-25, staff projects major operating deficits in the Landscape Maintenance Assessment District Fund and Equipment/Machinery/Vehicle Maintenance Fund. The operating deficit in the Landscape Maintenance Assessment District Fund for FY 2023-25 is due to the fact that proposed expenditures exceed revenues. The assessment rates have not been adjusted for more than 30 years. The rates have not kept up with current costs or CPI.

Therefore, operational expenses outpace tax assessment revenues.

The operating deficit in the Equipment/Machinery/Vehicle Maintenance Fund is due to higher equipment replacement and maintenance costs. City does not have a replacement fund for new equipment purchases/leases, and the existing maintenance fund does not have sufficient budget to cover the increasing equipment maintenance costs.

The FY 2023-25 proposed budgets include combined deficit of $10.46 million and $12.36 million for the Landscape Maintenance Assessment District Fund and Equip/Mach/Vehicle Maintenance Fund, respectively.

FY 2022-23
Projected
Fund Deficit
(Unaudited)
FY 2023-24
Proposed
Budget
FY 2024-25
Proposed
Budget
Landscape Maintenance
(6,537,742)
(8,389,247)
(10,290,014)
Equip/Mach/Vehicle
Maintenance Fund
(2,073,841)
(2,073,841)
(2,075,319)
Total
($8,611,583)
($10,463,088)
($12,365,333)
If no action is taken, the deficits (specifically the Landscape Maintenance Fund) will continue to increase. The General Fund cannot sustain these fund deficit amounts. The General Fund reserve will decline and ultimately become non-existent. The issue remains because the assessment rates for the Landscape Maintenance Fund have not been updated for years (last updated in FY 1998-99). Therefore, the Landscape Maintenance Fund will require action in the near future to address the ongoing funding source problems.

CONCLUSION

The final operating budget for FY 2023-25 reflects the ongoing efforts of staff to maintain service levels while achieving long-term fiscal stability. For many programs, comparisons between the proposed budget and prior-year budgets will show significant differences due to major modifications that have occurred across the organization in staffing levels, changes in delivery of service models, decreased reliance on consultants and thoughtful consideration to supply consumption.

City Council City Council Regular Meeting 14
FY 2023-25 Successor Agency Budget_230620.pdf
FY 2023-24 Master Fee Schedule Update_230620.pdf
FY 2023-24 Appropriation Limit_230620_FINAL.pdf
Resolution FY_2023-25_Successor_Agency.docx
Resolution FY_2023-25_Budget_Adoption.docx
Resolution FY_2023-25_Master_Fee_Schedule.docx
Resolution FY_2023-24__Appropriation_Limit.docx
Undoubtedly, much work lies ahead to achieve long-term fiscal sustainability. Over the course of the coming fiscal years, staff will continue to explore various methods for increasing revenue and providing services in the most cost-effective way possible, as well as examine different opportunities to address the City’s unfunded liabilities such as retiree medical, leave bank accruals, and retirement costs that continue to be major impediments to achieving fiscal sustainability.

Fiscal Impact:

It is estimated that the General Fund unassigned fund balance will complete the 2022-23 fiscal year, or to start the biennial budget of Fiscal Year 2023-25, at $17.10 million.

Unused appropriations and/or revenue exceeding expenses, at the end of every year, revert back to fund balance. Each fund’s fund balance can then be used for one-time expenses (non-operating) or put aside as a reserve for future purposes. It is proposed by staff that Council approve the transfer of those funds that exceeded expenses in 2022-23 to reserves, which are included in the year-end budget adjustments.

If Council elects to adopt the biennial budget of Fiscal Year 2023-25, the projected General Fund balance would be $5.30 million at the end of FY 2023-24 and $4.81 million at the end of FY 2024-25.

Coordinated With:

City Manager
City Attorney
All Departments
ATTACHMENTS:

Description
City Council City Council Regular Meeting 15
FY 2022-23
Adopted
Budget
FY 2023-24
Proposed
Budget
FY 2024-25
Proposed
Budget
Revenues
Redevelopment Property Tax Trust
Fund (RPTTF) Revenues 5,198,938 $ 2,251,606 $ 2,251,606 $ Administrative Allowance - - - Total: 5,198,938$ 2,251,606 $ 2,251,606 $
Expenditures
Administrative Allowance - $ - $ - $ Project Staffing Costs 278,708 309,340 318,024 ROPS Obligations 5,225,699 2,524,193 2,117,414 Total: 5,504,407$ 2,833,532 $ 2,435,438 $
Surplus/(Deficit) (305,469) $ (581,926) $ (183,832) $ City of Lynwood
Exhibit C
FY 2023-25 Proposed Successor Agency Budget
16 FY 2023-25 Proposed Master Fee Schedule Changes Exhibit A # Category FY 23 Unit FY 24 Proposed Rate Unit Change Type 1 Planning Site Plan Review Planning Commission 840.00 $ each 2,749.00 $ each Updatin g fee schedule 2 Planning 2,396.00$ each 2,396.00 $ each Updatin g fee schedule 3 Planning Parcel/Track map Sub 2,749.00 $ each 3,749.00 $ each Increase 4 Planning SB9 Subdivision New Fee each $2,749.00 each Increase- Stae Bill 5 Planning Over the counter aproval residential 145.00 $ each 176.00 $ each Updating fee schedule 6 Business License Expedite Special Event Permit New Fee each 1500+Public Works Deposit each New Fee- Council 7 Water Reconnection Fee 40.00$ per occurrence 45.00 $ per occurance Updatin g fee schedule
8 Water Construction Meter Rental Fee 1.50 $ Dail y Fee 5.00 $ Dail y Fee 9 Water 3" Construction Meter 1,500.00 $ Refundable Deposit 1,500.00 $ Refundable Deposit Unit Chan ge 10 Water 6" Construction Meter 2,000.00$ Refundable Deposit New Fee 11 Water Construction Meter Installation 200.00$ each New Fee 12 Water Construction Meter Removal 200.00$ each New Fee 13 Water Construction Meter Relocation 100.00$ each New Fee 14 Water H ydrant Unauthorized Fee 750.00$ per incident New Fee 15 Water Construction Meter Staff Readin g 50.00$ per occurance New Fee Fee Name
Conditional Use Permit
17 REVENUE SUMMARY
FISCAL YEAR 2023-24

EXHIBIT B
Revenue Categories:

Taxes 50,480,493
Licenses/Permits 731,600
Revenue from Other Agencies 10,312,547
Charges for Services 18,408,777
Other Revenue 10,278,389
Fines, Forfeits & Penalties 897,000
Revenue from Money/Prop 1,171,710
Total Revenues 92,280,515
Taxes (Exclude Interest) 50,480,493
Non-taxes (Exclude Interest) 41,352,360
Total - Taxes and Non-Taxes 91,832,853
Add: Interest 447,662
Total - Taxes, Non-Taxes & Interest 92,280,515
Interest Distribution
(%):

Allocation for Taxes 54.97% 246,080
Allocation for Non-Taxes 45.03% 201,582
Total Interest 100.00% 447,662
Revenue Summary:

Taxes plus interest 50,726,573
Non-Taxes plus Interest 41,553,943
Total Revenues 92,280,515
18 APPROPRIATION LIMIT CALCULATION

POPULATION APPROPRIATION
YEAR CPI CHANGE % * FACTOR* LIMIT**
FY 1986-87 BASE YEAR 8,490,630
FY 2000-2001 (Recalculated) 17,267,822
FY 2001-2002 (Recalculated) 7.82% 1.09611 18,927,227
FY 2002-2003 (Recalculated) -1.27% 1.63% 1.00480 19,017,609 FY 2003-2004 (Recalculated) 2.31% 1.03% 1.04010 19,779,900 FY 2004-2005 (Recalculated) 3.28% 0.61% 1.04710 20,710,597 FY 2005-2006 (Recalculated) 5.26% 0.31% 1.06500 22,057,214 FY 2006-2007 (Recalculated) 3.96% 0.35% 1.04700 23,109,539 FY 2007-2008 (Recalculated) 4.42% 1.20% 1.05170 24,304,724 FY 2008-2009 (Recalculated) 4.29% 1.31% 1.05190 25,565,384 FY 2009-2010 (Recalculated) 4.35% 1.11% 1.01530 25,955,404 FY 2010-2011 (Recalculated) -2.54% 0.53% 0.98270 25,506,095 FY 2011-2012 (Recalculated) 2.51% 0.77% 1.02900 26,245,654 FY 2012-2013 3.77% 0.56% 1.04350 27,387,602
FY 2013-2014 5.12% 1.02% 1.06192 29,083,504
FY 2014-2015 -0.23% 0.42% 1.00548 29,242,942
FY 2015-2016 3.82% 0.52% 1.04671 30,608,975
FY 2016-2017 5.37% 0.20% 1.06266 32,526,825
FY 2017-2018 4.28% 0.57% 1.03690 33,919,309
FY 2018-2019 3.67% 0.78% 1.04479 35,438,428
FY 2019-2020 3.85% -0.01% 1.03840 36,799,127
FY 2020-2021 3.73% -0.11% 1.03616 38,129,746
FY 2021-2022 5.73% -0.89% 1.04789 39,955,781
FY 2022-2023 7.55% -0.71% 1.06786 42,667,338
2023-2024:
*Per Capita Cost of Living Change = 4.44 percent
*Population Change (Los Angeles County) = -0.75percent
Based on Population Change - County
Per Capita Cost of Living Converted to a Ratio: 4.44+100 = 1.04440
100
Population increase Converted to a Ratio: (-0.75)+100 = 0.99250 100
Calculation of Factor for FY 2022-2023: 1.04440 x 0.99250 = 1.03657 Calculation of Appropriation Limit $42,667,338 x 1.03657 = $44,227,555 (Prior Year's Appropriation Limit Multiplied by Factor)

STATUS OF APPROPRIATION LIMI
T FY 2023-2024
Maximum Appropriation Limit 44,227,555
(1) Proceeds of Taxes (less Retirement Taxes + Interest Allocation for Taxes) 45,032,573 Under Maximum Appropriation Limit -805,018
Over Maximum Appropriation Limit -
(1) (+) Proceeds of Taxes 50,480,493
(-) Retirement Taxes 5,694,000
(+) Interest Alloc. on Proceeds of Taxes 246,080
Total 45,032,573
*Source: State Department of Finance
19 May 2023
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 20 23, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE SPEPHENSHAW
Director
By:

Erika Li
Chief Deputy Director
Attachment
20 May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407 21 Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
Los Angeles
Agoura Hills -0.03 19,776 19,770 19,770
Alhambra -0.37 81,609 81,303 81,303
Arcadia -0.74 55,918 55,503 55,503
Artesia -0.82 16,139 16,007 16,093
Avalon -1.03 3,386 3,351 3,351
Azusa 0.06 49,453 49,483 49,483
Baldwin Park -0.63 70,815 70,368 70,368
Bell -0.72 33,612 33,370 33,370
Bellflower -0.92 77,638 76,924 76,924
Bell Gardens -0.84 38,774 38,447 38,447
Beverly Hills -0.90 31,945 31,658 31,658
Bradbury 0.34 886 889 889
Burbank -0.42 104,976 104,535 104,535
Calabasas -0.99 23,037 22,808 22,808
Carson -0.60 92,746 92,186 92,186
Cerritos -1.06 48,402 47,887 47,887
Claremont -0.74 37,034 36,759 36,759
Commerce -1.04 12,163 12,036 12,036
Compton -0.61 94,294 93,719 93,719
Covina -0.67 50,690 50,350 50,350
Cudahy -0.52 22,386 22,270 22,270
Culver City -0.73 39,972 39,682 39,682
Diamond Bar -1.03 53,935 53,381 53,381
Downey -0.73 112,078 111,261 111,261
Duarte 6.60 21,384 22,796 22,796
El Monte -0.84 107,279 106,377 106,377
El Segundo -0.67 17,042 16,928 16,928
Gardena -0.47 60,090 59,809 59,809
Glendale -0.82 192,870 191,284 191,284
Glendora -0.80 51,571 51,159 51,159
Hawaiian Gardens -0.94 13,675 13,546 13,546
Hawthorne -0.96 86,535 85,702 85,702
Hermosa Beach -0.98 19,206 19,018 19,018
Hidden Hills -0.80 1,745 1,731 1,731
Huntington Park -0.93 53,783 53,281 53,281
Industry -0.23 428 427 427
Inglewood -0.64 106,928 106,248 106,248
Irwindale -0.87 1,496 1,483 1,483
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 22 Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
La Canada Flintridge -0.65 20,060 19,930 19,930
La Habra Heights -1.06 5,564 5,505 5,505
Lakewood -0.92 80,900 80,154 80,154
La Mirada -1.00 48,384 47,899 47,899
Lancaster -0.54 170,660 169,742 173,376
La Puente -0.63 37,594 37,356 37,356
La Verne -0.89 32,344 32,056 32,056
Lawndale -0.93 31,171 30,882 30,882
Lomita -1.02 20,300 20,092 20,092
Long Beach -0.44 460,199 458,168 458,222
Los Angeles -0.97 3,800,240 3,763,328 3,766,109
Lynwood -0.55 66,595 66,228 66,228
Malibu -0.21 10,534 10,512 10,512
Manhattan Beach -1.24 34,713 34,284 34,284
Maywood -0.94 24,779 24,546 24,546
Monrovia -0.62 37,772 37,539 37,539
Montebello -0.26 61,804 61,645 61,645
Monterey Park -0.90 59,824 59,288 59,288
Norwalk -0.71 101,116 100,399 101,153
Palmdale -0.66 167,015 165,917 165,917
Palos Verdes Estates -0.90 13,052 12,935 12,935
Paramount -0.72 52,557 52,178 52,178
Pasadena -0.60 137,814 136,988 136,988
Pico Rivera -0.77 61,446 60,975 60,975
Pomona -0.12 149,908 149,721 149,721
Rancho Palos Verdes -1.02 41,434 41,013 41,030
Redondo Beach -0.97 69,078 68,407 68,407
Rolling Hills -1.13 1,688 1,669 1,669
Rolling Hills Estates -0.40 8,480 8,446 8,446
Rosemead -0.17 50,109 50,022 50,022
San Dimas -0.95 34,407 34,079 34,079
San Fernando -0.20 23,533 23,487 23,487
San Gabriel -0.58 38,690 38,466 38,466
San Marino -0.62 12,282 12,206 12,206
Santa Clarita 0.71 229,039 230,659 230,659
Santa Fe Springs -0.88 18,689 18,525 18,570
Santa Monica -0.02 91,739 91,720 91,720
Sierra Madre -0.81 10,909 10,821 10,821
Signal Hill -0.84 11,528 11,431 11,431
South El Monte -0.85 19,627 19,461 19,461
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 23 Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 County
City
Percent Change
2022-2023
--- Population Minus Exclusions ---
1-1-22 1-1-23
Total
Population
1-1-2023
South Gate
South Pasadena
Temple City
Torrance
Vernon
-0.78
-0.59
-0.55
-0.88
-0.97
93,355
26,428
36,010
144,327
207
92,628
26,273
35,813
143,057
205
92,628
26,273
35,813
143,057
205
Walnut
West Covina
West Hollywood
Westlake Village
Whittier
Unincorporated
-0.61

0.23 -0.39
-1.12
-0.47
-0.95
27,721
107,642
34,930
8,009
87,707
1,006,954
27,553
107,893
34,793
7,919
87,291
997,407
27,553
107,893
34,793
7,919
87,291
997,999
County Total -0.75 9,826,563 9,753,247 9,761,210
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 24 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2023-25

SUCCESSOR AGENCY BUDGET
WHEREAS, the City Council as Successor Agency to the Lynwood Redevelopment Agency reviewed the Fiscal Year 2023-25 Proposed Budget for the Successor Agency attached as Exhibit “C”; and
WHEREAS, the agenda for the June 20, 2023 meeting of the City Council as Successor Agency to the Lynwood Redevelopment Agency was duly posted, and the Fiscal Year 2023-25 Proposed Budget for the Successor Agency and all related agenda material were made available to all interested parties.

NOW, THEREFORE, THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY DOES HEREBY 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 Successor Agency budget for Fiscal Year 2023-25 is hereby adopted, as presented in the FY 2023-25 Proposed Budget.

Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

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

Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED and ADOPTED this 20th day of June, 2023. ___________________________
Oscar Flores
Mayor
25 2
ATTEST:
______________________________ ____________________________ Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ __________________________
Noel Tapia Harry Wong
City Attorney Director of Finance & Administration
26 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 ___th day of _______, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2023-25 BIENNIAL CITYWIDE BUDGET
WHEREAS, the City Council of the City of Lynwood (the “City Council”) reviewed the FY 2023-25 Proposed Budget for the City of Lynwood attached herein and made a part of this resolution through this reference; and
WHEREAS, the agenda for the June 20, 2023 meeting of the City Council was duly posted, and the FY 2023-25 Proposed Budget and all related agenda material were made available to the interested parties.

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

Section 2. The City of Lynwood Budget for Fiscal Year 2023-25 is hereby adopted, as presented in the FY 2023-25 Proposed Budget.

Section 3. The Fiscal Year 2023-25 Proposed Budget will be amended by adding, deleting, reclassifying, and/or transferring the classifications/positions and their funding as follows:
# of Action Position Title Department
1 Add Communications Specialist City Manager’s Office
2 Add Part-Time Office Assistant II City Manager’s Office 1 Add Assistant Administrative Analyst Public Works
1 Add Maintenance Worker Public Works
2 Add Part-Time Maintenance Worker Public Works
1 Add Facility & Program Supervisor
Recreation & Community
Services
10 Add Part-Time Recreation Staff
Recreation & Community
Services
1 Delete Permit Technician Public Works

3.60 FTE Delete
Part-Time Water/Sewer Service
Worker Public Works
1 Reclass
ARPA Coordinator to Senior
Management Analyst City Manager’s Office
1 Reclass
Public Works Operations
Supervisor to Public Works
Operations Manager Public Works
28 2
# of Action Position Title Department
1 Reclass
Water Service/Wastewater
Maintenance Worker II to Water
Compliance Specialist Public Works
1 Reclass
Accounting Technician to Senior
Accounting Technician Public Works
Section 4. That the City Manager (at his discretion) or his designee is authorized to carry over incomplete Capital Improvement Projects with remaining account balances and available funding sources from the prior fiscal year, to allow the work in progress relative to these projects to continue in an uninterrupted manner contingent upon revenues being available.

Section 5. The City Manager or his designee is authorized to approve any transfer between accounts provided that they are within the same department and the same fund.

Section 6. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 7. This Resolution shall go into effect immediately upon its adoption.

Section 8. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2023. _____________________________
Oscar Flores
Mayor
ATTEST:
______________________________ _____________________________ Maria Quinonez Ernie Hernandez
City Clerk City Manager
29 3
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ Noel Tapia Harry Wong
City Attorney Director of Finance & Administration
30 4

STATE OF CALIFORNIA )
) §

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FISCAL YEAR 2023-25

MASTER FEE SCHEDULE
WHEREAS, the City of Lynwood is a general law city under California law with a recognized mandate to preserve, protect and enhance the general health and welfare of its residents; and
WHEREAS, the Government Finance Officers Association (GFOA) states: “A government should adopt policies that identify the manner in which fees and charges are set and the extent to which they cover the cost of the service provided”; and WHEREAS, the Master Fee Schedule allows the public and the City staff to obtain a better understanding of all fees, rates, and permits charged by the City of Lynwood; and WHEREAS, current charges are insufficient to cover all business costs associated with providing certain services; and
WHEREAS, pursuant to Government Code §66016, the specific fees to be charged for services must be adopted by the City Council by resolution or ordinance, after providing notice and holding a public hearing; and
WHEREAS, amendments for the Master Fee Schedule were presented to City Council on June 20, 2023.

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

Section 2. That the City Council approves and adopts the revisions to the City of Lynwood’s Master Fee Schedule, attached hereto as Exhibit “A”, and the revisions together with the fees in the Master Fee Schedule that were already previously approved shall form the FY 2023-24 Master Fee Schedule which is hereby adopted.

Section 3. That any existing fee not specifically enumerated in the attached Exhibit “A” shall remain in effect at the current level and shall be subject to the provisions of the legislative action that placed it into effect.

Section 4. Any action adopting or increasing a fee or charge for development projects may not take effect for at least 60 days upon adoption. 32 2
Section 5. All other fees that are not related to development projects fees are effective immediately upon approval.

Section 6. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 7. This Resolution shall take full force and effect immediately upon adoption by the City Council.

Section 8. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2023. ____________________________
Oscar Flores
Mayor
ATTEST:
______________________________ _____________________________ Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
______________________________ ______________________________ Noel Tapia Harry Wong
City Attorney Director of Finance & Administration
33 3

STATE OF CALIFORNIA )
) §

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2023-24

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIIB of the California Constitution states that the total annual appropriation subject to limitations of each government entity shall not exceed the appropriation limit of such entity of government, except for prior year adjustments in the cost-of-living or personal income and population, as noted in Article XIIIB and State Statues; and
WHEREAS, pursuant to Article XIIIB of the California Constitution, and section 7900 et seq. of the California Government Code, the City of Lynwood is required to set its appropriation limit for each fiscal year by resolution, and approve appropriate inflation and population factors used in calculating the limit; and WHEREAS, the total annual appropriation subject to limitation has been computed in accordance with provisions set forth in Article XIIIB, Government Code Section 7900 et seq. and Proposition 111; and
WHEREAS, detailed documentation used in calculating the appropriation limit for FY 2023-24 is available for review on file in the Finance and Administration Department, and a summary is provided in the attached Exhibit “B”, which is incorporated as a part of this resolution for reference.

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

Section 2. That the City reserves the right to adjust or amend the appropriation limit based upon use of alternative growth factors as authorized by Proposition 111 if such changes or revisions would result in an advantageous appropriation limit, now or in the future.

Section 3. That the City of Lynwood’s Appropriation Limit for FY 2023-24 is $44,227,555 as calculated under Exhibit “B”.

Section 4. That the growth factors used in calculating the FY 2023-24 Appropriation Limit shall be the percentage change in California per capita income and the percentage change in population in the County of Los Angeles.

Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
36 2
Section 6. The Resolution shall take effect immediately upon its adoption.

Section 7. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2023. _________________________
Oscar Flores
Mayor
ATTEST:
______________________________ __________________________ Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ __________________________
Noel Tapia Harry Wong
City Attorney Director of Finance & Administration
37 3

STATE OF CALIFORNIA )
) §

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

DATE:

June 20, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

PREPARED BY:

Gabriel Linares PE
Community Development Director
SUBJECT:

PUBLIC HEARING TO ADOPT LEVY ON THE PARKING AND BUSINESS

IMPROVEMENT DISTRICT (PBID) ANNUAL ASSESSMENT FOR
FISCAL YEAR 2023-24 AND 2024-25
Agenda Item # 8.2.

Recommendation:

Staff recommends that the Council:

1 .

Conduct a public hearing, receive public testimony, and, after discussion, vote upon the matter at hand.
2 .

Adopt the attached resolution entitled:

“A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

ADOPTING

THE

RESOLUTION

THE

PARKING

AND

BUSINESS

IMPROVEMENT

DISTRICT

(PBID)

ADVISORY

BOARD

SETTING

THE

ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PBID FOR THE 2023-24 AND 2024-25 FISCAL YEARS FOR THE LEVY OF THE ASSESSMENT PURSUANT TO THE APPROVED REPORT."
Background:

City Council City Council Regular Meeting 39
Section 3 of the Ordinance identifies the PBID Area as all of the territory within the boundaries of the City of Lynwood and Section 4(a) of the Ordinance established the system of charge and the method each business is assessed. The mandated levy imposes an additional 50% fee of the business license tax to all businesses located within the PBID area, which is assessed each year at the same time as the business license renewal, which takes place each December.

On
April
27, 2023 the Community
Development
staff met with the Finance Committee and
presented the PBID assessment, improvement plans and described the next steps in the approval process. The Finance Committee received the information and agreed with the next steps.

On May 9th, 2023 the PBID Advisory Board (also known as the Planning
Commission) held a
duly
noticed
public hearing and, at the
conclusion
, voted to recommend that the City Council
set the assessment against business
enterprises
within the PBID for FY23/214 and 2024/25,
and set a Council public hearing date for the
levy
of the PBID
assessments
against business
enterprises
.

Discussion and Analysis:

PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The City expects to receive approximately $120,000 in assessment funds by the end of the current fiscal year (FY23). When combined with FY23 carryover funds (estimated at $329,680), the City anticipates having approximately $449,680 in PBID funds available for FY24.

Community Development and Public Works staff has developed spending plans for FY24 and FY25 to be considered by the PBID Board based on the needs of the District.

An in depth Needs Assessment to identify costs and issues involved with maintaining and improving the City's business areas.

Possible Parking plan layout update along Atlantic Blvd.

Enhancement of landscape, hardscape and continued curb and sidewalk repair along commercial blvds.

E
conomic Development Initiative

·
The Economic Development Incentive focuses on the attraction of consumers, support and retention of businesses, and attraction of new businesses through beautification and promotion of Lynwood. It will strive to address business related issues that may arise throughout the year and provide opportunity for the City to advocate for business growth and expansion of our commercial stock. This effort will also provide funds to enhance infrastructure aesthetics that will promote commerce and consumer activity in our business district. The following itemized list of activities is designed to improve the aesthetics of the City's business City Council City Council Regular Meeting 40
community and assist in the promotion of commerce in Lynwood. All aspects of these activities are for the benefit and general welfare of Lynwood businesses both year round and in specific seasons where regular consumer activity tends to rise.

Below is a summary of the FY24 and FY25 PBID spending plans, which includes the proposed activities and budget for each item.

PBID Spending Plan- FY 2023/24

Description
Amount
1 Seasonal decorations to enhance business district during holidays $50,000
2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.
$50,000

3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.
$140,000
4 Printing supplies for the advertisement of meetings and events. $5,000
5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses.
$57,300

TOTAL

$302,300

PBID Spending Plan- FY 2024/25

Description
Amount
1 Seasonal decorations to enhance business district during holidays $10,000
2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.
$30,000

TOTAL

$200,300

Staff recommends that the City Council set
a public hearing to take place on June 20, 2023, at a
regularly scheduled City Council meeting beginning at 6:00 p.m. in the Council Chambers at Lynwood City Hall Annex to consider approval of the Report that outlines the PBID Spending Plans for Fiscal Years 2023-24 and 2024-25 and use of the PBID funds for an Economic Development Initiative.

City Council City Council Regular Meeting 41
PBID Resolution 2023.24.docx
Fiscal Impact:

There is no fiscal impact to the General Fund. The PBID budget is derived from PBID revenue assessments.

Coordinated With:

City Manager's Office
City Attorney
Finance & Administration Services Department
Public Works Department
ATTACHMENTS:

Description
City Council City Council Regular Meeting 42
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING

THE REPORT OF THE PARKING AND BUSINESS IMPROVEMENT

DISTRICT (PBID) ADVISORY BOARD SETTING THE ASSESSMENT

AGAINST BUSINESS ENTERPRISES IN THE PBID FOR FISCAL YEARS 2023-24 AND 2024-25, APPROVING THE PBID SPENDING PLANS FOR FISCAL YEARS 2023-24 AND 2024-25, AND FIXING THE TIME AND

PLACE FOR THE PUBLIC HEARING FOR THE LEVY OF THE

ASSESSMENT
WHEREAS, pursuant to Section 36500, et. sec. of the Streets and Highway Code of the State of California (CSHC), on November 27, 1985, Ordinance No. 1262 was adopted into law establishing the Parking and Business Improvement District (PBID); and WHEREAS, PBID assessments are levied as a fair and equitable way to provide funds to maintain operate and improve business areas in the City; and WHEREAS, Section 3 of Ordinance No. 1262 identifies the PBID area as all of the territory within the exterior boundaries of the City of Lynwood; and WHEREAS, Section 4a of Ordinance No. 1262 established the system of charge and the method each business would be assessed annually and is based on 50% of the business license tax to all business located within the PBID area; and WHEREAS, the proposed PBID Spending Plan and use of funds in Fiscal Year 2023-24 and 2024-25 Report (“Report”) was submitted and approved by the PBID Advisory Board on May 9, 2023, after having determined that the use of funds would be beneficial to the business community; and
WHEREAS, the Report has the full detailed description of the improvements and activities to be provided and identifies the proposed levy on the businesses within the PBID area for Fiscal Years 2023-24 and 2024-25;and
WHEREAS, it is the desire of the City of Lynwood City Council to adopt the Report, as approved by the PBID Advisory Board, and scheduled a public hearing to allow for any public comment and protests, whether oral or verbal, concerning the intended use of funds pursuant to Sections 36524 and 36525 of the CSHC; and WHEREAS, at the closing of the public hearing, unless protests are received that collectively represent 50% or more of the proposed annual assessment amount, the Council may adopt a resolution to levy the annual assessment and approve the Report outlining the PBID Spending Plans for Fiscal Years 2023-24 and 2024-25; and 43 WHEREAS, the City Council wishes to set the public hearing to take place Tuesday, June 20, 2021, at a regularly scheduled City Council meeting, beginning at 6:00 p.m., in the Council Chambers.

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

Section 1. The City Council hereby adopts the Report, as approved by the PBID Advisory Board, for the levy of assessments within the PBID area for the Fiscal Years 2023-24 and 2024-25 as mandated in Ordinance No. 1262 Section4a.

Section 2. The City Council hereby sets a public hearing to take place on June 20, 2023, at a regularly scheduled City Council meeting beginning at 6:00 p.m. in the Council Chambers at Lynwood City Hall Annex to consider approval of the Report that outlines the PBID Spending Plans for Fiscal Years 2023-24 and 2024-25 and use of the PBID funds for an Economic Development Initiative, which includes: infrastructure design, seasonal decorations, marketing and promotional strategies, sidewalk cleaning, graffiti removal, street sweeper maintenance, and City-owned parking lot improvements, as described in Exhibit A to this resolution.

Section 3 . The City Council hereby directs the Finance and Administration Services Department to include the PBID Spending Plans for FY 2023-24 and 2024-25 in the FY 2023-24/2024-25 Operating Budget to reflect the proposed $360,300 and $180,300 budgets, respectively.

Section 4. A copy of the Report is on file and available to public examination with the City Clerk’s Office.

Section 5. The City Manager, or her designee, is hereby authorized to sign all documents necessary and appropriate to carry out and implement said improvements and activities on the behalf of the City.

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)
44 PASSED, APPROVED and ADOPTED this __day of _____2023.

Oscar Flores, Mayor
ATTEST:

Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AS TO CONTENT
Noel Tapia, City Attorney Ernie Hernandez, City Manager 45 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 ___day of ______ 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 _____day of _____2023.

Maria Quinonez, City Clerk
46 EXHIBIT A

PBID SPENDING PLAN AND USE OF FUNDS REPORT
for
FISCAL YEAR 2023-24 & 2024-25
Summary
On November 27, 1985, Lynwood Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood businesscommunity.

Section 3 of the Ordinance identifies the PBID Area as all of the territory within the boundaries of the City of Lynwood and Section 4(a) of the Ordinance established the system of charge and the method each business is assessed. The mandated levy imposes an additional 50% fee of the business license tax to all businesses located within the PBID area, which is assessed each year at the same time as the business license renewal, which takes place each December.

PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The City expects to receive approximately $115,000 in assessment funds by the end of the current fiscal year (FY 2020-21). When combined with prior year carryover funds (estimated at $245,300), the City anticipates having approximately $360,300 in PBID funds available for FY 2023-24.

The assumption of $57,300 in contingency carryover from FY 2023-24 along with anticipated annual revenue of $125,000 provides the basis of an estimated $180,300 in assessment funds for FY 2024-25.

Levy of Assessments
The levy of assessments imposing an additional 50% fee of the business license tax to all businesses located within the PBID area will continue in Fiscal Years 2023-24 and 2022- 23.

PBID Spending Plan
Below is a summary of the FY24 and FY25 PBID spending plans, which includes the proposed activities and budget for each item.

PBID Spending Plan- FY 2023/24
Description Amount
1 Seasonal decorations to enhance business district during holidays $50,000 2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.
$50,000
47 PBID Spending Plan- FY 2024/25
Description Amount
1 Seasonal decorations to enhance business district during holidays $10,000 2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.
$30,000
3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.
$140,000
4 Printing supplies for the advertisement of meetings and events. $5,000 5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses. $15,300
TOTAL $200,300
3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.
$140,000
4 Printing supplies for the advertisement of meetings and events. $5,000 5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses. $57,300
TOTAL $302,300
48 AGENDA STAFF REPORT

DATE:

June 20, 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
CC WARRANT RESOLUTION TEMPLATE.docx
WARRANT RUN 6 20 2023.pdf
Agenda Item # 9.1.

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated June 20, 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 49
RESOLUTION NO. 2022.XXX
Warrant Registers Dated 06-20-2023
PASSED, APPROVED and ADOPTED this 20th day of June_, 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
50 STATE OF CALIFORNIA )
) §

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 _20th day of June_, 2023. ___________________________
Maria Quiňonez,
City Clerk
51 apCkHist
06/13/2023 3:49PM
Bankcode: apbank
Void Check# Date Vendor
1631
207668
207728
05/25/2023 013091 PERS 457
05/16/2023 013874 GABRIEL PEREZ
05/22/2023 011713 NATHAN ALLAN GLASS
3 checks in this report
Void-Check Listing
City of Lynwood
Status ClearNoid Date Reason-Void/Reissue Inv. Date Amount Paid --
06/07/2023 WRONG AMOUNT 1005296 05/04/2023 6,776.04
05/31/2023 WRONG INV# 207904 05/02/2023 124.00
05/31/2023 444124528 05/02/2023 124.00
06/01/2023 PAID-CITY CREDIT CARD 05/15/2023 3,769.00
apbank Total :

Total Checks:

Page: 1
Check Total
6,776.04
248.00
3,769.00
10,793.04
10,793.04
Page: 1
52 vchlist Electronic Financial Transaction List Page: 2 06/07/2023 11:04:23AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 1599 5/2/2023 013090 PERS Ben151963 PERS: PAYMENT 58,238.41 Total : 58,238.41
1604 5/24/2023 012556 KEENAN & ASSOCIATES Ben152241 DELTA DENTAL: PAYMENT 4,545.61 Total: 4,545.61
1606 5/9/2023 013073 CALPERS INSURANCE Ben152245 MEDICAL: PAYMENT 58,622.84 Total: 58,622.84
1607 5/16/2023 013090 PERS Ben152247 PERS: PAYMENT 58,124.24 Total: 58,124 .24
1612 5/24/2023 012556 KEENAN & ASSOCIATES Ben152598 DELTA DENTAL: PAYMENT 4,459.79 Total : 4,459.79
1614 5/9/2023 013073 CALPERS INSURANCE Ben152602 MEDICAL: PAYMENT 58,383.89 Total: 58,383.89
1615 5/25/2023 013090 PERS Ben152604 PERS: PAYMENT 58,420.04 Total : 58,420.04
1620 5/24/2023 012556 KEENAN & ASSOCIATES Ben152618 DELTA DENTAL: PAYMENT 92.48 Total : 92.48
1622 5/9/2023 013073 CALPERS INSURANCE Ben152622 KAISER: PAYMENT 1,747.23 Total: 1,747.23
1624 5/25/2023 013091 PERS 457 Ben152626 DEF COMP - PERS 457: PAYMENT 2,895.55 Total: 2,895.55
1626 5/24/2023 012556 KEENAN & ASSOCIATES Ben152905 DELTA DENTAL: PAYMENT 4,470.78 Total: 4,470.78
1627 5/4/2023 005794 INTERNAL REVENUE SERVICE Ben152907 SOCIAL SECURITY: PAYMENT 44,895.93 Total : 44,895.93
1630 5/4/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben152913 STATE WITHHOLDING TAXES: 13,017.61 Page: 2
53 vchlist
06/07/2023 11 :04:23AM
Electronic Financial Transaction List
City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO#
1630 5/4/2023 001357 001357 EMPLOYMENT DEVELOPMENT (Continued) 1631 5/25/2023 013091 PERS 457 Ben152915
1632 5/12/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben152917 1633 5/12/2023 013507 NATIONWIDE RETIREMENT SOLUTION Ben152919 1634 5/24/2023 012556 KEENAN & ASSOCIATES Ben153129
1638 5/25/2023 013091 PERS 457 Ben153137
1639 5/31/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben153139 1640 5/24/2023 012556 KEENAN & ASSOCIATES Ben153219
1644 5/19/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben153227 1645 5/25/2023 013091 PERS 457 Ben153229
1646 5/30/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben153231 1647 5/30/2023 013507 NATIONWIDE RETIREMENT SOLUTION Ben153233 1005282 5/9/2023 013073 CALPERS INSURANCE 100000017143143 100000017146142
Page: 3
Description/Account Amount
Total: 13,017.61
DEF COMP- PERS 457: PAYMENT 6,776.04
Total: 6,776.04
DEF COMP- NATIONWIDE: 13,445.78
Total: 13,445.78
401A: PAYMENT 201.44
Total : 201.44
DELTA DENTAL: PAYMENT 92.48
Total : 92.48
DEF COMP- PERS 457: PAYMENT 2,895.55
Total: 2,895.55
DEF COMP- NATIONWIDE: 500.00
Total : 500.00
DELTA DENTAL: PAYMENT 4,580.86
Total : 4,580.86
STATE WITHHOLDING TAXES: 12,698.19
Total : 12,698.19
DEF COMP- PERS 457: PAYMENT 6,776.04
Total: 6,776.04
DEF COMP - NATIONWIDE: 13,800.78
Total: 13,800.78
401A: PAYMENT 201.44
Total : 201.44
REIMB-RETIREE MEDICAL PREMIUM 286.67
REIMB-RETIREE MEDICAL PREMIUM 20,299.87
Total : 20,586.54
Page: 3
54 vchlist
06/07/2023 11 :04:23AM
Electronic Financial Transaction List
City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO#
1005283 5/9/2023 000372 FIRE DEPARTMENT, LOS ANGELES C0011151 01-001724 1005284 5/5/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. 001357-050523 L1951946640
1005285 5/12/2023 000053 CALPERS 100000017161606
1005286 5/11/2023 007811 WELLS FARGO BANK 007811-041023 1005287 5/11/2023 001211 THE BANK OF NEW YORK MELLON 001211-042423 001211-042423-A
001211-042423-B
01211-042423-C
1005288 5/2/2023 013473 CONTROLLING INSURANCE COST IN, 165697856 1005289 5/24/2023 011076 KEENAN & ASSOCIATES 011076-053123 1005290 5/24/2023 011076 KEENAN & ASSOCIATES 011076-063023 1005291 5/24/2023 013121 AUL HEALTH BENEFIT TRUST C/O, 013121-063023 1005292 5/24/2023 000124 CITY OF LYNWOOD 35699-35760
35761-35812
1005293 5/24/2023 000124 CITY OF LYNWOOD 35813-35853
Page: 4
Description/Account Amount
FIRE PROTECTION SERVICES 662,175.19
Total : 662,175.19
PENALTY 21.07
LIABILITY INSURANCE 3,118.95
Total : 3,140.02
GASB-68 2,250.00
Total : 2,250.00
BOND PAYMENT 12-12 FAS 314,509.61
Total: 314,509.61
BOND-LYNWOOD UTIL AERB 20148 328,366.75
BOND-LUA UTIL 2017A 633,179.50
BOND-LUA ENT REV 2017B 363,853.14
BOND-LUA 2020 464,253.13
Total : 1,789,652.52
VISION PREMIUM 3/2023 1,899.06
Total : 1,899.06
DENTAL PREMIUM-RETIREE 5/2023 7,119.53
Total: 7,119.53
DENTAL PREMIUM-RETIREE 6/2023 7,165.77
Total : 7,165.77
REIMB-RETIREE MEDICAL PREMIUM 64,421.27
Total: 64,421.27
REPLENISH WORKERS' COMP 19,050.33
REPLENISH WORKERS' COMP 17,616.45
Total : 36,666.78
REPLENISH WORKERS' COMP 12,183.24
Total: 12,183.24
Page: 4
55 vchlist
06/07/2023 11 :04:23AM
Bank code: apbank
Voucher Date Vendor
1005294 5/22/2023 011941 ZIONS BANK DIVISION
37 Vouchers for bank code :
37 Vouchers in this report
apbank
Electronic Financial Transaction List
City of Lynwood
Invoice
011941-042423
011941-042423-A
PO#
-------
Description/Account
BOND PAYMENT-LPFA 2019A
BOND PAYMENT-LPFA 2019B
Total:

Bank total:

Total vouchers :

Page: 5
Amount
387,146.45
119,047 .32
506,193.77
3,857,846.30
3,857,846.30
Page: 5
56 vchlist
06/12/2023 11 :32:49AM
Electronic Financial Transaction List
City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO#
1635 5/18/2023 005794 INTERNAL REVENUE SERVICE Ben153131 1641 5/18/2023 005794 INTERNAL REVENUE SERVICE Ben153221 1005295 5/24/2023 013473 CONTROLLING INSURANCE COST IN, 0134 73-053123 1005296 5/11/2023 013091 PERS 457 BEN 152915
1005297 5/23/2023 005794 INTERNAL REVENUE SERVICE 005794-051323 1005298 5/24/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. 001357-051323 1005299 5/24/2023 005794 INTERNAL REVENUE SERVICE 005794-051323-A 1006000 5/19/2023 005794 INTERNAL REVENUE SERVICE 005794-051823 1006001 5/19/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. 001357-051823 1006002 5/25/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. 001357-051323-A 10 Vouchers for bank code : apbank
Page: 6
Description/Account Amount
SOCIAL SECURITY: PAYMENT 772.28
Total : 772.28
SOCIAL SECURITY: PAYMENT 44,285.20
Total : 44,285.20
VISION PREMIUM 5/2023 1,995.41
Total: 1,995.41
PAYROLL DEDUCTION-PERS 457 6,686.04
Total: 6,686.04
PAYROLL-SOCIAL SECURITY 451 .83
Total: 451.83
PAYROLL-STATE WITHHOLDING 147.94
Total: 147.94
MEDICARE TAX 132.54
Total: 132.54
PAYROLL-SOCIAL SECURITY 111.58
Total: 111.58
PAYROLL-STATE WITHHOLDING 12.63
Total: 12.63
PAYROLL-STATE WITHHOLDING 27.18
Total: 27.18
Bank total: 54,622.63
Page: 6
57 vchlist Prepaid-Check List Page: 7
06/07/2023 8:31:56AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207886 5/31/2023 007551 AFSCME DISTRICT COUNCIL 36 Ben152893 ASSOCIATION DUES: PAYMENT 1,727.94 Ben153207 ASSOCIATION DUES: PAYMENT 1,693.57
Total : 3,421.51
207887 5/31/2023 013747 AMERIFLEX Ben152899 HEAL TH FSA PRE-TAX: PAYMENT 727.09 Ben153213 HEALTH FSA PRE-TAX: PAYMENT 727.09
Total: 1,454.18
207888 5/31/2023 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben152897 MGMT. ASSOCIATION DUES: 200.00 Ben153211 MGMT. ASSOCIATION DUES: 200.00
Total: 400.00
207889 5/31/2023 013730 INSURANCE COMPANY, COLONIAL LIFE Ben152889 ACCIDENT PRETAX: PAYMENT 2,257.14 Ben153203 ACCIDENT PRETAX: PAYMENT 2,447.42
Total: 4,704.56
207890 5/31/2023 010048 LEGAL SHIELD Ben152901 LEGAL SHIELD: PAYMENT 49.84 Ben153215 LEGAL SHIELD: PAYMENT 49.84
Total: 99.68
207891 6/6/2023 001330 CANON FINANCIAL SERVICES, INC. 30310613 12-000407 COPIER LEASE 321 .75 30310614 12-000407 COPIER LEASE 770.16
30478647 12-000407 COPIER LEASE 321.75
30478648 12-000407 COPIER LEASE 770.16
Total: 2,183.82
207892 6/6/2023 013879 CITY OF GLENDALE 23-1178 REGISTRATION 150.00 Total: 150.00
207893 6/6/2023 000138 DAILY JOURNAL CORPORATION 83695590 10-000218 PUBLICATION SERVIES 632.71 Total: 632.71
207894 6/6/2023 013889 FS CONTRACTORS INC 22044849 REFUND-METER RENTAL 1,004.47 Total : 1,004.47
207895 6/6/2023 000993 GRM INFORMATION MANAGEMENT 0477437 12-000409 OFFSITE TAPE STORAGE 94.68 0479474 12-000409 OFFSITE TAPE STORAGE 94.08
Page: 7
58 vchlist
06/07/2023 8:31:56AM
Prepaid-Check List
City of Lynwood
Bank code: apbank
Voucher
207895
207896
207897
207898
207899
207900
207901
207902
207903
207904
Date Vendor Invoice
6/6/2023 000993 000993 GRM INFORMATION MANAGEMENT (Continued) 6/6/2023 009298 PRINTING MUL TISERVICES, GALAVIZ'S 233
6/6/2023 000449 PYRO SPECTACULARS
6/6/2023 000163 SOUTHERN CALIFORNIA EDISON
6/6/2023 013288 SPECTRUM
6/6/2023 013288 SPECTRUM
6/6/2023 013288 SPECTRUM
6/6/2023 013288 SPECTRUM
6/6/2023 001302 U.S. BANK
6/6/2023 013874 PEREZ, GABRIEL
19 Vouchers for bank code :
19 Vouchers in this report
apbank
264
000449-070323-B
000163-06012023
0244895050123
0244895060123
0543478041623
0543478051623
0603173051523
0031912041623
0031912051623
001302-051523
477128662
555124528
PO#
08-005152
12-000411
12-000411
12-000411
12-000411
12-000411
12-000411
12-000411
Description/Account
Total :

PRINTING SERVICES

PRINTING SERVICES
Total :

COMMUNITY ACTIVITY EXPENSE
Total :

LIGHT & POWER SERVICES
Total:

INTERNET AND CABLE

INTERNET AND CABLE
Total :

INTERNET AND CABLE

INTERNET AND CABLE
Total :

INTERNET AND CABLE
Total:

INTERNET AND CABLE

INTERNET AND CABLE
Total :

BANCARD CHARGES
Total:

REFUND-PARKING CITATION

REFUND-PARKING CITATION
Total:

Bank total:

Total vouchers:

Page: 8
Amount
188.76

62.68 93.44
156.12
14,250.00
14,250 .00
18,103.38
18,103.38
219.98
219.98
439.96
219.98
219.98
439.96
167.07
167.07
150.02
150.02
300.04
9,390.89
9,390.89
124.00
124.00
248.00
57,735.11
57,735.11
Page: 8
59 vchlist
06/13/2023
Bank code:

Voucher
207905
207906
207907
207908
207909
207910
207911
207912
207913
1:36:20PM
apbank
Date Vendor
6/12/2023 013084 LE, JESSICA
6/12/2023 002699 CONTROL BOARD, STATE WATER
Prepaid-Check List
City of Lynwood
Invoice
Ben153553
SW-0263053
6/12/2023 001987 DISTRICT OF SOUTHERN CALIF., WATER 22-12-T22-019 6/12/2023 011188 INSURANCE COMPANY, THE LINCOLN 4554182509 6/12/2023 000486 LIBERTY UTILITIES 200006750273-051023
200006750281-060223
200006750299-060223
6/12/2023 009298 PRINTING MULTISERVICES , GALAVIZ'S 242 6/12/2023 001224 STANDARD INSURANCE COMPANY 00124-063023 6/12/2023 001224 STANDARD INSURANCE COMPANY Ben152891
Ben153125
Ben153205
6/12/2023 010024 SYSTEMS SOURCE INC 405341-50
9 Vouchers for bank code : apbank
9 Vouchers in this report
Page: 9
PO# Description/Account Amount
JESSICA HERRERA: PAYMENT 293.00
Total : 293.00
06-009513 PERMIT REGISTRATION 600.00
Total : 600.00
06-009618 PROF & CONTRACTUAL SERVICE 8,105.00
Total : 8,105.00
LTD PREMIUM 6 2023 4,721.58
Total: 4,721.58
06-009582 WATER USE FOR IRRIGATION 111.23
06-009582 WATER USE FOR IRRIGATION 47.80
06-009582 WATER USE FOR IRRIGATION 47.80
Total: 206.83
01-001785 COMMUNITY ACTIVITY EXPENSE 6,656.34
Total : 6,656.34
RETIREE LIFE INSURANCE 757.00
Total : 757.00
LIFE INSURANCE : PAYMENT 641 .35
LIFE INSURANCE: PAYMENT 200.43
LIFE INSURANCE: PAYMENT 579.22
Total: 1,421.00
08-005117 FURNITURE FOR COMPUTER ROOM 5,164.41
Total: 5,164.41
Bank total: 27,925.16
Total vouchers : 27,925.16
Page: 9
60 vchlist Check List Page: 10
06/13/2023 3:46:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount --
207914 6/20/2023 013892 AGUAYO, RAFAEL 411127448 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207915 6/20/2023 013893 ALFARO , ESTELA 688123567 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207916 6/20/2023 001994 ALIN'S PARTY SUPPLY CO. 508392 08-005041 COMMUNITY ACTIVITY EXPENSE 147.93 Total: 147.93
207917 6/20/2023 007439 ALL CITY MANAGEMENT SVCS, INC. 86015 11-002148 PROF & CONTRACTUAL SERVICE 17,064.60 Total: 17,064.60
207918 6/20/2023 013738 AMAZON CAPITAL SERVICES INC 13JF-KJXM-6P1V 12-000435 COMPUTER SUPPLIES 77.15 17YN-TK97 -31 P4 12-000435 COMPUTER SUPPLIES 55.11
191 H-MW3X-6JTY 12-000435 COMPUTER SUPPLIES 197.35
19VQ-RL VM-3K3F 12-000435 COMPUTER SUPPLIES 32.73
1 CVX-H7DP-G3K3 06-009893 COMPUTER SUPPLIES 445.99
1 DJ3-JRKG-13FY 12-000435 COMPUTER SUPPLIES 41 .88
1 QGQ-YVCV-6J4V COMPUTER SUPPLIES 110.10
1 QKT-FVHQ-394Y 12-000435 COMPUTER SUPPLIES 121.26
Total : 1,081.57
207919 6/20/2023 013738 AMAZON CAPITAL SERVICES INC 16NJ-PM6Q-DXC9 12-000435 COMPUTER SUPPLIES 127.45 Total : 127.45
207920 6/20/2023 002452 AMERICAN LANGUAGE SVCS. 75020 01-001732 PROF & CONTRACTUAL SERVICE 79.52 Total: 79.52
207921 6/20/2023 011094 AM-TEC TOTAL SECURITY, INC. 629207 06-009615 ALARM SYSTEMS 65.85 Total : 65.85
207922 6/20/2023 013202 ANDREA J LOPEZ 013202-052423 OVERSIGHT COMMITTE STIPEND 50.00 Total : 50.00
207923 6/20/2023 013736 BESST INC. CoL042423 06-009831 PROF & CONTRACTUAL SERVICE 20,429.00 CoLy031623 06-009831 PROF & CONTRACTUAL SERVICE 12,727.50 Page: 10
61 vchlist Check List Page: 11
06/13/2023 3:46:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207923 6/20/2023 013 736 013736 BESST INC. (Continued) Total: 33,156.50 207924 6/20/2023 004986 BIOMETRICS4ALL , INC COLYN0108 05-001938 LIVE SCAN RELAY FEE 21 .00 Total: 21.00
207925 6/20/2023 000884 BLUE DIAMOND MATERIALS 3155510 06-009648 OPERATING SUPPLIES 2,141.56 Total : 2,141.56
207926 6/20/2023 004773 BSN SPORTS 920375570 08-005097 PROF & CONTRACTUAL SERVICE 348.47 Total : 348.47
207927 6/20/2023 013895 CALDRON, MERCEDES 455131910 REFUND-PARKING CITATION TICKET 124.00 Total: 124.00
207928 6/20/2023 013700 CAMPOS, FATIMA 013700-053123 08-005065 PROF & CONTRACTUAL SERVICE 936 .00 Total : 936.00
207929 6/20/2023 013834 CANDYS UPHOSTERY AND FURNITURE 2682 08-005120 REPAIR OF LOBBY FURNITURE 2,563 .00 Total: 2,563.00
207930 6/20/2023 009302 CHESSER , CHRISTINE 18405933 PROF & CONTRACTUAL SERVICE 250 .00 18770837 PROF & CONTRACTUAL SERVICE 300.00
Total : 550.00
207931 6/20/2023 008107 CHICAGO TITLE COMPANY 0912301423-2 11-002136 PUBLICATION SERVICES 4.00 0912301454-1 11-002136 PUBLICATION SERVICES FOR 65.00
Total: 69.00
207932 6/20/2023 001168 CINTAS CORPORATION NO. 2 5149931595 08-005036 FIRST AID SUPPLIES 194.94 Total: 194.94
207933 6/20/2023 000702 CINTAS DOCUMENT MANAGEMENT 8406275851 05-001951 PROF & CONTRACTUAL SERVICE 870.98 Total: 870.98
207934 6/20/2023 001571 CLINICAL LAB OF SAN BERNARDINO 2300802-L YN01 06-009602 PROF & CONTRACTUAL SERVICE . 1,925.00 Total: 1,925.00
207935 6/20/2023 013501 CODESP 0006073 05-001958 PROF & CONTRACTUAL SERVICE 3,300 .00 Page : 11
62 vchlist Check List Page: 12
06/13/2023 3:46:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207935 6/20/2023 013501 013501 CODESP (Continued) Total: 3,300.00 207936 6/20/2023 012021 CONCENTRA MEDICAL CENTERS 79251000 05-001953 PROF & CONTRACTUAL SERVICE 253.40 79330289 05-001953 PROF & CONTRACTUAL SERVICE 334.40
Total : 587.80
207937 6/20/2023 010754 COOL IMAGE WATER, DBN AMERICAN 000249 08-004995 PROF & CONTRACTUAL SERVICE 43.20 000524 08-004995 PROF & CONTRACTUAL SERVICE 43.20
000860 02-002630 PROF & CONTRACTUAL SERVICE 11 .98
000894 02-002630 PROF & CONTRACTUAL SERVICE 5.99
000987 02-002630 PROF & CONTRACTUAL SERVICE 11 .98
1013 02-002630 PROF & CONTRACTUAL SERVICE 11.98
1214 08-004995 PROF & CONTRACTUAL SERVICE 20.78
1507 08-004995 PROF & CONTRACTUAL SERVICE 93.87
1585 02-002630 PROF & CONTRACTUAL SERVICE 24.46
1614 02-002630 PROF & CONTRACTUAL SERVICE 13.50
1641 02-002630 PROF & CONTRACTUAL SERVICE 12.50
1765 08-004995 PROF & CONTRACTUAL SERVICE 21 .75
1769 08-004995 PROF & CONTRACTUAL SERVICE 36.25
1894 01-001748 PROF & CONTRACTUAL SERVICE 103.92
1895 02-002629 PROF & CONTRACTUAL SERVICE 29.00
1896 08-004995 PROF & CONTRACTUAL SERVICE 29.00
1898 08-004995 PROF & CONTRACTUAL SERVICE 14.50
1899 06-009645 PROF & CONTRACTUAL SERVICE 123.25
1900 05-001934 PROF & CONTRACTUAL SERVICE 216 .71
Total: 867.82
207938 6/20/2023 001306 CORELOGIC SOLUTIONS, LLC. 30659701 12-000408 PROF & CONTRACTUAL SERVICE 273.18 30667996 12-000408 PROF & CONTRACTUAL SERVICE 273 .18
Total: 546.36
207939 6/20/2023 011977 DELGADILLO, LILIANA A. 011977-051823 PERSONNEL BOARD COMM STIPEND 50.00 Total: 50.00
207940 6/20/2023 013431 DEONDRA TISDALE 013431 -051823 PERSONNEL BOARD COMM STIPEND 50.00 Total: 50.00
207941 6/20/2023 013905 DIAZ, RICARDO 1494-0003 RENTAL-REFUNDABLE DEPOSIT 100.00 Page: 12
63 vchlist Check List Page: 13
06/13/2023 3:46:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207941 6/20/2023 013905 013905 DIAZ, RICARDO (Continued) Total : 100.00 207942 6/20/2023 013849 DIGITAL BUYER, LLC 0913049 08-005133 OFFICE SUPPLIES 688.92 Total: 688.92
207943 6/20/2023 013891 DOMINGO, JONATHAN B. 5632 REFUND-PARKING CITATION TICKET 625.00 5797 REFUND-PARKING CITATION TICKET 1,300.00
Total: 1,925.00
207944 6/20/2023 013526 DOWNEY PARTY RENTALS 1-002232 08-005141 COMMUNITY ACTIVITY EXPENSE 623.15 Total: 623.15
207945 6/20/2023 013550 EAGLE PORTABLES SANITATION LLC 7307 08-005142 COMMUNITY ACTIVITY EXPENSE 1,705.69 Total: 1,705.69
207946 6/20/2023 011246 EFAXCORPORATE 4423912 12-000421 PROF & CONTRACTUAL SERVICE 154.62 4457033 12-000421 PROF & CONTRACTUAL SERVICE 150.14
Total: 304.76
207947 6/20/2023 013898 ESPINOZA-CHAVEZ , JACQUELINE 013898-052423 OVERSIGHT COMMITTE STIPEND 50.00 Total: 50.00
207948 6/20/2023 013881 FAGEN FRIEDMAN & FULFROST LLP 210975 05-001959 PROF & CONTRACTUAL SERVICE 3,510.50 Total : 3,510.50
207949 6/20/2023 001087 FANTASY FLOWERS AND GIFTS 9699 08-005143 COMMUNITY ACTIVITY EXPENSE 286.65 Total : 286.65
207950 6/20/2023 003334 FED EX 8-115-37376 01-001744 COURIER SERVICES 6.82 8-115-37376-A 06-009576 COURIER SERVICES 12.21
8-151-04445 01-001744 COURIER SERVICES 6.82
Total: 25.85
207951 6/20/2023 013906 FLORES, JUAN 208558472 RENTAL-REFUNDABLE DEPOSIT 100.00 Total : 100.00
207952 6/20/2023 003983 GALLS QUARTERMASTER BC1861517 11-002236 UNIFORMS & ACCESSORIES 358.74 BC1861517-A 11-002139 UNIFORMS & ACCESSORIES 6.51
Page: 13
64 vchlist Check List Page: 14
06/13/2023 3:46:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207952 6/20/2023 003983 GALLS QUARTERMASTER (Continued) BC1883994 11-002236 UNIFORMS & ACCESSORIES 271.04
Total : 636.29
207953 6/20/2023 009038 GARY, HARDIE 009038-051823 PERSONNEL BOARD COMM STIPEND 50.00 Total: 50.00
207954 6/20/2023 013702 GOOD GUARD SECURITY INC 1305 08-005080 PROF & CONTRACTUAL SERVICE 151.10 1306 08-005080 PROF & CONTRACTUAL SERVICE 166.21
1526 08-005080 PROF & CONTRACTUAL SERVICE 236.89
1526-A 08-005134 PROF & CONTRACTUAL SERVICE 647.05
Total : 1,201.25
207955 6/20/2023 001510 GRAINGER, INC. 9718249916 06-009578 OPERATING SUPPLIES 98.77 Total : 98.77
207956 6/20/2023 000993 GRM INFORMATION MANAGEMENT 0479580 -0479595 01-001749 PROF & CONTRACTUAL SERVICE 961 .80 0481474 02-002623 PROF & CONTRACTUAL SERVICE 176.00
0481567 12-000409 PROF & CONTRACTUAL SERVICE 93.67
Total : 1,231.47
207957 6/20/2023 012031 HARMONY PROJECT 052523 11-002141 PROF & CONTRACTUAL SERVICE 1,824.00 Total: 1,824.00
207958 6/20/2023 013321 HERNANDEZ , ERNIE 013231-043023 ELECTRONIC/MEDIA-PROF-DEVELOPMENT- 800.00 013321-053123 ELECTRONIC/MEDIA-PROF-DEVELOPMENT 800.00
Total: 1,600.00
207959 6/20/2023 003338 HILLYARD-LOS ANGELES 605132972 06-009651 OPERATING SUPPLIES 264.51 605132973 06-009651 OPERATING SUPPLIES 168.04
605132974 06-009651 OPERATING SUPPLIES 386.10
605132975 06-009651 OPERATING SUPPLIES 481 .98
Total: 1,300.63
207960 6/20/2023 000635 IDR ENVIRONMENTAL SERVICES 80740 06-009638 PROF & CONTRACTUAL SERVICE 1,018.00 Total: 1,018.00
207961 6/20/2023 000353 INFOSEND , INC. 235846 06-009870 PROF & CONTRACTUAL SERVICE 965.56 Page: 14
65 vchlist Check List Page: 15
06/13/2023 3:46:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207961 6/20/2023 000353 000353 INFOSEND, INC. (Continued) Total : 965.56 207962 6/20/2023 005848 INFRASTRUCTURE ENGINEERS 28457 11-002238 PROF & CONTRACTUAL SERVICE 2,540.00 28501 11-002159 PROF & CONTRACTUAL SERVICE 18,334.06
28501-A 11-002237 PROF & CONTRACTUAL SERVICE 7,890.70
Total: 28,764.76
207963 6/20/2023 013536 JOHN ROBINSON CONSUL TING,INC L Y202301-03 06-009747 PROF & CONTRACTUAL SERVICE 5,770.00 Total : 5,770.00
207964 6/20/2023 013434 KILEY & ASSOCIATES,LLC 21 01-001745 LOBBYING SERVICES 5,000.00 Total: 5,000.00
207965 6/20/2023 000001 KING FENCE, INC 47888 08-004997 FENCE RENTAL 42.50 Total: 42.50
207966 6/20/2023 013890 LACKEY, KAMYESHIA N. 655127788 REFUND-PARKING CITATION TICKET 69.00 Total: 69.00
207967 6/20/2023 013907 LEMUS, VERONICA 18770837 RENTAL-REFUNDABLE DEPOSIT 171.00 Total: 171.00
207968 6/20/2023 013902 LYNWOOD TEACHER ASSOCIATION 18405933 RENTAL-REFUNDABLE DEPOSIT 400.00 Total: 400.00
207969 6/20/2023 002861 MAGIC JUMP RENTALS,INC. 366751 08-005144 COMUNTIY ACTIVITY EXPENSE 4,898:60 Total: 4,898.60
207970 6/20/2023 013903 MCCLAIN, HENRY 8199 REFUND-BUILDING PERMIT 260.00 Total: 260.00
207971 6/20/2023 013620 MEDINA, MARISOL 013620-052523 08-005151 PROF & CONTRACTUAL SERVICE 1,648.00 Total: 1,648.00
207972 6/20/2023 013897 MERINO, ROSANGELICA 388127342 REFUND-PARKING CITATION TICKET 63.00 Total: 63.00
207973 6/20/2023 013504 MINER, LTD 5310593242 06-009830 PROF & CONTRACTUAL SERVICE 1,535.99 Page: 15
66 vchlist Check List Page: 16
06/13/2023 3:46:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207973 6/20/2023 013504 013504 MINER, LTD (Continued) Total : 1,535.99 207974 6/20/2023 008782 MSJ ACCESS INC 91070583 06-009677 LOCKSMITH SERVICES 833.91 Total: 833.91
207975 6/20/2023 008574 NABB CONSTRUCTION, INC. 10901 nci2 11-002234 PROF & CONTRACTUAL SERVICE 3,500 .00 Total: 3,500.00
207976 6/20/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS . 33193 06-009605 PROF & CONTRACTUAL SERVICE 50,230 .53 33193-A 11-002160 PROF & CONTRACTUAL SERVICE 5,581 .17
33226-A 06-009619 PROF & CONTRACTUAL SERVICE 20,035.10
33250-A 11-002160 PROF & CONTRACTUAL SERVICE 4,885 .63
Total: 80,732.43
207977 6/20/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS . 33226 06-009606 PROF & CONTRACTUAL SERVICE 3,307 .57 33250 06-009653 PROF & CONTRACTUAL SERVICE 49,399.15
Total: 52,706.72
207978 6/20/2023 013493 NETTIE'S PARTY PALS,INC 70332023-A 08-005145 COMMUNITY ACTIVITY EXPENSE 1,075.00 Total : 1,075.00
207979 6/20/2023 000078 ODP BUSINESS SOLUTIONS,LLC 310964078001 01-001737 OPERATING SUPPLIES 207.23 310968171001 01-001738 OPERATING SUPPLIES 225.57
312875432001 08-005126 OPERATING SUPPLIES 873.07
312887488001 08-005126 OPERATING SUPPLIES 31 .30
312887499001 08-005126 OPERATING SUPPLIES 88.19
315435640001 08-005126 OPERATING SUPPLIES 58.42
315435805001 08-005126 OPERATING SUPPLIES 84.88
315435806001 08-005126 OPERATING SUPPLIES 234.62
315435812001 08-005126 OPERATING SUPPLIES
Total: 1,915.60
207980 6/20/2023 013904 PERAL TA, LETICIA 8223 REFUND-DUPLICATE PAYMENT 260.00 Total: 260.00
207981 6/20/2023 008307 PHOENIX GROUP INFORMATION SYS 0420231204 11-002154 PROF & CONTRACTUAL SERVICE 1,029.07 042023902 11-002154 PROF & CONTRACTUAL SERVICE 783.01
Page: 16
67 vchlist
06/13/2023
Bank code :

Voucher
207981
207982
207983
207984
207985
207986
207987
207988
207989
207990
207991
3:46:26PM
apbank
Date Vendor
Check List
City of Lynwood
Invoice
6/20/2023 008307 008307 PHOENIX GROUP INFORMATION (Continued) 6/20/2023 013851 PODIUMS DIRECT CORPORATION
6/20/2023 000449 PYRO SPECTACULARS
6/20/2023 012135 RAMBOLL US CONSUL TING INC
6/20/2023 011314 RIVERA, BRENDA
6/20/2023 008983 ROBERT HALF INTERNATIONAL, INC
6/20/2023 013887 ROCKY MOUNTAIN SUNSCREEN
6/20/2023 010757 SALAZAR RIVERO, YUNUEE
6/20/2023 007205 SANCHEZ AWARDS
6/20/2023 013894 SANCHEZ, MARIA
6/20/2023 004056 SANCHEZ-SALAZAR , DANIEL
104727
000449-070323
1690109075
1690109075-A
011314-052423
62055021
62087421
1181
18770837
2214
2224
2230
2259
104092
655123503
004056-0524423
PO#
08-005136
08-005152
11-002211
11-002239
12-000447
12-000447
08-005153
08-005146
08-005081
08-005081
Description/Account
Total :

PROF & CONTRACTUAL SERVICE
Total :

FIREWORK SHOW 2023
Total:

PROF & CONTRACTUAL SERVICE

PROF & CONTRACTUAL SERVICE
Total :

OVERSIGHT COMMITTE STIPEND
Total :

PROF & CONTRACTUAL SERVICE

PROF & CONTRACTUAL SERVICE
Total:

SUNCREEN FOR CAMPING
Total:

BARTENDAR SERVICE
Total:

PROF & CONTRACTUAL SERVICE

PROF & CONTRACTUAL SERVICE
Total :

REFUND-PARKING CITATION TICKET

REFUND-PARKING CITATION TICKET
Total:

OVERSIGHT COMMITTE STIPEND
Total :

Page: 17
Amount
1,812.08
5,076.46
5,076.46
14,250.00
14,250.00
202,453.00
27,509.97
229,962.97

50.00 50.00
1,664.00
1,664.00
3,328.00
1,073.89
1,073.89
300.00
300.00
2,976.75
1,184.74
242.55
996.74
5,400.78
124.00
124.00
248.00

50.00 50.00
Page : 17
68 vchlist Check List Page: 18
06/13/2023 3:46:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207992 6/20/2023 013558 SANDOVAL, SALVADOR 1-A 08-005147 COMMUNITY ACTIVITY EXPENSE 1,900.00 Total : 1,900.00
207993 6/20/2023 013223 SMARTCOVER SYSTEMS 26029 06-009901 PROF & CONTRACTUAL SERVICE 6,286.00 Total : 6,286.00
207994 6/20/2023 008956 SPCALA 052023 11-002155 PROF & CONTRACTUAL SERVICE 21,000.00 Total : 21,000.00
207995 6/20/2023 009040 STOTZ EQUIPMENT W32443 06-009903 REPAIRS AND MAINTENANCE 726.00 Total: 726.00
207996 6/20/2023 008895 SWA GROUP 195170 06-009110 PROF & CONTRACTUAL SERVICE 5,100.00 Total: 5,100.00
207997 6/20/2023 002938 TAJ OFFICE SUPPLY 03274 11-002223 OFFICE SUPPLIES 330.69 03408 11-002223 OFFICE SUPPLIES 30.65
03511 11-002223 OFFICE SUPPLIES 523.51
03614 06-009588 OFFICE SUPPLIES 80.24
Total : 965.09
207998 6/20/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 746364850 06-009630 OPERATING SUPPLIES 2,976 .75 748229416 08-005129 OPERATING SUPPLIES 274.52
748231115 08-005129 OPERATING SUPPLIES 18.71
Total : 3,269.98
207999 6/20/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 747081966 06-009629 MATERIALS & SUPPLIES 374.81 747124477 06-009629 MATERIALS & SUPPLIES 2,435 .15
747735470 06-009629 MATERIALS & SUPPLIES 120.80
747766988 06-009629 MATERIALS & SUPPLIES 704.63
747951473 06-009629 MATERIALS & SUPPLIES 28.58
Total : 3,663.97
208000 6/20/2023 013487 TRUSAIC CINV-029651 05-001933 PROF & CONTRACTUAL SERVICE 515.00 Total : 515.00
208001 6/20/2023 008828 TURF SPECIAL TIES , INC, PROFESSIONAL 6908 08-005138 PROF & CONTRACTUAL SERVICE 9,250.00 Page: 18
69 vchlist Check List Page: 19
06/13/2023 3:46:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208001 6/20/2023 008828 008828 TURF SPECIAL TIES, INC, (Continued) Total : 9,250.00 208002 6/20/2023 007742 ULINE, INC. 163746669 08-005072 JANITORIAL SUPPLIES 836.06 164004879 08-005149 JANITORIAL SUPPLIES 2,465 .56
164026779 06-009592 JANITORIAL SUPPLIES 180.78
Total : 3,482.40
208003 6/20/2023 000166 UNDERGROUND SERVICE ALERT/SC 22-2304216 06-009593 PROF & CONTRACTUAL SERVICE 110.90 520230432 06-009593 PROF & CONTRACTUAL SERVICE 211 .25
Total : 322.15
208004 6/20/2023 000461 UNITED RENTALS, INC. 212724085-003 08-005154 COMMUNITY ACTIVITY EXPENSE 249.82 Total : 249.82
208005 6/20/2023 013896 VARGAS, HENRY ALEXANDER 411127918 REFUND-PARKING CITATION TICKET 52.00 Total: 52.00
208006 6/20/2023 013158 VCA ENGINEERS, INC 16574 06-008957 PROF & CONTRACTUAL SERVICE 535.00 18605 06-008957 PROF & CONTRACTUAL SERVICE 3,240.00
18705 06-008957 PROF & CONTRACTUAL SERVICE 660.00
19383 06-008957 PROF & CONTRACTUAL SERVICE 585.00
Total: 5,020.00
208007 6/20/2023 008657 WASTE RESOURCES, INC. 008657-052223 PROPERTY TAX COST RECOVERY 1,757.30 008657-060723 PROPERTY TAX COST RECOVERY 2,814.00
Total : 4,571.30
208008 6/20/2023 002912 WATERLINE TECHNOLOGIES,INC 5633671 06-009853 OPERATING SUPPLIES 752.46 5634538 06-009853 OPERATING SUPPLIES 782.55
5634539 06-009853 OPERATING SUPPLIES 617.01
Total: 2,152.02
208009 6/20/2023 000057 WILLDAN ENGINEERING 00418473 06-009418 PROF & CONTRACTUAL SERVICE 34,373.00 Total : 34,373.00
208010 6/20/2023 007609 WILLDAN FINANCIAL SERVICES 010-54649 PROF & CONTRACTUAL SERVICE 1,250.00 010-54650 PROF & CONTRACTUAL SERVICE 1,250 .00
Page: 19
70 vchlist
06/13/2023
Bank code :

Voucher
208010
3:46:26PM
apbank
Date Vendor
6/20/2023 007609
Check List
City of Lynwood
Invoice
007609 WILLDAN FINANCIAL SERVICES (Continued)
97 Vouchers for bank code : apbank
PO# Description/Account
-------
Total:

Bank total:

Page: 20
Amount
2,500.00
643,011.26
Page : 20
71 AGENDA STAFF REPORT

DATE:

June 20, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Harry Wong, Director of Finance & Administration
Delania G. Whitaker, Senior Management Analyst
SUBJECT:

ANNUAL RETIREMENT FUND TAX LEVY CERTIFICATION
Agenda Item # 9.2.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF TAXES FOR THE CITY’S CONTRIBUTION TO THE RETIREMENT FUND”.

Background:

On April 16, 1946, the City of Lynwood’s residents approved and adopted a property levy tax (Retirement Tax). The City’s retirement tax was approved by voters to support City employees’ and former public safety employees’ retirement costs and contributions to the City’s State- administered retirement system (CalPERS). On October 13, 1998, the City Council adopted Resolution No. 98-177, approving a settlement in the matter of Howard Jarvis Taxpayers Association v. City of Lynwood. One of the conditions of the settlement was to fix the rate of the tax related to the Retirement Fund at $0.125 per $100 of assessed valuation.

Discussion and Analysis:

Annually, the City has to submit a statement certified by the City Clerk to the County of Los City Council City Council Regular Meeting 72
Reso_Retirement Fund Tax Levy_230620.docx
Reso No. 98-177.pdf
Angeles for the inclusion of the City’s tax rate on the tax bills. The City Clerk should certify that the City Council approved the tax rate and forward a copy of a resolution or ordinance approving the tax rate. In addition, the City shall submit to the County, the required form (CR52 Report A input form) certifying the retirement tax rate at .125000 ($0.125 for each $100 of assessed value) along with the Resolution and the statement from the City Clerk certifying the resolution.

Fiscal Impact:

The action recommended in this report will not have a fiscal impact on the City.

Coordinated With:

City Manager's Office
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 73
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING

ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF TAXES FOR THE CITY’S CONTRIBUTION TO THE RETIREMENT FUND
WHEREAS, on April 16, 1946, the electors of the City of Lynwood adopted Ordinance No. 426, that approved the State Employees’ Retirement system as the retirement system for officials and employees of the City of Lynwood and authorized the City Council to levy taxes to maintain the City’s share of contributions to the retirement system; and
WHEREAS, on November 4, 1974, the electors of the City of Lynwood adopted Ordinance No. 975, that amended Ordinance No. 426, as well as the contract between the City and the Public Employees Retirement system, to include improved retirement benefits for local safety members in the City of Lynwood and further authorized the City Council to levy such taxes as may be determined to maintain the City’s share of those improved benefits; and
WHEREAS, on August 6, 1997, the City Council adopted Resolution No. 97-124, adjusting the rate of the tax levy to pay for the costs and expenses relating to the maintenance and operations of the Retirement Fund; and
WHEREAS, on October 13, 1998, the City Council adopted Resolution No. 98- 177, adjusting the rate of and levying taxes for the City’s contribution to the retirement fund and approving a settlement in the matter of Howard Jarvis Taxpayers Association v.

City of Lynwood; and
WHEREAS, one of the conditions of the settlement in the matter of Howard Jarvis Taxpayers Association v. City of Lynwood was to fix the rate of the tax related to the Retirement Fund at $0.125 per $100 of assessed valuation; and WHEREAS, the County of Los Angeles requires the City to approve the tax rate annually.

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

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

Section 2. The specific rate of the tax to be collected to pay for the costs and expenses related to the Retirement Fund for fiscal year 2023-24 is hereby determined and established as $0.125 for each $100 of assessed valuation. 74 Section 3. The tax shall be collected in the same manner as ordinary ad valorem property taxes are collected.

Section 4. The Auditor-Controller of Los Angeles County is requested to enter on the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected, the installment of the tax that is then due and the rate of that tax.

Section 5. The City Clerk is directed to certify to the passage and adoption of this resolution and to transmit a certified copy of this resolution to the Auditor-Controller of Los Angeles County.

Section 6. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 7. This Resolution shall take full force and effect immediately upon adoption by the City Council.

PASSED, APPROVED AND ADOPTED THIS 20th day of June, 2023.

______________________________
Oscar Flores
Mayor
ATTEST:
___________________________ ______________________________ Maria Quinonez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ______________________________ Noel Tapia Harry Wong
City Attorney Director of Finance & Administration
75 STATE OF CALIFORNIA )
) §

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LYNWOOD ADJUSTING THE RATE OF

AND LEVYING TAXES FOR THE CITY'S
CONTRIBUTION TO THE RETIREMENT FUND.

WHEREAS, on April 16, 1946, the electors of the City of Lynwood adopted Ordinance No. 426, that approved the State Employees' Retirement system as the retirement system for officials and employees of the City of Lynwood and authorized the City Council to levy taxes to maintain the City's share of contributions to that retirement system; anii
WHEREAS, On November 4, 1974, the electors of the City of Lynwood adopted Ordinance No. 975, that amended Ordinance No. 426, as well as the contract between the Cfty and the Public Employees Retirement system, to include improved retirement benefits for local safety members in the City of Lynwood and further authorized the City Council to levysuch taxes as may be determined to maintain the City's share of those improvedbenefits; and
WHEREAS, on August 6, 1997, the City Council adopted Resolution No. 97- 124, adjusting the rate of the tax levy to pay for the costs and expenses related to the maintenance and operations of the Retirement Fund during prior years; and WHEREAS, on October 13 , 1998, the City Council adopted Resolution No. 96-177 , approving a settlement in the matter of Howard Jarvis Taxpayers Association v. City of Lynwood; and
WHEREAS, one of the conditions of the settlement is to fix the rate of tax to be collected for the costs and expenses related to the Retirement Fund at $ 0. 125 per r . $
100 of assessed valuation.

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

Section 1. The specfic rate of the tax to be collected to pay for the costs and expenses related to the Retirement Fund for fiscal year 1998- 1999 is hereby determined and established as $ 0. 125 for each $ 100 of assessed valuation.

Section 2. The tax shall be collected in the same manner as ordinary ad valorem property taxes are collected.

Section 3. The Auditor- Conroller of Los Angeles County is requested to enter on the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected, the installment of the tax that is then due and the rate of that tax.

July 1, 1998.
eetion 4. The effective date of the new tax rate, as established herein, is ection 5. The City Clerk is directed to certify to the passage and adoption of this resolution and to transmit a cert~ed copy of this resolution to the Auditor- Controller of Los Angeles County.

PASSED, APPROVED AND ADOPTED this 13th day of October 1998. 1 ~.

Armando Rea, Mayor
City of Lynwood
77 ATTEST:

ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:

CCL ~_c
City Attorney
City of Lynwood

STATE OF CALIFORNIA )
Ss.

COUNTY OF LOS ANGELES )
APPROVED AS TO CONTENT:
1 RAL H . D III
Interim City Manager
Alf tt F. Earnest
Director of Finance
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 13th day of October , 1998.

AYES' COUNCILMAN BYRD, SANCHEZ, REA
NOES: COUNCILMAN RICHARDS, REA
ABSENT: NONE
City Clerk, City of Lynwood

STATE OF CALIFORNIA )
Ss.

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 98- 177 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this lath day of October , 1998.
4 City Clerk, City of Lynwood
78 AGENDA STAFF REPORT

DATE:

June 20, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Harry Wong, Director of Finance and Administration
Miguel Cervantes, Billing and Collections Supervisor
SUBJECT:

INTENTION TO LEVY AND COLLECT DELINQUENT CHARGES IN

CONNECTION WITH WATER, SANITATION, STORM DRAIN OR SEWER

SYSTEM ON THE

PROPERTY TAX ROLL FOR FISCAL YEAR
2023-2024

AGAINST PARCELS
Agenda Item # 9.3.

Recommendation:

Staff recommends t
hat the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LYNWOOD OF ITS INTENTION TO LEVY AND COLLECT

DELINQUENT CHARGES AGAINST PARCELS

CONNECTION WITH ITS WATER, SANITATION,

STORM DRAINAGE, OR SEWER

SYSTEM ON THE

TAX ROLL FOR FISCAL YEAR
2023-24
AND

FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2023
.”

Background:

Section 54354 of the California Government Code authorizes cities that undertake the collection, treatment, or
disposal of sewage or supply water, or collect, treat or dispose of storm water, to declare that delinquent charges and all penalties thereon shall constitute a lien upon real the property. Lynwood Municipal Code Sections 141.27(d) and 14-1.30 currently a llow delinquent charges to be considered
liens against the property. The City’s delinquent charges in connection with water, sanitation, storm drainage or sewerage system may include unpaid water consumption charges, utility user tax, readiness to serve ch
arge, sewer fees, street sweeping, livable environment fee and/or late payment penalty fees.

Discussion and Analysis:

As of June 5, 2023 for properties within the City, there are an estimated 2305 service addresses with corresponding accounts totaling approximately $1,389,345.60 that were delinquent over 60 days as of April 30, 2023.

City Council City Council Regular Meeting 79

Collecting on these delinquent accounts has been challenging. Discontinuance of water service for non-payment may not always be a viable option because of the City’s obligation to maintain public health.

Property Owner and Account Holder are to be Given an Opportunity to Correct and Pay Delinquent Charges Prior to Levy on the Property Tax Bill.

Property owners will be given an opportunity to pay for delinquent charges prior to the placement of delinquent charges on the property tax rolls. Notice will be provided to the property owners of the City’s intent to place such charges on the property tax roll to give property owners an opportunity to pay the delinquent amounts thus avoiding a levy on the property tax roll.

They will also be given an opportunity to object and protest at a public hearing. At the public hearing, the City Council may make revisions, or corrections to the report of delinquent charges. After the public hearing, to the extent possible without delaying the submittal of the list of delinquent amounts per parcel to the County, property owners will be given an opportunity to pay to avoid the levy, including administrative charges, on their property tax.

Setting a Public Hearing Date and Time

Staff recommends that the City Council set a public hearing for July 18, 2023, at the hour of 6:00 p.m. or soon thereafter, in the Council Chamber of the City Hall Annex, 11350 Bullis Road, Lynwood, California, to hear protests and objections on the intent to levy and collect delinquent charges parcels in connection with its water, sanitation, storm drainage, or sewer system on the County property tax roll.

A report containing the list of properties and their corresponding charges will be filed with the City Clerk prior to the public hearing and will be made available for public inspection.

Fiscal Impact:

As of June 05, 2023, there are an estimated 2305 service addresses, with corresponding accounts, totaling approximately $1,389,345.60 that were delinquent over 60 days as of April 30, 2023. The levy and collection of the delinquent amounts on the property tax roll increases City Council City Council Regular Meeting 80
Lynwood FY 23-24 DQ Utility Intent Resolution.pdf
the City’s ability to recover the amounts owed for services provided.

The list of delinquent accounts will be updated as payments are received.

Coordinated With:

City Attorney’s Office
Finance Department
City Manager’s Office
ATTACHMENTS:

Description
City Council City Council Regular Meeting 81

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ITS

INTENTION TO LEVY AND COLLECT DELINQUENT CHARGES AGAINST PARCELS

IN CONNECTION WITH ITS WATER, SANITATION, STORM DRAINAGE, OR SEWER SYSTEM ON THE TAX ROLL FOR FISCAL YEAR 2023-24 AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2023

WHEREAS, Section 54354 of the California Go vernment Code authorizes cities that undertake the collection, treatment, or disposal of sewage or supply water, or collect, treat or dispose of storm water, to decla re that delinquent char ges and all penalties thereon shall constitute a lien upon real property;
WHEREAS, Health and Safety Code Section 5471 et seq authorizes cities to collect by a two-thirds of a vote of the members of t he legislative body thereof, to prescribe, revise, and collect fees, rates and other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with its water, sanitation, storm drainage, or sewerage system;
WHEREAS, various cities and counties hav e placed delinquent charges in connection with its water, sanitation, stor m drainage, or sewer sy stem on the property tax roll as a mechanism of collection;
WHEREAS, the City of Lynwood maintains the collection and billing for charges in connection with water, sanitation, storm dr ainage, and sewer systems pursuant to the provisions of Lynwood Municipal Code Section 9-1.20(d)(1)(a) (Health and Sanitation); WHEREAS, the City’s delinquent charges in connection with water, sanitation, storm drainage or sewerage system may incl ude unpaid water co nsumption charges, utility user tax, readiness to serve char ge, sewer fees, street sweeping, livable environment fee and/or late payment penalty fees;
WHEREAS, Lynwood Municipal Code Sections 14-1.27(d) and 14-1.30 currently allows delinquent charges to be considered liens against the property;

WHEREAS, the City Council of the City of Lynwood desires to keep water, sanitation, storm drainage, or sewer system costs at a minimum within the City and require that all persons pay their fair share of these collection costs in order to keep fees as low as possible;

WHEREAS, the City Council of the City of Lynwood has determined that the best method of achieving this goal is to establish permanent procedures whereby the City can place overdue charges of delinquent water, sanitation, storm drainage or sewer system accounts on the property tax assessment rolls of parcels so as to better ensure payment; and

WHEREAS, the City Council of the City of Lynwood believes that these procedures are in the best interest of the City of Lynwood.
82 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Fees authorized pursuant to Health and Safety Code Section 5471 et seq, including those owing prospectively as well as those that remain unpaid as of April 30 of any year, may be collected on the property tax roll pursuant to the provisions of Health & Safety Code Section 5473 et s eq as those may be amended from time to time.
a. Written Report: Annually, on or befor e June 15 of each year, the City shall cause a written report to be prepared and filed with the Cit y Clerk. The report shall describe each parcel of real property in the City receiving such services and the amount of the charge associated with such services for the next fiscal year.

In addition, for collection of delinquent accounts, the City shall cause a report of delinquent fees or charges to be prepared annually after April 30 of any year. The report may contain both prospective and delinquent charges.

b. Upon receipt of the initial report, t he City Council shall fi x a time, date and place for a public hearing on the report and any objections or protests thereto, and shall cause written notice of such hearing to be mailed to the landowners listed on the report not fewer than 15 calendar days prior to the date of the public hearing. Thereafter, annual notice regarding the report shal l be made by publication pursuant to Health & Safety Code Section 5473.1 prior to the date set for the hearing, as that may be amended from time to time and pursuant to Govt. Code Section 6066.
c. The City Council hereby sets the public hearing as July 18, 2023, at the hour of 6:00 p.m. or soon thereafter, in the Council Chamber of the City Hall Annex, 11350 Bullis Road, Lynwood, California.
d. At the hearing, the Cit y Council shall hear any obj ections or protests of landowners liable to be assessed for fees. At the conclusion of its public hearing, the City Council shall determine and appr ove, as an assessment against the property, all past- due billings and penalties due to the date of said hearing, together with the costs incurred in collecting the unpaid charges . If there is a majority prot est of the total number of property owners notified, the report shall not be approved. Otherwise, the City Council may make such revisions or corrections to t he report as it deems just; after which, by resolution, the report may be confirmed.
e. After the public hearing, without delaying the s ubmittal of the list of delinquent amounts per parcel to the County, property owners will be given an opportunity to pay delinquent ch arges prior to the placement of delinquent charges on property tax rolls.
f. A certified copy of th e confirmed report shall be filed with the County Auditor for amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The City Clerk shall file the report with the County Auditor before August 10th of each year. T he City may delegate responsibilities for the 83 report to the Contractor a c ontractor for the City except for the conduct of the public hearing.

Section 2. Special Assessment.
a. The fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lie n on the property for the amount of such delinquent fees plus administrative costs. The lien created attaches upon recordation, in the office of the County Recorder, of such ce rtified copy of the resolution of confirmation. Cal. Gov. Code § 25831.
b. The assessment may be collected at t he same time and in the same manner as ordinary county ad valorem property taxes and shall be subject to the same penalties and the same procedure, including sale in case of delinquency, as provided for such taxes.
c. All laws applicable to the levy, co llection and enforceme nt of ad valorem property taxes shall be applicable to such assessments, except that, if any real property to which such fees or charges attach to has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed shall not attach to such real property and the fees or char ges and interest shall be transferred to the unsecured roll for collection.
d. Each delinquent water, sanitation, storm drainage, and sewer system bill shall be increased by an amount not to exceed the actual costs incurred by the County of Los Angeles and charged to the City of Lynwood for placing the delinquent bills on the property tax roll via special assessment.
e. The list of properties and the amount to be collected attached as Exhibit “A,” shall be forwarded to the County Assessor for posting on the tax bill as a special assessment. Exhibit “A” may be modified by the City Manager prior to placing the delinquent bills on the property tax roll where delinquent charges are paid following the July 18, 2023 public hearing.

Section 3. This resolution shall take effect immediately upon its adoption.

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

84 . PASSED, APPROVED and ADOPTED this 20th day of June, 2023.

_______________________________
Oscar Flores

ATTEST:

Mayor
__________________________ _________________________________ María Quiñonez 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

85 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, María Quiñonez, the undersi gned, City Clerk of the Cit y of Lynwood, do hereby certify that the foregoing re solution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held by the City Council of the City of Lynwood at a meeting held on 20th day of June, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________

María Quiñonez
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quiñonez, 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. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this ___ day of ____, 2023.

_________________________________

María Quiñonez
City Clerk
86 AGENDA STAFF REPORT

DATE:

June 20, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Harry Wong, Director of Finance and Administration
Miguel Cervantes, Billing and Collections Supervisor
SUBJECT:

INTENTION TO LEVY AND COLLECT DELINQUENT REFUSE CHARGES ON THE

PROPERTY TAX ROLL FOR FISCAL YEAR 2023-2024 AGAINST SINGLE-

FAMILY RESIDENTIAL PARCELS (UP TO THREE UNITS)
Agenda Item # 9.4.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ITS INTENTION

TO LEVY AND COLLECT REFUSE CHARGES AGAINST SINGLE-FAMILY RESIDENTIAL PARCELS (UP TO THREE UNITS) FOR IN FISCAL YEAR 2023-2024 ON THE COUNTY

TAX ROLL AND AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS FROM WASTE RESOURCES, INC. (WRI) AS A SPECIAL

ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS

COUNTY TAXES AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2023.”
Background:

Section 38790.1 of the California Government Code authorizes cities to collect delinquent garbage fees or charges via a special assessment to be collected with county taxes. Various cities and counties have placed delinquent and annual refuse charges on the property tax roll as a mechanism for collection. The Lynwood Municipal Code Section 9-1 supports this mechanism of collection for delinquent garbage and rubbish charges.

City Council City Council Regular Meeting 87
Discussion and Analysis:

The City of Lynwood currently contracts with Waste Resources Inc. (WRI) for the collection and billing for solid waste handling services on a quarterly basis.

As of June 8, 2023, there are an estimated 1097 single-family residential (up to three units) refuse accounts totaling approximately $326,265 that are delinquent over 60 days as of April 30, 2023. The late fee is assessed at 1.5% per month.

Collecting on these delinquent accounts has been challenging. Discontinuance of rubbish and garbage collection services or water service for non-payment may not always be a viable option because of the City’s obligation to maintain public health.

Property Owner and Account Holder will be Given an Opportunity to Correct and Pay Delinquent Charges Prior to Levy on the Property Tax Bill.

Property owners and account holders will be given an opportunity to pay for delinquent charges prior to the placement of delinquent charges being placed on the property tax rolls.

Delinquent charges will also include penalties and administrative charges. A notice will be provided to the property owners of the City’s intent to place such charge on the property tax roll to give property owners an opportunity to pay the delinquent amounts thus avoiding a levy on the property tax roll.

They will also be given an opportunity to object and protest at a public hearing. At the public hearing the City Council may make revisions, or corrections to the report of delinquent charges. After the public hearing, to the extent possible without delaying the submittal of the list of delinquent amounts per parcel to the County, property owners and account holders will be given an opportunity to pay to avoid the levy on their property tax.

Setting a Public Hearing Date and Time

Staff recommends that the City Council set a public hearing for July 18, 2023, at the hour of 6:00 p.m. or soon thereafter, in the Council Chamber of the City Hall Annex, 11350 Bullis Road, Lynwood, California, to hear protests and objections on the intent to levy and collect delinquent charges against single family residential parcels (up to three units) in connection with its water, sanitation, storm drainage, or sewer system on the County property tax roll.

City Council City Council Regular Meeting 88
Lynwood FY 23-24 DQ Refuse Intent Resolution.pdf

Reports containing the list of properties and their corresponding charges will be filed with the City Clerk prior to the public hearing and will be made available for public inspection.

Fiscal Impact:

As of June 8, 2023, for single family residential for up to three units, there are an estimated 1,097 refuse accounts totaling approximately $326,265 that are delinquent over 60 days as of April 30, 2023. The levy and collection of the delinquent amounts improves the City’s ability to recover the amounts owed for services provided. As payments are received, staff will update the list of delinquency.

Coordinated With:

City Attorney’s Office
Finance Department
City Manager’s Office
ATTACHMENTS:

Description
City Council City Council Regular Meeting 89
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ITS

INTENTION TO LEVY AND COLLECT REFUSE CHARGES AGAINST SINGLE FAMILY RESIDENTIAL PARCELS (UP TO THREE UNITS) IN FISCAL YEAR 2023-2024 ON THE

COUNTY TAX ROLL AND AUTHORIZI NG AND DIRECTING THE COUNTY

ASSESSOR TO INCLUDE DELINQUENT RESIDENTIAL REFUSE BILLS FROM WASTE RESOURCES, INC. (WRI) AS A SPECIAL ASSESSMENT TO BE COLLECTED

AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2023
WHEREAS, Section 38790.1 of the California Government Code authorizes cities to collect delinquent refuse bills via a spec ial assessment to be collected with county taxes;
WHEREAS, Health and Safety Code Section 5473 allows any entity, by a twothirds vote of the members of the legislative body, to elect to have refuse and garbage collection on property tax rolls;
WHEREAS, various cities and counties have placed delinquent refuse charges on the property tax roll as a mechanism of collection; and WHEREAS, Lynwood Municipal Code Section 9-1 supports this mechanism of collection for delinquent garbage and rubbish charges;
WHEREAS, the City of Lynwood has entered into agreements for the collection of refuse by private refuse firms pursuant to the provisions of City of Lynwood Municipal Code Section 9-1 (Health and Sanitation; Garbage and Refuse); WHEREAS, the City of Lynwood has entered into an agreement with Waste Resources, Inc. for the collection of refu se within the City of Lynwood pursuant to an exclusive franchise;
WHEREAS, the agreement with Waste Resources, Inc. places the responsibility of collecting accounts that are delinquent for over 60 days to the City of Lynwood; WHEREAS, the City Council of t he City of Lynwood desires to keep the refuse collection costs at a minimum within the City and requi re that all persons pay their fair share of these collection costs in order to keep fees as low as possible; and WHEREAS, the City Council of the City of Ly nwood has determined that the best method of achieving this goal is to establish permanent procedures whereby the City can place overdue charges of delinquent accounts on the property tax assessment rolls of single-family residential parcels (up to three units) so as to better ensure payment; and WHEREAS, the City Council of the City of Lynwood believes that these procedures are in the best interest of the City of Lynwood.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS:
90 Section 1. The Fees authorized pursuant to City of Lynwood Municipal Code Section 9-1, including those o wing prospectively as well as those that remain unpaid as of April 30 of any year, may be collected on the property tax roll pursuant to the provisions of Health & Safety Code Section 5473 et seq as those may be amended from time to time. a. Written Report: Annually, on or before June 15 of each year, the City or its Solid Waste Contractor shall cause a written report to be prepared and filed with the City Clerk. The report shall describe each parcel of real property in the City receiving services and the amount of the charge associated with such services for the next fiscal year.

In addition, for collection of delinquent accounts, the contractor shall cause a report of delinquent fees or charges to be prepared annually after April 30 of any year. The report may contain both prospective and delinquent charges.

b. Upon receipt of the initial report, t he City Council shall fix a time, date and place for a public hearing on the report and any objections or protests thereto, and shall cause written notice of such hearing to be ma iled to the landowners listed on the report not fewer than 15 calendar days prior to the date of the public hearing. Thereafter, annual notice regarding the report shall be made by publication pursuant to Health & Safety Code Section 5473.1 prior to the date set for the hearing, as that may be amended from time to time and pursuant to Govt. Code Section 6066.
c. The City Council hereby se ts the public hearing as July 18, 2023, at the hour of 6:00 p.m. or soon thereafter, in the Council Chamber of the City Hall Annex, 11350 Bullis Road, Lynwood, California.
d. At the hearing, the City Council s hall hear any objections or protests of landowners liable to be assessed for fees. At the conclusion of its public hearing, the City Council shall determine and approve, as an assessment against the property, all pastdue billings and penalties due to t he date of said hearing, together with the costs incurred in collecting the unpaid charges. If there is a majority protest of the total number of property owners notified, the report shall not be approved. Otherwise, the City Council may make such revisions or corrections to the report as it deems just; after which, by resolution, the report may be confirmed.
e. After the public hearing, without delaying the s ubmittal of the list of delinquent amounts per parcel to the County, property owners will be given an opportunity to pay delinquent charges prior to the plac ement of delinquent charges on property tax rolls.
f. A certified copy of t he confirmed report shall be filed with the County Auditor for amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The City Clerk shall file the report with the County Auditor before August 10th of each year. T he City may delegate responsibilities for the report to the Contractor or to a contractor for the City except for the conduct of the public hearing.

Section 2. Special Assessment.
91 a. The fees set forth in the report as conf irmed shall constitute special assessments against the respective parcels of land, and ar e a lien on the property for the amount of such delinquent fees plus administrative costs. The lien created attaches upon recordation, in the office of the County Recor der, of such certified copy of the resolution of confirmation. Cal. Gov. Code § 25831.
b. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes and shall be subject to the same penalties and the same procedure, including sale in case of delinquency, as provided for such taxes. c. All laws applicable to the levy, collect ion and enforcement of ad valorem property taxes shall be applicable to such assessments, except that, if any real property to which such fees or charges attach to has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the firs t installment of such taxes would become delinquent, then the lien which would otherwise be imposed shall not attach to such real property and the fees or charges and interest shall be transferred to the unsecured roll for collection.
d. Each delinquent refuse bill shall be increased by an amount not to exceed the actual costs incurred by the County of Los Angel es and charged to the City of Lynwood for placing the delinquent refuse bills on the property tax roll via special assessment. e. The list of properties and t he amount to be collected atta ched as Exhibit “A,” shall be forwarded to the County Assessor for posting on the tax bill as a special assessment.

Exhibit “A” may be modified by the City Manager prior to placing the delinquent bills on the property tax roll where delinquent refuse charges are paid following the July 18, 2023 public hearing.

Section 3. This resolution shall take effect immediately upon its adoption.

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

92 PASSED, APPROVED and ADOPTED this 20th day of June, 2023.

_______________________________
Oscar Flores

ATTEST:

Mayor
__________________________ _________________________________ María Quiñonez 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

93 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________

María Quiñonez
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

_________________________________

María Quiñonez
City Clerk

94 95

AGENDA STAFF REPORT

DATE:

June 20, 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 STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-
5250(034) (CIP NO. 4011.67.911)
Agenda Item # 9.5.

Recommendation:

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

OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE

STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034) (CIP No. 4011.67.911).”
Background:

The City receives Surface Transportation Program-Local (STPL) funding annually. City staff notified Los Angeles County Metropolitan Authority that it intends to use $1,515,500 of its STPL funds for the Wright Road Improvement Project (Project) (CIP NO. 4011.67.911). STPL funds are obligated through Caltrans.

When using STPL funds, the City is required to conform to Caltrans requirements. Plans and specifications have been completed. On September 6, 2022, the City received a notification to proceed (E-76) with construction from Caltrans, however due to lack of funding in Fiscal Year (FY) 22-23 to cover this project, there was a delay in proceeding to the bidding process.

City Council City Council Regular Meeting 96

FY 23-24 has funds reserved for the Street Improvement Project Wright Road from Fernwood Ave to Duncan Ave STPL-5250 (034) project and is ready to move forward with the project.

Discussion and Analysis:

Project Scope:

The improvements consist of, but is not limited to, street resurfacing, and partial replacement of concrete sidewalks, curb and gutters, driveways approaches, curb ramps, traffic signing and striping, sanitary sewer repairs and Cured-In-Place Pipe (
CIPP)
lining.

Project Limit:

Wright Road between Fernwood Avenue and Duncan Avenue.

The Notice Inviting Bids specifications indicate that the contractor shall complete all work in approximately sixty-three (63) 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 June 21, 2023 Last Date to Submit RFI Questions July 12, 2023, at 5:00 PM Bid Due Date July 27, 2023, at 10:00 AM City Council Awarding Date September 5, 2023

Project Budget

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

City Council City Council Regular Meeting 97
06-20-23 Wright Rd Street Auth to Bid (Resolution) - PWD.docx Wright Road Street Improvement Plans
(4011.67.911).pdf
Engineer Estimated Construction Cost
$1,525,510
Contingency (10%)
$153,000
Construction Management & Inspection (15%)
$229,000
Labor Compliance and other related cost (5%)
$77,490
Project Management (10%)
$153,000
Total Estimated Construction Cost
$2,138,000

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

The City’s FY 23-24 CIP budget includes $2,260,000 of the following funds for this project:

Surface Transportation Program-Local (STPL)
$1,515,500
Measure R FY23
$107,000
LUA 2020 Rev Bond FY23
$37,500
Measure M (FY24 Proposed)
$300,000
Measure R (FY24 Proposed)
$300,000
FY 23-24 Approved Budget
$2,260,000
Fiscal Impact:

The City’s proposed FY 23-24 CIP budget for this Project is $2,260,000. 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 98
Wright Road Street Improvement Specifications-Revised Dates.pdf City Council City Council Regular Meeting 99
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 STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-
5250(034) (CIP No. 4011.67.911)
WHEREAS, The City receives Surface Transportation Program-Local (STPL) funding annually through Caltrans.; and
WHEREAS, due to lack of funding in Fiscal Year (FY) 22-23 to cover this project, there was a delay in proceeding to bid.; and
WHEREAS, FY 23-24 has funds reserved for the Street Improvement Project Wright Road from Fernwood Ave to Duncan Ave STPL-5250 (034) project.; and WHEREAS, the Project scope of work includes street resurfacing, and partial replacement of concrete sidewalks, curb and gutters, driveways approaches, curb ramps, traffic signing and striping, sanitary sewer repairs and Cured-In-Place Pipe (CIPP) lining.; 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 FY 23-24 CIP budget includes $2,260,000 of the following funds for this project: Surface Transportation Program-Local (STPL) - $1,515,500, Measure R FY23 - $107,000, LUA 2020 Rev Bond FY23 - $37,500, Measure M (FY24 Proposed) - $300,000, and Measure R (FY24 Proposed) - $300,000.; and WHEREAS, the estimated project expenditure has a total cost of $2,138,000.; and WHEREAS, the remaining budget balance can be used by the City Staff to support any estimated construction cost for this project.

WHEREAS, the bid period is from June 21, 2023, through bid opening day, July 27, 2023, at 10:00 AM.

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.
100
1 Section 2. That the City Council approves the plans and specifications for The Street Improvement Project Wright Road from Fernwood Ave to Duncan Ave STPL-5250 (034) (CIP No. 4011.67.911).

Section 3. That the City Council authorizes staff to solicit a Notice Inviting Bids for The Street Improvement Project Wright Road from Fernwood Ave to Duncan Ave STPL-5250 (034) (CIP No. 4011.67.911).

Section 4. The City Council authorizes the use of the remaining balance for supporting any construction cost once the project has been awarded.

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 as to the adoption of this City Council Resolution.
(Signatures on Next Page)
101
3 PASSED, APPROVED and ADOPTED this 20th day of June 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
102
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 20th day of June 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 20th day of June 2023.

Maria Quinonez, City Clerk
103
PROJECT NO. 4011.67.911STREET IMPROVEMENT PROJECTDEPARTMENT OF PUBLIC WORKS Know what'sbelow.before you dig.

WRIGHT ROADFROM FERNWOOD AVENUE TO DUNCAN AVENUE(FY 2022 - 2023) CABLE:

TELEPHONE:ELECTRICITY:

WATER:PUBLIC UTILITIES CONTACTS
POLICE:FIRE:WASTEWATER:

LANDFILLS:

SHEET NO.SHEET INDEXDESCRIPTIONI-105
BLVD.

MARTIN LUTHER KING, JR.

BLVD.

ATLANTIC AVE.

Office
U.S. Post

LYNWOODWRIGHT ROADSTREETIMPROVEMENTPROJECT LIMITS

VICINITY MAP

LOCATION MAP
ABBREVIATIONSLEGENDSIGNING AND STRIPING GENERAL NOTES:

GENERAL NOTES
STPL-5250(034)
TITLE SHEET1CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
104

SLOT PAVING DETAIL A

CONSTRUCTION NOTES
LEGEND:

TYPICAL SECTION

TYPICAL SECTION
2 CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OF Know what'sbelow.Callbefore you dig. ®15
BID SET 9/20/2022 AC REMOVAL & RECONSTRUCTION DETAIL B

STANDARD TRUNK STAKING
NOTES ROOT CONTROL BARRIERDETAIL "D"
105
TYPICAL SECTIONS AND DETAILS3 CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OF Know what'sbelow.Callbefore you dig. ®15
BID SET 9/20/2022

TRENCH SPOT REPAIRSLURRY BACKFILL DETAILPIPE BEDDING DETAIL 106
LEGEND:

CONSTRUCTION NOTES NOTES
CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OF Know what'sbelow.Callbefore you dig. ®15
BID SET 9/20/2022
STREET IMPROVEMENT PLANSTATION 100+00 TO STATION 111+504 107

CONSTRUCTION NOTES
LEGEND:NOTES
CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
STREET IMPROVEMENT PLANSTATION 111+50 TO STATION 124+005 108
21 CONSTRUCTION NOTES
LEGEND:
1 12 212
NOTES
CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
STREET IMPROVEMENT PLANSTATION 124+00 TO STATION 136+006 109

CONSTRUCTION NOTES
12 32
12 32
LEGEND:

NOTES
CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
STREET IMPROVEMENT PLANSTATION 136+00 TO STATION 147+507 110

CONSTRUCTION NOTES
LEGEND:
12 32
12 32
23 12 2323 NOTES
CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
STREET IMPROVEMENT PLANSTATION 147+50 TO STATION 155+508 111

CONSTRUCTION NOTES
LEGEND:

STOPSTOP
NOTES
CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OF Know what'sbelow.Callbefore you dig. ®15
BID SET 9/20/2022
STREET IMPROVEMENT PLANSTATION 155+50 TO STATION 160+009 112
SIGNING AND STRIPING GENERAL NOTES:SIGNING AND STRIPING CONSTRUCTION NOTES:

CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
SIGNING AND STRIPING PLANSTATION 100+00 TO STATION 111+50 LEGENDSIGN LEGEND:
10 113
SIGNING AND STRIPING GENERAL NOTES:SIGNING AND STRIPING CONSTRUCTION NOTES:

CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
SIGNING AND STRIPING PLANSTATION 111+50 TO STATION 124+00 LEGENDSIGN LEGEND:
11 114
SIGNING AND STRIPING GENERAL NOTES:SIGNING AND STRIPING CONSTRUCTION NOTES:

CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
SIGNING AND STRIPING PLANSTATION 124+00 TO STATION 136+00 LEGENDSIGN LEGEND:
12 115
SIGNING AND STRIPING GENERAL NOTES:SIGNING AND STRIPING CONSTRUCTION NOTES:

CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
SIGNING AND STRIPING PLANSTATION 136+00 TO STATION 147+50 LEGENDSIGN LEGEND:
13 116
SIGNING AND STRIPING GENERAL NOTES:SIGNING AND STRIPING CONSTRUCTION NOTES:

CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
SIGNING AND STRIPING PLANSTATION 147+50 TO STATION 155+50 LEGENDSIGN LEGEND:
14 117
SIGNING AND STRIPING GENERAL NOTES:SIGNING AND STRIPING CONSTRUCTION NOTES:

CITY OF LYNWOODWRIGHT ROAD STPL-5250(034)FROM FERNWOOD AVENUE TO DUNCAN AVENUECITY OF LYNWOOD OFKnow what'sbelow.Callbefore you dig. ® 15
BID SET 9/20/2022
SIGNING AND STRIPING PLANSTATION 155+50 TO STATION 160+00 LEGENDSIGN LEGEND:
15 118
City of Lynwood
ST

REET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)
Public Works Department
P
REPARED BY:

Tyrone Peter, P.E.

Willdan Engineering
119
Oscar Flores
MAYOR
Rita Soto
Mayor Pro-Tempore
Jose Luis Solache
Council Person
Gabriela Camacho
Council Person
Juan Muñoz-Guevara
Council Person
Ernie Hernandez
City Manager
120

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF THE

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

IN THE CITY OF LYNWOOD, CALIFORNIA
XX/XX/2022
(Date of opening bids)
Prepared By:

Tyrone Peter, P.E
Project Manager
Willdan Engineering
121
122

CITY OF LYNWOOD

CONTRACT DOCUMENTS

TABLE OF CONTENTS
SECTION 1 -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Section 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

1.4 Agreement and Bonds

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

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

2.2 Scope and Control of Work

2.3 Changes in Work

2.4 Control of Materials

2.5 Utilities

2.6 Prosecution, Progress, and Acceptance of the Work

2.7 Responsibilities of the Contractor

2.8 Facilities for Agency Personnel

2.9 Measurement and Payment

2.10 Construction Details (Materials and Methods)
SECTION 3 -- TECHNICAL PROVISIONS
123
SECTION 4 -- APPENDICES
Section 4.1 Appendix A – Federal Requirements

4.2 Appendix B – Standard Plans for Public Works Construction (APWA Standards) and City of Lynwood Standards

4.3 Appendix C – Contract Change Order (CCO) Form

4.4 Appendix D – Substitution Request Form

4.5 Appendix E – Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815

4.6 Appendix F – Engineering Plans (Contract Drawings) 124
1-1

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
SECTION 1 - BIDDING AND CONTRACTUAL

DOCUMENTS AND FORMS

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)
Section 1.1 Notice Informal 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
Section 1.4 Agreement and Bonds

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

1.4.4 Certificates/Proof of Insurance and Endorsements
****************
125
1-2

CITY OF LYNWOOD

1.1 NOTICE INVITING BIDS

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

1.1.1 NOTICE IS HEREBY GIVEN that bids for the Street Improvement Project Wright Road From Fernwood Ave to Duncan Ave will be received by the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262 until 27, July, 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 received after the time and date specified above will not be accepted.

All question should be addressed to the attention of Mr. Mir T. Fattahi (Acting City Engineer on PlanetBids by July 12th, @ 5:00PM.

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 Section 5103 of the California Public Contract Code. This sixty (60) day review period may be extended upon the written request of the 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: Street resurfacing, and partial replacement of concrete sidewalks, curb and gutters, driveways approaches, curb ramps, traffic signing and striping, sanitary sewer repairs and CIPP lining. The Work is to be completed before the expiration of SIXTY THREE (63) CALENDAR DAYS for Street Improvement Project Wright From Fernwood Ave to Duncan Ave from the date specified in a written “Notice to Proceed” from the City. The Engineer's Cost Estimate is approximately $1,525,000.00

1.1.4 AWARD OF CONTRACT:
(a) The City of Lynwood shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. Whenever additive or deductive items are included in a bid, the lowest bid shall be the lowest Total Bid Price on the Base Bid without consideration of the bid prices on any additive or deductive items. The City of Lynwood reserves the right to reject any or all bids or to waive 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 payment and performance bonds and proof of 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 license approved by the State of California Contractors State License Board at the time of submitting bids.

1.1.7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial 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 less than said specified rates and shall post a copy of said wage rates at the project site.
126
1-3

1.1.7a NOTICE REQUIREMENTS:
a. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
b. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
c. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
d. The contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner.

1.1.8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code.

1.1.9 SECTION 3 STATEMENT: Not Used.

1.1.10 PRE-BID VISIT TO WORK SITE: Bidders are encouraged to visit work sites.

1.1.11 OBTAINING OR INSPECTING CONTRACT DOCUMENTS:
(a) All documents required for the review of Contractors to submit a valid and responsive bid are contained within this set of Contract Documents.

1.1.12 SUBMITING BID ON PLANETBIDS The Contractor is required to submit an “ebid” through the PlanetBids online platform. It is the Contractor’s responsibility to ensure that the most complete and current version of the solicitation, including addenda, has been downloaded.

1.1.13 FEDERAL REQUIREMENTS A pre-bid meeting is scheduled for 10:00 AM on July 3rd at 11000 WRIGHT ROAD. This meeting is to inform bidders of project requirements and subcontractors of subcontracting and material supply opportunities. Bidders’ attendance at this meeting is mandatory.

Pursuant to Federal law, Disadvantaged Business Enterprise (DBE) requirements shall include all DBEs, as described in the Specifications. This project is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990, and in any contract entered into pursuant to this advertisement, DBEs will be afforded full opportunity to submit bids in response to this invitation.

The DBE contract goal for this project is 10%.

PREVAILING WAGE REQUIREMENTS: Pursuant to California Labor Code Sections 1770, 1773, 1773.1, 1773.6, and 1773.7, as amended, the applicable prevailing wages for this project have been determined. It shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than the higher of the Federal and the State prevailing wage rates to all workers employed by them in the execution of the contract. The applicable Federal prevailing wage rates are those that are in effect ten (10) calendar days prior to bid opening; they are set forth on the U.S. General Services Department website: https://sam.gov/content/wage-determinations but are not printed in the Specifications. Lower State wage rates for work classifications not specifically listed in the Federal wage decision are not acceptable. The applicable State prevailing wage rates are set forth on the California Department of
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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 Provisions of the Standard Specifications for Public Works Construction (the “Greenbook”) 2021 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 "Engineer" 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. Bidders General Informaion must include demonstration of successfully completing five projects of similar types to the one being bid of equal or greater value. Resumes of Project Manager, Superintendent, and Foreman, each with at least 5 years experience of conducting similar type work, who will be assigned to the Work, shall also be required with bid documents. 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 rejected. If the City 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 sub
mitting 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 that may affect cost, progress, or performance of the Work; 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) Reference 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 preparation of the Contract Documents. However, such reports are NOT a part 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) Copies 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 underground 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 thereof unless it is expressly provided otherwise in the 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 possible changes in the Contract 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.
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(h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Plans (Contract Drawings) of the Contract Documents. All additional lands and access thereto required for temporary construction 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 be obtained and paid for by the City unless otherwise specified in the Contract Documents.
(i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Section; that without exception the Bid is premised 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, Public 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 issuance 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 bid shall be considered non-responsive for reasons including, but not limited to, the following:

1. The Bidder fails to furnish a price for all Bid Items in the Bid Schedule when there 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. The 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. The Bidder fails to provide written acknowledgement of receipt of all Bid Addenda. 7 Other 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 the 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 adjusted 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 listed in the “Item Amount” column on the Bid Schedule shall 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 provisions of Section 5100 et seq. of the 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) In 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 shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions.
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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.

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 the Engineer, all of the elements set forth in 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. The 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 consideration 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 the Engineer, data substantiating a request for a substitution of an “or equal” item or items will not be considered by the Engineer until after the Effective 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 responsive, that Bidder’s qualifications will be reviewed by the Engineer to ascertain if the Bidder is responsible. A responsible bidder is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the Work required by the Contract Documents. Consideration will be given to the quality and performance 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 with 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 reasonable opportunity 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 recommendations 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.
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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. (b) The initial protest must contain a complete statement of the basis for the protest. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the protesting party and the name, address and telephone number of any 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 project. A subcontractor of a party filing a bid on this project may not submit 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 limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a Bid Protest. A Bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings. (f) The City shall review all timely 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 City Council’s consideration of the recommendation for award of the bid, the City Council shall also consider the merits of any timely protests and the 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 and 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 Bids 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 original endorsements attached and bonds required by the Contract Documents within ten (10) calendar days after receipt of the Notice of Award from the 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 may 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 lowest 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.

1.2.20 OTHER CONTRACT PROVISIONS
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• The bidder’s attention is directed to other contract provisions in the Appendices section of these Contract Documents, which must be observed in the preparation of the proposal form and the submission of the bid.
- END OF INSTRUCTIONS TO BIDDERS -
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1.3 BID DOCUMENTS
The following listed documents, identified in the lower right corner as "Bid Document", shall be fully executed and submitted with the Bid 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. 134
1-11 Bid Documents

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, to enter into an agreement with the City in the form of agreement included in Subsection 1.4.1 of the Contract Documents (the “Agreement”) to perform the Work as specified or indicated in said Contract Documents entitled:

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)
Bidder accepts all of the terms and conditions 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/certificates, 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):

Number 1 ____________________ Date ____________________ Number 2 ____________________ Date ____________________ Number 3 ____________________ Date ____________________ Number 4 ____________________ Date ____________________ Number 5 ____________________ Date ____________________ Number 6 ____________________ Date ____________________ Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary.
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In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

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

Bidder agrees to complete the Work required under the Contract Documents within the time stipulated in said Contract Documents, 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 hereby 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.

Dated: ________________________ Bidder: ___________________________________ By: _____________________________________
(
Signature of Bidder’s Authorized Representative)
Title: _____________________________________
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1.3.2 UNIT PRICE BID SCHEDULE
Schedule of Prices for the Construction of the:

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

CITY OF LYNWOOD
Bid Schedule A
Item Description Estimated
Quantity Unit Unit Price Total Price

1. Mobilization 1 LS $ $

2. Traffic Control 1 LS $ $

3. Unclassified Excavation 2,560 CY $ $

4. Cold Mill Asphalt Concrete 2-Inch Uniform
Depth
196,000 SF $ $

5. Construct 2-Inch ARHM Overlay 2,370 TN $ $

6. Construct 4-Inch Thick AC Pavement 2,010 TN $ $

7. Construct 6-Inch Thick AB over Compacted
Native
1,540 CY $ $

8. Remove and Construct Residential Driveway
per SPPWC Std Plan 110-2, Type B, Match
Width to Existing
250 SF
$ $

9. Install Truncated Domes Per SPPWC Std Plan
111-5
1 EA $ $

10. Remove and Construct Type A2-6 Curb and
Gutter Per SPPWC Std Plan 120-3
20 LF $ $

11. Remove and Construct Type A2-8 Curb and
Gutter Per SPPWC Std Plan 120-3
30 LF
$ $

12. Remove and Construct Alley Intersection Per
SPPWC Std Plan 130-3

815 SF
$ $

13. Remove and Construct Curb Ramp per
SPPWC Std Plan 111-5, Case A, Type 1

1 EA
$ $

14. Remove and Construct Curb Ramp per
SPPWC Std Plan 111-5, Case A, Type 3
1 EA $ $

15. Remove and Construct Curb Ramp per
SPPWC Std Plan 111-5, Case A, Type 6
1 EA $ $

16. Remove and Construct Curb Ramp per
SPPWC Std Plan 111-5, Case B, Type 2
2 EA $ $

17. Remove and Construct Curb Ramp per
SPPWC Std Plan 111-5, Case D Type 1
4 EA $ $
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Item Description Estimated
Quantity Unit Unit Price Total Price

18. Trim Existing Tree, Prune Roots, and Install
Root Barrier per Specification and Detail on
Drawing
1 EA
$ $

19. Install striping complete per plan. 1 LS
$ $

20. Install sign and/or post complete per plan. 17 EA
$ $

21. Remove sign and/or post complete per plan. 4 EA
$ $

22. Remove and replace in-kind all regulatory and
warning signs throughout the project limits
complete per plan.
57 EA
$ $

23. Construct 8-Inch VCP Sewer Line Per Detail 10 LF
$ $

24. Install 8-Inch CIPP Liner 205 LF
$ $

25. CCTV Inspection (Final) 215 LF
$ $

26. Prepare and Implement Sewer Bypass System 1 LS
$ $
Total $
T
OTAL AMOUNT BID SCHEDULE A (IN FIGURES): $
TOTAL BID PRICE FOR BID SCHEDULE A :
$____________________________________________________________________________ (Price in Words)
Q
UANTITIES OF 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 Item, 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. 138
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_______________________________________________________________________________ Name of Bidder or Firm

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 subcontracted, 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.

Subcontractor
Contractor's Percent
License of Total
Work to be Performed Number Contract Subcontractor's Name & Address

1. _________________________ ____________ ______ _____________________________ _____________________________
_____________________________
_____________________________

2._________________________ ____________ ______ _____________________________ _____________________________
_____________________________
_____________________________

3._________________________ ____________ ______ ______________________________ _____________________________
_____________________________
_____________________________

4._________________________ ____________ ______ _____________________________ _____________________________
_____________________________
_____________________________

5._________________________ ____________ ______ _____________________________ _____________________________
_____________________________
_____________________________

6._________________________ ____________ ______ _____________________________ _____________________________
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_____________________________
_____________________________

1.3.4 ANTI-TRUST CLAIM
Pursuant to Public Contract Code Section 7103.5, upon acceptance of its bid, Contractor agrees to the following: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This 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.” RESPECTFULLY SUBMITTED:
________________________________
Contractor Name
________________________________ _______________________________ Signature Address
________________________________ _______________________________ City, State, Zip Telephone (with area code)
________________________________ _______________________________ Title Date
________________________________ _______________________________ Contractor's License No. Type of License
________________________________ _______________________________ Contractor's PWC License No. Email address
________________________________
Federal I.D. No
(SEAL--if Bid is by a corporation)
ATTEST ____________________________
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1.3.5 NON-COLLUSION AFFIDAVIT
(To be Executed by Bidder and Submitted with Bid Pursuant to Public Contract Code Section 7106)
State 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
Subscribed and sworn to before me this ______ day of _______________________, 20____ ________________________________________
Notary Public in and for the State of California
My Commission Expires: __________________

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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 Lynwood, a California Municipal Corporation, (hereinafter referred to as the “City”) in the penal sum of ______________________________________________________________ DOLLARS ($ ________________ ), being not less than ten perce nt (10%) of the Total Bid Price, 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 City a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing with City for the completion / construction / demolition of Pavement Rehabilitation at Various Locations, entitled:

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

NOW, THEREFORE,
a. If said Bid shall be rejected, or
b. If said Bid shall be accepted and the Principal shall execute and deliver to the City a contract in the form of agreement set forth in the Contract Documents (properly completed in accordance with said Bid) within ten (10) calendar days after receipt of same from City, and shall, within the time and manner set forth in the Contract Documents, furnish a Bond for his/her faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, the required proof of insurance/certificates, required insurance endorsements, and shall in all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain in force and effect; it 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.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety 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.
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers on this _________ day of _______________________, _______.

PRINCIPAL SURETY
_______________________________ ___________________________ (Legal Company Name) (Legal Company Name)
By: ____________________________ By: ________________________ Title ___________________________ 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 surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Project 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). Notary acknowledgements for Principal and Surety signatures and Power of Attorney 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)
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1.3.7 BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete and attach all items may cause the Bid to be rejected as non-responsive.

1. BIDDER/CONTRACTOR'S Name and Street Address:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

2. CONTRACTOR'S Telephone Number: ( ) ______________________ Facsimile Number: ( ) ______________________

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

4. DIR REGISTRATION Number:

5. Surety Company and Agent who will provide the required Bonds on this Contract:

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

6. Type of Business Entity (Sole Proprietorship, Partnership, Corporation, etc.):
_____________________________________

7. Corporation organized under the laws of the State of: _____________________________________

8. Is your business entity qualified to do business in the State of California?: ________ Date qualified. _______________

9. List the names, addresses and titles of the principal members/officers of your business entity:

Name Title Address
______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ 145
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1.3.7 BIDDER'S GENERAL INFORMATION (Continued)

10. Number of years’ experience as contractor performing the specific type of construction or Work required for this Project as set forth in the Contract Documents: ______________

11. List 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. Owner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone ___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________ c. Owner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone ___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________

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

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

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

15. Please 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 remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

16. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. 146
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1.3.8 BIDDER’S INSURANCE STATEMENT
(To Be Submitted with Bid)
BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance requirements set forth in Subsection 1.4.4 of the Bidding and Contractual 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 certifies that it can meet all insurance requirements set forth in the Contract Documents, including, 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 cost associated with providing and maintaining the required insurance coverage are the sole responsibility of the Contractor and that the costs of procuring and maintaining said coverage is included in Contractor’s Bid.

Bidder further agrees and certifies that if awarded the contract, Bidder will provide the proof of insurance and endorsements required by the Contract Documents within ten (10) calendar days of receipt of the Notice of Award. Bidder acknowledges that failure to provide City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award, may result in withdrawal of award and forfeiture of the Bidder's Bid Security.

Dated: ______________________________ Bidder: __________________________________ By: ____________________________________
(Signature of Bidder’s Authorized Representative)
Title: ___________________________________
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1.4.1 CITY OF LYNWOOD AGREEMENT
FOR

CONSTRUCTION OF
“STREET IMPROVEMENT PROJECT
WRI
GHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034)” This
agreement (the “Agreement”) is made and entered i n to on this ______ day of _______________, _____ by and between the City of Lynwood, a California Municipal Corporation ("City") and __________________________________________________, a ______________________________ ("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 Thursday, XXXXXX XX, 2022_ B. Instructions to Bidders.

C. Addenda.

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 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.

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” 2021 Edition.
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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 _____________________________________________ Dollars ($_______________) 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. 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 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, 1-25
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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 and risk, 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 costs incurred 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 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. 150
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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 SIXTY THREE (63)
CALENDAR 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 CALENDAR days allowed. Accordingly, City and Contractor agree that the sum of $1,000.00 per calendar day is a reasonable sum to assess 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 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.

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. 151
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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 insure 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.

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.
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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: ___________________________
11330 Bullis Road _______________________________
Lynwood, CA 90262 _______________________________
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.

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.
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CITY OF LYNWOOD CONTRACTOR
____________________________

LEGAL NAME OF FIRM
By: _____________________________ By:__________________________ Jorge Casanova 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]
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1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)
K
NOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into an Agreement dated _________________ (referred to hereinafter as the “Agreement”) with ________________________________________________________ (hereinafter designated as “Contractor” or "Principal"), for construction of, STREET

IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034) (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
W
HEREAS, 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 the 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, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE 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 thereof made as therein provided, on his/her or its part, to be kept and performed at the time and in the 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.

A
s a condition 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 acceptance of the Work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the 155
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Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever 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) Take 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 with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as Work progresses sufficient funds to pay the 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 paragraph shall mean the total 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. (3) Permit the City to complete the Project in any manner consistent with California law and make available as Work progresses sufficient funds to pay the 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 paragraph shall mean the total 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 may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The said Surety, for value received, hereby stipulates 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.

No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument 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. 156
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PRINCIPAL:
(seal)
_______________________________
By ____________________________
SURETY:
(seal)
_______________________________
By ____________________________
Attorney-in-Fact
The rate of premium on this bond is ____ per thousand. The total amount of premium charged, $_______________. (These blanks must be filled in by corporate surety.) IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Project 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). Notary acknowledgements for Principal and Surety signatures and Power 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 Address of Agent/Representative in California if different)
__________________________________ ___________________________________________________ _________________________________ ___________________________________________________ _________________________________ ___________________________________________________ (Telephone Number of Surety/Agent ___________________________________________________ or Representative in California)
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STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )
On this _____ day 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 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: _____________
NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.

CERTIFICATE AS TO CORPORATE PRINCIPAL
I
, _______________________________________, certify that I am the ________________________________ Secretary of the corporation named as Principal to the within bond; that _________________ _________________________ who signed the said bond on behalf of the principal was then ___________________________ of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing board. _______________________________
Signature of Corporate Principal
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1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)
K
NOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "City") has entered into an agreement dated __________ (referred to hereinafter as the “Agreement”) with _____ ________ , (hereinafter designated as the "Contractor" or “Principal”), for STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034).

WHEREAS, Contractor is required to furnish a bond in connection with the Agreement, 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 persons, 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 less than 100 percent of the total amount payable by City under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE 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 required 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 addition to the provisions hereinabove, it is agreed that this bond will 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 time, alteration, or addition to the terms of the Agreement 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 Work or 159
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to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.

No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument 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.

PRINCIPAL:
(seal)
_______________________________
By _____________________________
SURETY:
(seal)
_______________________________
By _____________________________
Attorney-in-Fact
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Project 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).

Notary acknowledgements for Principal and Surety signatures and Power 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 an d Address of Agent/Representative in California if different) ________________________________ ___________________________________________________________ ___________________________________ ___________________________________________________________________ __________________________________ _________________________________________________________________ (Telephone Number of Surety/Agent _________________________________________________________________ or Representative in California)
S

TATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )
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On this _____ day 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 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: _____________
NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.

1.4.4 CERTIFICATES / PROOF OF INSURANCE

AND ENDORSEMENTS
T
he Contractor shall not commence any of the Work 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 provided by the Contractor in conformance with the requirements of Subsection 2.7.2 of the Special Provisions and may include the following:
• Workers' Compensation Insurance
• Commercial General Liability and Business Automobil
e 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 issue policies in the amounts required pursuant to the provisions of Subsection 2.7.2 of the Special Provisions. All insurance required shall be placed with insurers with a current A.M.

Best's rating of no less than A:VII, and shall contain the endorsements specified in Subsection 2.7.2.

Within ten (10) calendar days after receipt of the Notice of Award, Contractor shall furnish to the City for approval as to sufficiency and form, certificates of insurance and original endorsements evidencing the required coverage set forth in Subsection 2.7.2 of the Special Provisions. Endorsements and certificates are to be signed by a person authorized by the insurer to bind coverage on the insurer’s behalf. If the insurance called for is provided by more than one company, a separate certificate and the required endorsements shall be provided by each company.

City reserves the right to request complete, certified copies of all required insurance policies and endorsements at any time.

Failure to provide City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award, may result in withdrawal of award and forfeiture of the Bidder's Bid Security.
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ADDENDUM
B
y executing this Addendum, Contractor acknowledges and agrees that the work performed pursuant to the above referenced Agreement is subjected to all applicable provisions.

Payment 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. Prevailing 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 adjusted throughout the term of this Agreement.

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

B. Reports. Contractor shall not perform on site work on this contract until labor 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 form, and Contractor agrees to provide to the City the information required by the DIR, as generally set forth in Labor Code Section 1773.3. By signing this form, Contractor, and all of its subcontractors, represents that it has registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions under Labor Code section 1771.1(a)] and paid the annual fee due to the DIR, unless the Contractor meets an exception recognized by the DIR or by the law.

C. Furnishing of Electronic Certified Payroll Records to Labor Commissioner.

Contractor and subcontractor agree to furnish the required electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement), in the manner and under the time frame required by law.

D. Audit Rights. All records or documents required to be kept pursuant to this Agreement to verify compliance with the Wage Requirement shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or 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. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be available at CONTRACTOR’s address indicated for receipt of notices in this Contract.
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E. Enforcement.

1. General. CONTRACTOR acknowledges it has read and understands that, pursuant to the terms and conditions of this Agreement, it is required to comply with the Wage Requirement and to submit certain documentation to the City establishing its compliance with such requirement. (“Documentation Provision.”) CONTRACTOR further acknowledges the City has determined that the Wage Requirement promotes each of the following (collectively “Goals”):
a. It protects public job opportunities and stimulates the City’s economy by reducing the incentive to recruit and pay a substandard wage to labor from distant, cheap-labor areas.
b. It benefits the public through the superior efficiency of well-paid employees.
c. It increases competition by promoting a more level playing field among contractors with regard to the wages paid to workers.

2. CONTRACTOS’s Breach of Prevailing Wage/Living Wage Provisions.

WITHOLDING OF PAYMENT: CONTRACTOR agrees that the
Documentation Provision is critical to the City’s ability to monitor CONTRACTOR’s compliance with 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 light of the critical importance of the Documentation Provision, the City and CONTRACTOR agree that CONTRACTOR’s compliance with this Addendum is an express condition of City’s obligation to make each payment due to the CONTRACTOR pursuant to this Agreement. THE CITY IS NOT OBLIGATED

TO MAKE ANY PAYMENT DUE THE CONTRACTOR UNTIL

CONTRACTOR HAS PERFORMED ALL OF ITS OBLIGATIONS UNDER
THESE PROVISIONS. THIS PROVISION MEANS THAT CITY CAN

WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL REQUIRED DOCUMENTATION IS SUBMITTED. Any payment by the City despite CONTRACTOR’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver 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 Provision or public wage obligations of the Contractor and the City.
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CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS
SECTION 2 - SPECIAL PROVISIONS

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)
Section 2.1 Terms, Definitions, Abbreviations, and Symbols

2.2 Scope and Control of Work

2.3 Changes in Work

2.4 Control of Materials

2.5 Utilities

2.6 Prosecution, Progress, and Acceptance of the Work

2.7 Responsibilities of the Contractor

2.8 Facilities for Agency Personnel

2.9 Measurement and Payment

2.10 Construction Details (Materials and Methods)
* * * * *
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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
SECTION 2 - SPECIAL PROVISIONS

STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)
SECTION 2.1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS

2.1.1 GENERAL

2.1.1.1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, including all current supplements, addenda, and revisions thereof, the City Standard Plans identified in the Appendix, and the Special Provisions set forth in this Section 2 of the Contract Documents.

In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition and these Special Provisions and Technical Provisions, these Special Provisions and Technical 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 referenced portions of the technical provisions of the Caltrans Standard Specifications, latest Edition, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), 2021 Edition, as previously specified in the above Subsection 2.1.1.1.

In case of conflict between the technical provisions of the Caltrans Standard Specifications, latest edition and these Special Provisions, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.
2 .1.2 LEGAL ADDRESS

2.1.2.1 Legal Address of the Agency. - The official address of the Agency shall be the 166
City of Lynwood, 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 90262, or such 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 Agency’s designated Project Representative shall be Thomas Thornton, 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 Definitions and Terms. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read:

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

Board – The City Council of the City of Lynwood.

Engineer - The City Engineer of the City of Lynwood or other persons designated by the City Engineer.

Liquidated 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 deducted 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.

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

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

Project – The Work that is the subject of the Contract Documents.

Total Bid Price – The full price for all the Work required to complete the Project submitted by a Bidder in the Bid Documents.

Unit Price – The amount set forth in a Bid Schedule document for a single unit of an item of work.

Unit Price Bid Item – An item of work to which a Unit Price applies. 2-3
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SECTION 2.2 - SCOPE AND CONTROL OF WORK

2.2.1 SCOPE OF THE WORK
The project consists of street resurfacing, and partial replacement of concrete sidewalks, curb and gutters, driveways approaches, curb ramps, traffic signing and striping, sanitary sewer repairs and CIPP lining.

2.2.2 CONTRACTOR’S SURETY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Subsection 1-7.2 of the Standard Specifications:
"The Contractor shall ensure that its Surety is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written 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 PRECEDENCE OF CONTRACT DOCUMENTS
The provisions of Subsection 3-7.2 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

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

The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing.

In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below:

1. Approved 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)
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11. Standard Specifications

12. City Standard Plans

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

1. Figures govern over scaled dimensions.

2. Detail drawings govern over general drawings.

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

4. Contract Drawings govern over Standard Drawings.

5. Contract Drawings govern over Shop Drawings.

2.2.4 SUBMITTALS
The following provision shall be added at the end of Subsection 3-8.1 of the Standard Specifications:

On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which 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.

2.2.5 SUBSURFACE DATA
The provisions of Subsection 3-9 of the Standard Specifications shall be deleted in their entirety and following substituted therefor:

Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available 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 of 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 against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:

Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto, or
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Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or
Interpretation. - 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.

2.2.6 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY
Subsection 2-3 of the Standard Specifications shall be deleted in its entirety and the following substituted therefor:

All temporary access or construction 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.

2.2.7 PERMANENT SURVEY MARKERS
The provisions of Subsection 400-2 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

It shall be the Contractor's responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Removal of 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.

Any existing monument shall not be disturbed. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, 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 Surveyor shall file corner record(s) as required by Sections 8772 and 8773, et seq., of the California Business and Professions Code.

Payment for the costs of Land Surveyors, replacement of disturbed monuments and the filing of corner records shall not be considered part of the work necessitating the disturbance of said monuments and no additional payment will be made by City to Contractor therefor.

2.2.8 SURVEY SERVICE
The provisions of Subsection 3-10.1 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:
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The Contractor shall hire and pay for the services of a California Licensed Land Surveyor to perform all work necessary for establishing control, construction staking, records research, and all other surveying work necessary to perform the Work; and to provide other surveying services, if required by the Contract Documents, in accordance with the Land Surveyors Act. The California Licensed Land Surveyor shall be present on the site during all surveying operations and shall personally supervise and certify the surveying work.

Payment 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.

2.2.9 INSPECTION
The provisions of Subsection 3-5 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

The Engineer shall have complete and safe access to the Work 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 inspection. The Contractor shall notify the engineer at least twenty-four (24) hours before any inspection is required.

If the Contractor is allowed by the Engineer to work outside the hours of operations specified in Subsection 2.6 of these Special Provisions, on weekends, or on days designated as holidays by the City, and if the Engineer 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.

2.2.10 TESTING
The Contractor shall provide, at its sole cost and expense, any testing indicated by the Contract Documents. The testing shall be performed by a company approved by the Engineer. Only 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 shall be at the Contractor’s expense and City shall not pay Contractor any compensation therefor.

The Contractor, at its sole expense, shall excavate any holes necessary 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.
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2.2.11 SITE EXAMINATION
The 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 conclusive evidence that the Contractor has investigated and examined the Work site and is satisfied as to the conditions to be encountered, including but not limited to, locality, uncertainty of weather and all other contingencies, and the character, quality, quantities, and scope of the Work, materials to be furnished, and all Agreement requirements which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.

2.2.12 FLOW AND ACCEPTANCE OF WATER
Storm, surface, nuisance, or other waters may be encountered 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.

2.2.13 RECYCLING AND DIVERSION OF DEBRIS
The 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.

2.2.14 POLLUTION CONTROL

2.2.14.1 Water Pollution Control
The Contractor shall adhere to all provisions of Section 14-12 of the Lynwood Municipal Code: “Stormwater and Urban Runoff Pollution Control,” and the Federal Clean Water Act, including but not limited to, the National Pollutant Discharge Elimination System (NPDES) standards. The Contractor shall conform to the requirement of Section 3-12.6 Water Pollution Control of the Standard Specifications.

2.2.14.2 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.
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2.2.14.3 Air Pollution Control
The 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).
- END OF SECTION -
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SECTION 2.3 - CHANGES IN WORK

2.3.1 CHANGES INITIATED BY THE AGENCY
The following sentence shall be added to the end of the second paragraph of Subsection 2-7.1 of the Standard Specifications:

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

2.3.2 EXTRA WORK
The provisions of Section 2-8 of the Standard Specifications shall apply; provided that the provisions governing markup percentages for overhead and profit for extra work referenced in Subsection 7-4.3 Markup, Subsection 7-4.3.1 Work by Contractor of the 2021 Edition shall be deleted in their entirety and the following substituted therefor:
(a) Work 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 15 percent
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.
- END OF SECTION -
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SECTION 2.4 - CONTROL OF MATERIALS

2.4.1 MATERIALS

2.4.1.1 Placing Orders. – The following paragraph shall be added to Subsection 4-1 of the Standard Specifications:

The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within three (3) working days after the receipt of the Notice of Award from the City. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within fifteen (15) working days from the date of receipt of Notice of Award.

2.4.2 TRADE NAMES OR EQUALS

2.4.2.1 Substitutions. - Paragraph 2 of Subsection 4-6 of the Standard Specifications shall be amended to read as follows:

Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the 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 may offer any material, process, or equipment considered as equivalent to that 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 designated 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.

2. In 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 necessary item that is only available from one source.

4. In order to respond to an emergency declared by a local agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local 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. 176
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Failure of the Bidder to submit requests for substitution with the Bid, using the form provided in Appendix D of the Contract Documents, shall be deemed to signify that the Bidder, if awarded the contract, intends to furnish one of the brands named in these Special Provisions and the Bidder does thereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Data substantiating a request for substitution of an "or equal" item shall be submitted either with the Bid or not later than ten (10) days following the 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:

Should 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 Subsection 2.4.1.1, above. Data for approval to substitute "or equal" products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute.
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SECTION 2.5 – UTILITIES

2.5.1 UTILITY LOCATION AND PROTECTION
The following text shall replace the provisions of paragraph 3 of Subsection 402-1.1 of the Standard Specifications:

Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 and obtain an inquiry identification number a minimum of two (2) working days, but not more than fourteen (14) calendar days, prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work.

The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work.

All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of two (2) working days before commencing the Work.

2.5.2 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES The following text shall replace the provisions of paragraph 4 of Subsection 402-5 of the Standard Specifications:

In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work.

The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the 178
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public agency or the owner of the utility to provide for removal or relocation of such utility facilities.

Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications.

Nothing herein shall preclude the public agency from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility.

Nothing herein shall be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities.

If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing.

The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

2.5.3 TEMPORARY SUPPORT OF UTILITIES
The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the City. The Contractor shall verify these locations prior to commencing any work that may affect such utilities. During construction of the Work, some of the existing utilities may fall within the prism of trenches. If the existing utility does fall within the Contractor's trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be in accordance with the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities.

2.5.4 EXCAVATING NEAR SUBSURFACE INSTALLATION
The excavator shall determine the exact location of subsurface installations that may be affected by the excavation by excavating with hand tools within the area of the approximate location of subsurface installations as determined by the field marking performed by the operator of the subsurface installation (hereinafter the “Operator”) in conjunction with the excavator pursuant to the provisions of Government Code Section 179
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4216.3, before using any power-operated or power-driven excavating or boring equipment within the approximate location of the subsurface installation, except that power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement. If mutually agreed upon by the Operator and excavator, the excavator may utilize power- operated or power-driven excavating or boring equipment within the approximate location of a subsurface installation and to any depth.

If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with the first paragraph of this subsection, the excavator shall request the Operator to provide additional information to the excavator, to the extent that information is available to the operator, to enable the excavator to determine the exact location of the installation.

Under no conditions should a contractor proceed with excavation if the contractor has been unable to locate a marked utility line through hand excavation. In the event the contractor has been unable to locate the marked utility line by hand excavation, then the contractor is required to immediately stop work and notify the City, the property owner (if other than the City) and utility owner and request further information and instructions before proceeding with excavation.
- END OF SECTION -
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SECTION 2.6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK

2.6.1 GENERAL
Particular attention is directed to the following provisions of the Standard Specifications as amended by these Special Provisions: Subsection 6-1, "Construction Schedule and Commencement of the Work,” Subsection 6-3, "Time of Completion,” Subsection 6-7, “Termination of the Contract for Default,” and Subsection 6-9, "Liquidated Damages."

2.6.2 TIME OF COMPLETION
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:

SIXTY THREE (63) CALENDAR DAYS FOR STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE from the date specified in
a written Notice to Proceed from the City.

2.6.3 DEFAULT BY CONTRACTOR

2.6.3.1 The provisions Subsection 6-7 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

The Agreement may be cancelled by the City Council w i
thout liability for
damages, upon the City Council’s determination that the Contractor is not complying in good faith with the terms 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 amount due based on Unit Prices or lump sums bid and the quantity of Work completed at the time of cancellation. Any damages sustained by the City due to acts or omissions of the Contractor will be subtracted from this amount. The Contractor, in having tendered a Bid, shall be deemed to have waived any and 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 specified in this paragraph, written notice to that effect shall be served by the City via personal delivery or by certified mail (return receipt requested) upon Contractor’s Surety. The Surety shall, within five (5) working days after receiving the written notice, assume control and perform the work as successor to the Contractor.

If the Contractor fails to: begin delivery of material and equipment; commence work within time specified; maintain the rate of delivery of material; execute the work in the manner and at such locations as specified; 181
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maintain a work program which will ensure the City’s interest; or carry out the intent of the Agreement; written notice may be served by the City 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 the 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 California law, including but not limited to use of its own forces, or by letting the unfinished work to another Contractor. In any event, the cost 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, within five (5) working days after the completion of the unfinished work, all costs in excess of the sums due.

If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part and shall be paid by the City for all 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.

The 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. - The days designated as holidays by the City are:

New Year’s Day Independence Day
Martin Luther King’s Birthday Labor Day
César Chávez’ Birthday Thanksgiving Day
Christmas Day Veteran’s Day
Memorial Day
Any holiday shown above that falls on a Sunday shall be observed the following Monday.

2.6.4.2 Days Designated as Holidays by BOTH the State of California AND the United States Federal Government. - In addition to the holidays specified in §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:
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Presidents’ Day Columbus Day
Veterans’ Day
A
ny 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 TIMES 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 of the following, 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. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools

2.6.7 NOTIFICATION
The Contractor shall notify the City of Lynwood and the owners of all utilities, subsurface installations and substructures 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
City of Lynwood Water & Sewer (310) 603-0220, Ext. 800 Waste Resources, Inc.(trash collection) (888) 467-7600 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
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Underground Service Alert (800) 227-2600
U.S. Postal Service (800) 275-8777
The Contractor shall notify the U.S. Postal Service and trash collection company 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
The provisions of Subsection 6-1.1 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 6-1.1 of the Standard Specifications shall be provided by the Contractor 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.

CPM schedules may be submitted in either arrow diagram or time-scaled precedence diagram format, subject to the requirements of these Special Provisions.

2.6.8.3 Qualifications. - A statement of computerized CPM capability shall 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 CPM scheduling techniques, or that the Contractor will employ 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 Engineer's written request at any other time, the Contractor shall submit the schedule and 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 because of "activities behind schedule." Such additional network diagrams and reports shall include a new arrow or precedence diagram and schedule reports conforming to the requirements of Subsection 2.6.8.7 of these Special Provisions, showing how the Contractor intends to accomplish the Work to meet the completion time specified. The form and method employed by the Contractor shall be the same as that required for the initial schedule submittal.
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2.6.8.5 Schedule Revisions. - The Contractor shall modify any and all portions of the construction schedule that become infeasible because of activities 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 behind schedule.

2.6.8.6 Change Orders. - Upon issuance of a Change Order or other Contract 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 interpreted to be generally as outlined in the Associated General 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 construction 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 between 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.

All construction activities and procurement shall be indicated in a time- scaled format and calendar scale shall be shown along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and completion days and free float time of said activity can be determined graphically by comparison with the calendar scale. All activities shall be shown using symbols that clearly distinguish between critical path activities 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 shall represent the single, best estimate considering the scope of the Work and resources planned for the activity. Except for certain non-labor activities, such as curing of concrete, paint drying, procurement, or delivering of materials, activity duration shall not exceed ten (10) working days [fourteen (14) calendar days] nor be less than one (1) working day, unless otherwise accepted by the Engineer.
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2.6.8.7.5 Schedule Reports. - Schedule Reports shall be prepared from the initial construction schedule and from all subsequent revisions of the schedule. As a minimum, Schedule Reports shall contain the following data for each activity:

1. Activity 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. Project 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 Schedule Monitoring. – At least once a month, and when specifically 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.
- END OF SECTION -
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SECTION 2.7 - RESPONSIBILITIES OF THE CONTRACTOR

2.7.1 LAWS AND REGULATIONS - The provisions of Subsection 5-1 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all its officers and employees connected with the Work, including, but not limited to, the Interim Director of Public Works and the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor or its employees. If any discrepancy or inconsistency is discovered in the Contract Documents for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall immediately report the same to the Engineer in writing
.

2.7.2 INSURANCE REQUIREMENTS - The insurance requirements set forth in Sections 5-4 of the Standard Specifications shall be replaced in their entirety by the following provisions of this Subsection:

2.7.2.1 Workers' Compensation and Employer’s Liability. - At its sole expense, Contractor shall procure, provide and maintain during the life of the Agreement and for any other such period as may be required to cover warranty periods or other claims arising from the Work, Workers’ Compensation Insurance and Employer’s Liability Insurance for all Contractor’s employees on the Project.

Workers’ Compensation Insurance shall be in the amount required by California law. Employers’ Liability Insurance shall be provided in amounts not less than $1,000,000 per accident, per employee for bodily injury or disease.

The Workers’ Compensation Policy shall be endorsed to contain a waiver of subrogation in favor of the City of Lynwood.

Contractor shall require all subcontractors to provide Contractor with evidence of Workers’ Compensation and Employer’s Liability Insurance which complies with California law and the provisions of this Subsection 2.7.2.1. Contractor shall provide City with copies of such evidence of insurance before commencing performance of any of the Work specified in the Contract Documents. 187
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2.7.2.2 Commercial General Liability Insurance. - At its sole expense, Contractor shall procure, provide and maintain during the life of the Agreement and for any other such period as may be required to cover warranty periods or other claims arising from the Work, Commercial General Liability Insurance against claims for injuries to persons, damages to property or such other liabilities as may arise directly or indirectly from Contractor’s operations, use and management of the Project site or the performance of the Work or any of Contractor’s obligations under the Contract Documents.

Contractor’s Commercial General Liability Insurance shall provide coverage at least as broad as ISO “Occurrence” form CG 00 01, including, but not limited to, coverage for the following: (1) premises and operations; (2) contractual liability, insuring the obligations assumed by Contractor under the provisions of any of the Contract Documents; (3) products and completed operations; (4) broad form property damage (including completed operations); (5) explosion, collapse and underground hazards; (6) bodily injury; (7) property damage; and (8) personal and advertising injury.

Policy limits shall not be less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate. If the policy includes a general aggregate limit, the policy shall be endorsed to state that the general aggregate limit shall apply separately to this Project, or the general aggregate limit shall be twice the required per occurrence limit. Defense costs must be paid in addition to limits and there shall be no cross liability exclusion for claims or suits by one insured against another.

The limits set forth in the paragraph above shall apply separately to each insured against whom claims are made or suits are brought except with respect to limits of liability. The limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City.

The City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers shall be named as additional insureds on the Commercial General Liability Policy using Additional Insured Endorsement form CG 20 10 11 85 or exact equivalent. This endorsement shall be attached to insurance certificates or contained in certified copies of policies.

2.7.2.3 Business Automobile Liability Insurance. At its sole expense, Contractor shall procure, provide and maintain during the life of the Agreement and for any other such period as may be required to cover warranty periods or other claims arising from the Work, Business Automobile Liability Insurance using ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto), or the exact equivalent. Limits shall be no less than $2,000,000 each occurrence, combined single limit for bodily injury and property damage liability, including coverage for (1) owned automobiles; (2) hired or borrowed automobiles; and (3) non-owned automobiles.
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The limits set forth in the paragraph above shall apply separately to each insured against whom claims are made or suits are brought except with respect to limits of liability. The limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City.

The City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers shall be named as additional insureds on the Business Automobile Liability Policy. This endorsement shall be attached to insurance certificates or contained in certified copies of policies.

2.7.2.4 Course of Construction / Builder’s Risk - Not Applicable to this Project.

2.7.2.5 Reserved.

2.7.2.6 Additional Required Insurance Endorsements.

2.7.2.6.1 All Policies. - In addition to the specific requirements set forth for the individual types of policies set forth above, all insurance policies required under the provisions of Subsection 2.7.2 shall be endorsed to contain the following provision:

This insurance policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of Lynwood. Such thirty (30) day notice shall be submitted to the City via certified mail, return receipt requested, and addressed to: City Engineer, City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262.

2.7.2.6.2 Commercial General Liability and Business Auto Liability Policies. In addition to the specific requirements set forth for the individual types of policies set forth above, the Commercial General Liability and Business Auto Liability policies required under the provisions of Subsection

2.7.2 shall be endorsed as follows:

The Contractor’s insurance is primary with respect to the City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers. Any insurance or self-insurance maintained by The City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

The subrogation condition as to the City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, 189
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representatives and volunteers shall be deleted, or must specifically allow the named insured to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers.

2.7.2.7 Acceptability of Insurers. - All insurance required by the Contract Documents shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and only with insurers that are admitted and authorized to do business in California as insurance carriers.

2.7.2.8 Verification of Coverage. - Contractor shall furnish the City with original certificates of insurance and original endorsements evidencing the coverage required by these specifications. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in form and substance satisfactory to the City and shall be furnished to the City Engineer within ten (10) calendar days of Contractor’s receipt of the Notice of Award, and approved by the City Engineer and/or the City Attorney before any Work commences. At the request of the City, the Contractor shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

2.7.2.9 Subcontractors. - The Contractor shall include all subcontractors as insureds under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements set forth in the various provisions of Subsection 2.7.2.

2.7.2.10 Other Required Insurance Provisions. - In the event any breach of any of the insurance provisions required under the Contact Documents, City may, at is sole discretion, procure and maintain at Contractor’s expense, the necessary insurance and may deduct the costs from any sum to which contractor is entitled or may become entitled under the Contract Documents.

No endorsement limiting or excluding a standard coverage is permitted and claims-made coverage or modified occurrence is not acceptable.

The cost of procuring and maintaining all insurance required by the provisions of Subsection 2.7.2 shall be included in the Contractor’s bid.

Pursuant to Section 7105 of the California Public Contract Code, Contractor shall not be responsible for cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an Act of God, in excess of five percent (5%) of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the plans and specifications of the City.
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Contractor shall obtain insurance to indemnify the City for any damage caused by an Act of God if the insurance premium is listed as a separate bid item in the Bid Schedule(s) for the Work. As used in this paragraph, an “Act of God” includes only earthquakes in excess of a magnitude 3.5 on the Richter scale, and tidal waves.

2.7.3 LABOR LAWS – The following provisions shall be added to Subsection 5-3 of the Standard Specifications:

2.7.3.1 Hours of Labor. - The Contractor shall comply with all applicable provisions of California Labor Code Sections 1810 to 1815, inclusive, relating to working hours. The Contractor shall, as a penalty to the City, forfeit $25.00 for each worker employed in the execution of the Work pursuant to the Contract Documents by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay. Upon notification by the Division of Apprenticeship Standards (the “DAS”) or the Division of Labor Standards Enforcement of the Department of Industrial Relations (the “DLSE”), the City shall withhold penalties due under this Subsection from the Contractor's progress payments then due.

2.7.3.2 Prevailing Wage. - As required by Section 1770 et seq. of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (the “Director”). Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site.

Pursuant to the provisions and exceptions set forth in Labor Code Section 1775, Contractor, and any subcontractor under Contractor, shall, as a penalty to the City, forfeit the sum of not more than $50.00 (actual amount of penalty to be determined by the Labor Commissioner pursuant to the provisions of Labor Code Section 1775(a)(2)) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract Documents by it or by any subcontractor under it. Upon notification by the DAS or the DLSE, the City shall withhold penalties due under this Subsection from the Contractor's progress payments then due. The difference between the prevailing wage rates and the amount paid to each worker for each calendar 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 the subcontractor.

Any contract executed between the Contractor and a subcontractor for performance of work under the Contract Documents shall include a copy of the 191
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provisions of Section 1771, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code.

2.7.3.3 Apprentices on Public Works. - Prior to commencing work, the Contractor shall submit to the City a copy of the information submitted to the applicable apprenticeship program(s) that can supply apprentices to the site of the Work. The information shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed.

Within 60 days after concluding the Work under the Agreement, Contractor and its subcontractors shall submit to the City a verified statement of the journeyman and apprenticeship hours performed on the contract.

2.7.4 OTHER PROVISIONS

2.7.4.1 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the California Civil Code, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under the Agreement as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the California Civil Code, said moneys shall not thereafter be withheld on account of such Stop Notice.

2.7.4.2 Retainage from Monthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Agreement. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Agreement has been satisfactorily completed until at least 35 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit.

2.7.4.3 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract.
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2.7.4.3.1 As required under Section 7104 of the Public Contract Code, any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 4 feet (1.2 meters) below the surface, shall be subject to the following provisions:

The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (1) Material that the contractor believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; and (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract Documents, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

2.7.4.3.2 In accordance with California Labor Code Section 6705, Contractor shall not commence any excavation over five (5) feet in depth until he/she has submitted to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during any such excavation and such plan has been accepted by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated. If such plan varies from the shoring system standards promulgated by the Department of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed and paid by the Contractor. Nothing in this Subsection shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. Nothing contained in this 193
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Subsection shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection.

2.7.4.4 Resolution of Construction Claims. - In accordance with Public Contract Code Section 20104 et seq. , and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following the statutory procedure:

1. All Claims: All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the Contract Documents. "Claim" means a separate demand by the Contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) an amount the payment of which is disputed by the City.

2. Claims Under $50,000. The City shall respond in writing to the claim within forty-five (45) days of receipt of the claim, or, the City may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the Contractor. The City's written response shall be submitted fifteen (15) days after receiving the additional documentation, or within the same period of time taken by the Contractor to produce the additional information, whichever is greater.

3. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within sixty (60) days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the Contractor.

If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the City and the Contractor. The City's response shall be submitted within thirty (30) days after receipt of the further documents, or within the same period of time taken by the Contractor to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge.

5. If the Contractor disputes the City's response, or if the City fails to respond within the times prescribed herein, the Contractor may so notify the City within fifteen (15) days of the receipt of the response or within fifteen (15) days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for a settlement of the issues in dispute.

Upon such demand, the City shall schedule a meet and confer conference within thirty (30) days.
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6. Following the meet and confer conference, if the claim or any portion thereof remains in dispute, the Contractor may file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the Contractor first submits its written claim pursuant to these provisions until the time the claim is denied as a result of the meet and confer process, including any time utilized for the meet and confer conference.

7. Submission of a written claim (with appropriate supporting documentation attached) signed by the Contractor, and a written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor.

2.7.4.5 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of Title 8 of the California Code of Regulations (Construction Safety Orders of the California Department of Industrial Relations) regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Agreement for completion of the Work as set forth in the Contract Documents.

2.7.4.6 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations. – Pursuant to Labor Code Section 1776, the Contractor and each 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 employee employed by him or her in connection with the Work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating that both (1) the information contained in the payroll record is true and correct; and (2) the Contractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

The payroll records enumerated in the first paragraph of this Subsection 2.7.4.6, shall be certified and made available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

A certified copy of an employee's payroll record shall be made available for inspection, or furnished to the employee, or his or her authorized representative on request.
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A certified copy of all payroll records enumerated herein shall be made available for inspection, or furnished upon request to a representative of the City, the DLSE and the DAS.

A certified copy of all payroll records enumerated herein shall be made available upon request to the public for
inspection, or for copies thereof. However, a request by the public shall be made through among the City, the DAS, or the DLSE. If the requested payroll records have not been provided pursuant to the preceding paragraph, 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, subject to the provisions of Title 8, Sections 16400 and 16402 of the California Code of Regulations. The public shall not be given access to the records at the principal office of the Contractor.

The certified payroll records shall be on forms provided by the DLSE or shall contain the same information as the forms provided by the DLSE. 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 DLSE forms and such printouts are verified in the manner specified in the first paragraph of this Subsection 2.7.4.6.

The Contractor and each subcontractor shall file a certified copy of the records, enumerated in the first paragraph of this Subsection 2.7.4.6, with the entity that requested the records within ten (10) days after receipt of a written request.

Any copy of records made available for inspection as copies, and furnished upon request to the public or any public agency by the City, the DAS, or the DLSE, shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the contract or performing the Work under the Contract Documents 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 provisions of Labor Code Section 1776(e) shall be marked or obliterated only to prevent disclosure of individuals’ names and social security numbers.

The Contractor shall inform the City of the location of the records enumerated under the first paragraph of this Subsection 2.7.4.6, including the street address, city and county, and shall, within 5 working days, provide a notice of any change of location and address.
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The Contractor or subcontractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting the certified payroll records set forth in in the first paragraph of this Subsection 2.7.4.6. In the event that the Contractor or subcontractor fails to comply within the ten (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 ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the DAS or the DLSE, these penalties shall be withheld from progress payments then due.

A copy of all certified payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate all apprentices and ratio of apprentices to journeymen. The payroll shall be accompanied by a "Statement of Compliance," signed by the employer or its agent, indicating that the payrolls are correct and complete, and that the wage rates contained therein are not less than those required by the Contract Documents. The "Statement of Compliance" shall be on forms furnished by the City, or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls from all subcontractors.

By the fifteenth (15th) day of the month, if the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City will retain an amount equal to ten (10) percent of the estimated value of the work performed during that month from the next monthly progress payment, except that such retention shall not exceed $10,000, nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be in addition to all other retentions provided for in the Contract Documents. The retention for failure to submit certified payrolls for any monthly period will be released for payment with the next progress payment made following the date that all the satisfactory payrolls for which the retention was made are submitted.

2.7.5 PERMITS – The following shall be added to the end of Subsection 2-2 of the Standard Specifications:

2.7.5.1 The following permit(s) shall be required for the Project:

1. Construction/Excavation Permit - City of Lynwood Department of Public Works

2. Business License – City of Lynwood Business License
Department
*The Contractor is required to obtain a “No-Fee” Construction / Excavation Permit from the City prior to commencing any work.
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SECTION 2.8 -- FACILITIES FOR AGENCY PERSONNEL
(NOT REQUIRED)
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SECTION 2.9 - MEASUREMENT AND PAYMENT

2.9.1 GENERAL

2.9.1.1 Payment. – The following shall be added to the end of Subsection 7-3.1 of the Standard Specifications as follows:

Payment for the various items of the Bid Schedule(s) shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, 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 jurisdiction over Contractor or the Work, including, but not limited to, the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA).

No separate or additional payment will be made for any item that is not specifically set forth in the Bid Schedule(s), unless approved and covered by a subsequent Change Order(s) issued in accordance with the provisions 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.

2.9.1.2 Progress and Final Payments. – Paragraphs 2 through 5 of Subsection 7-3.2. of the Standard Specifications shall be deleted in their entirety and the following substituted therefore:

In order to receive monthly progress payments for Unit Price 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 by the Contractor for the applicable Unit Price Bid Items listed in the Bid Schedule(s). 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.

In 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.
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When the entire Project has been satisfactorily completed, the Contractor shall submit its final billing invoice and required detailed attachment to the Engineer for the required verification and preparation of the final estimate.

Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated working days shown on the associated 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.

Subject 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 attachments 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.

Pursuant to the provisions of California Public Contract 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 subdivision (a) of Section 685.010 of the California 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 / payment 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 available 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 exceeds the seven (7) day return period set forth in the previous sentence.

The 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 and 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.

2.9.1.3 Release of Retention - The last paragraph of Standard Specifications Subsection 7-3.1 shall be DELETED and the following substituted therefor:

At the expiration of thirty-five (35) days after the Notice of Completion has been recorded by the City, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by 200
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properly executed and filed notices to stop payment, or as may be authorized by the Agreement to be further retained.

2.9.2 SCHEDULING, MEASUREMENTS AND PAYMENTS

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

Measurement for payment for Mobilization will be bas ed 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.

Payment for Mobilization will be made at the lump sum allowance named in the Unit Price Bid Schedule(s) under the Bid Item, “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. Obtaining and paying for all bonds, insurance, and permits.

2. Moving onto the site all Contractor’s plant and equipment required for first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities.

4. Establishing fire protection system.

5. Developing and installing a construction water supply per Subsection 3-12.5 of the Standard Specifications.

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

7. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, 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 specifications, including temperature and humidity control, if recommended by the manufacturer and for all security.

8. Arranging for and erection of Contractor’s work and storage yard. 201
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9. Posting all OSHA required notices and establishment of safety programs per Cal-OSHA and as required by Subsection 5-7 of the Standard Specifications.

10. Having the Contractor’s superintendent at the job site full time as required under Subsection 3-6 of the Standard Specifications.

11. 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.

13. Submittal of detailed Preliminary Construction Schedule for the Engineer’s approval within seven (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 the Engineer, within thirty (30) calendar days of the date of the Notice to Proceed. No payment for mobilization can be made until this has been approved and submitted.

15. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine per Section 2.8 of the Special Provisions.

16. Providing on-site communication facilities for the City and the Engineer, including telephones, radio pagers, and a FAX machine.

In addition to the requirements specified above, all submittals shall conform to the applicable requirements of the Standard Specifications.

No payment for any of the listed mobilization work items will be made until all of the listed items have been completed to the 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.

No additional amounts shall be paid for erosion control, Best Management Practices (BMP), erosion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.
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Best Management Practices (BMP) shall be defined as any program, technology, 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 environmental mitigation plans.

Additional BMPs may be required as a result of a change in actual field conditions, Contractor activities, or construction operation. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.

BMPs for Contractor activities shall be continuously implemented throughout the year and project time period. BMPs for erosion control and sedimentation shall be implemented during the period from October 15 to April 15, and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any Contractor activity or construction operation, which may produce run-off, and whenever run-off from other sources may occur.

The Agency (City), as a permittee thereto, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private 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 noncompliance with these provisions. In addition, the Agency will deduct, from the final payment due the Contractor, the total amount of any fines levied on the Agency, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

Payment for Mobilization shall be included in the Lump Sum (LS) price and shall include full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Lynwood; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work.

2 .9.2.3 Demobilization - Measurement for payment for Demobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the Demobilization items listed herein. 203
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Payment for Demobilization will be included the the price for the Bid Item, “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, no part of which will be approved for payment under the Agreement until all Mobilization items listed herein have been completed as specified. The scope of the work included under the Bid Item, “Mobilization” shall include but not be limited to the following principal items:

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

2. Complete clean up and remediation of all storage and staging sites.

3. Complete clean up and remediation, if required, of all haul routes utilized by Contractor’s vehicles.

4. Comply with all terms of the Construction Permit.

5. Submit complete “AS-BUILT” plans.

6. Complete the project punch list.

2.9.2.4 Sheeting, Shoring, and Bracing or Equivalent Method. - Temporary sheeting, shoring, and bracing, or equivalent method, shall be completed as required under the provisions of any permits and in accordance with the requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code.

Full compensation for temporary sheeting, shoring, and bracing, or equivalent method, will be considered as included in the payment for construction of sewer and no additional compensation will be allowed therefor.
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SECTION 2.10 - CONSTRUCTION DETAILS (MATERIALS AND METHODS)

TABLE OF CONTENTS
2 .10.1 General

2.10.2 Construction Materials

2.10.3 Construction Methods
______________________________________________________________________

2.10.1 GENERAL
Section 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 Specifications, or adds subjects not covered in the Standard Specifications.

2.10.2 CONSTRUCTION MATERIALS

2.10.3 CONSTRUCTION METHODS
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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
_________________________________
S
ECTION 3 – TECHNICAL PROVISIONS
S

TREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

IN THE CITY OF LYNWOOD
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STREET IMPROVEMENT PROJECT

WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE
STPL-5250(034)

TECHNICAL PROVISIONS
All Bid Items shall be in accordance with the Greenbook Standard Specifications for Public Works Construction (SSPWC) 2021 Edition and Standard Plans for Public Works Construction (SPPWC), Latest Edition including supplements, State of California Caltrans Standard Plans and Specifications, Latest Edition, and the Special Provisions and General Conditions of these specifications.
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PART 2

CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIAL
2 00-2 UNTREATED BASE MATERIALS
200-2.2 Crushed Aggregate Base.
200-2.2.3 Quality Requirements.

The minimum R-value requirement will not be waived.

SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
2 01-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements.
201-1.1.1 General.

The same brand type, source of cement, and aggregate shall be used for all Portland cement concrete per the approved submittal. 201-1.1.2 Concrete Specified by Class and Alternate Class.

Concrete for curbs, curb and gutter, ribbon gutter shall be Class 560-C-3250 with a 4-inch maximum slump.

Fly ash shall not be used.
201-1.2 Materials.
201-1.2.4 Chemical Admixtures.

1. Retarding Densifyer. The material shall be of the hydroxylated carboxylic acid type in liquid form and shall not entrain air or cause foaming. The retarding densifyer shall be used in strict compliance with the printed recommendations of the manufacturer. There shall be no reduction in the cement content of the concrete mix because of the addition of the retarding densifyer.

The admixture shall be such that its addition to the concrete mix will:
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a. Decrease drying shrinkage;
b. Increase compressive strength for all concrete strength for all concrete ages from 3 days to 1 year;
c. Increase flexural strengths, modulus of elasticity and abrasion resistance;
d. Increase the slump and placement workability;
e. Retard the initial set and increase the density; and f. Shall contain no calcium or tri-ethanolamine.

At the discretion of the Engineer, the Contractor may be required to submit proof that the admixture he proposed to use meets the foregoing requirements. Such proof shall be in the form of comparative tests of plain and admixture containing mixes performed by an acceptable local laboratory with testing based on use of the project materials and in accordance with the requirements of ASTM C 157. An approved admixture conforming to these requirements is plastiment retarding densifyer in liquid form.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.1 General. Contractor shall submit materials to Engineer for approval. 201-3.4 Replace the first paragraph with the following:

Type A Sealant shall be two component silicone sealant and shall be furnished and placed in accordance with Specifications for "Two Component, Machine Mixed, Type A Sealant" (State Specification 8030-61J-01). Submit two samples to the Engineer for approval.
201-4 CONCRETE CURING MATERIALS
201-4.1 Membrane Curing Compounds.
201-4.1.1 General.

Concrete curing compound shall be Type 2.

SECTION 203 - BITUMINOUS MATERIALS
2 03-6 ASPHALT CONCRETE
203-6.1 General.

Asphalt concrete material used for remove and replace repairs within the roadway shall be Class and Grade C2-PG 64-10.
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203-11 ASPHALT-RUBBER HOT MIX (ARHM).
203-11.2 Materials.

Add the following:

Contractor shall maintain a minimum quality control plans as follows:
a) Perform sieve analysis test Caltrans Test 202 on a sample taken immediately after 300 tons of production and every 500 tons thereafter. b) Perform binder content test Caltrans Test 382 on a sample taken immediately after 300 tons production and every 1,000 tons thereafter.

Tests shall be performed and completed without interruption directly after samples are procured at the production plant laboratory.

A copy of test results shall be provided to the Engineer immediately upon completion of each test or upon request thereafter if Engineer is not present at time of the test. Adjustments shall be made immediately if test results indicate a need for adjustment.
203-11.2.3 Crumb Rubber Modifier (CRM).
203-11.2.3.1 General.

Delete the first paragraph of Subsection 203-11.2.3.1 General of the Standard Specifications and replace with the following:

The material shall consist of a combination of scrap tire CRM and high natural CRM meeting the requirements of this subsection. Scrap tire CRM shall consist of ground or granulated rubber derived from any combination of automobile tires, truck tires or tire buffing. Whole scrap tire rubber shall be derived from scrap tires generated entirely within the State of California, and the certification of compliance shall so certify.

The high natural rubber shall be a single source material and not a blend of more than one source.

The high natural CRM and CRM rubber components shall not be pre- mixed prior to mixing with paving asphalt.

The percentage of high natural CRM shall be equal to 1000 divided by the percentage of natural rubber in the high natural CRM (using whole number percentages), e.g., 1000/40% equals 25 percent. The remainder of CRM shall be scrap tires.
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The maximum value for Natural Rubber Content in Table 203-11.2.3.1(B) is hereby deleted.

Delete the sixth (last) paragraph of Subsection 203-11.2.3.1 General of the Standard Specifications.
203-11.2.4 Aggregate.

Delete the text of Subsection 203-11.2.4 Aggregate of the Standard Specifications and replace with the following:

The aggregate for ARHM shall conform to the “quality requirements” for asphalt concrete Type A as specified in Caltrans Standard Specifications.

All aggregate used for ARHM shall be crushed aggregate.

Any change in source of aggregate supply requires 2 weeks advance notice in writing to the Engineer, and submittals and testing in conformance with specifications for a new mix design. No single bin shall receive aggregate from more than one source. Contractor shall provide a copy of aggregate delivery tickets for aggregate delivered for use on the project.
203-11.3 Composition and Grading.

Add the following:

Optimum binder content shall be based on Caltrans 367 procedure without modification using air voids of 4%. Once full compliance with specifications is established at 4% air voids, the binder content shall thereafter be increased to provide 3.5% voids to conform to the residential traffic in the project, all other factors being within specification.

Variations of percent air voids below the minimum specified will be cause to terminate paving operations until changes to conform to the specified percent air voids are demonstrated and approved by the Engineer.

The gradation ranges shown in Table 203-11.3, including the ¾” sieve range added herein, shall be considered the Contract Compliance Range.

The Operating Range for the ½” sieve shall be 94% to 99%. The Operating Range for all other sieves, except the 200 sieve, shall be 2 percentage points inside the Contract Compliance Range. If gradation test results do not meet the Operating Range requirements but meet the Contract Compliance Range, placement of ARHM may be continued for the remainder of the day. However, another day’s work shall not be started until tests, or other information, indicate to the satisfaction of the 211
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Engineer that the next material to be used in the work will comply with the requirements specified for Operating Range.
203-11.4 Mixing Asphalt and CRM.

Add the following:

The required mixing/reaction time is hereby modified to 75 minutes minimum. The minimum reaction period shall be the time from complete incorporation of materials into the mix to the time that the asphalt-rubber meets all specifications for reacted material. Reaction shall be considered complete only after the second of two viscosity readings taken 15 minutes apart is less than the first. The Engineer’s decision shall be final for determination of the minimum reaction period.

All material shall be tested for viscosity and verified as to complete reaction prior to transfer to any storage tank or use of the reaction tank for feed to the hot mix plant. Material reacted lower than specified temperature, but above 185 degrees C (365 F), or transferred to a storage tank prior to completion of reaction as specified, shall be reacted for a total period of 3 hours prior to use. Any such transfer shall be described in the comments column of the Asphalt Rubber Batch Log.

Each batch of binder shall be tested for viscosity after the minimum reaction time has passed and the following information shall be recorded:
• Temperature of stored asphalt cement material at time of loading • Time at which the reaction tank is fully loaded
• Tons of asphalt rubber added to the tank for the batch • Total asphalt rubber in the tank after loading
• The beginning time of reaction (Fully loaded and above 375° F) • Binder temperature at time of sampling
• Temperature of tested material
• Viscosity reading
• Time of viscosity test (All test results must be completed prior to use.)
A copy of the Asphalt Rubber Batch Log shall be provided to the Engineer upon request. A copy of the batch log sheet and all circle charts for the day shall be faxed to the Engineer within 12 hours of ending production of ARHM for the day.
(A log sheet form will be provided at the preconstruction meeting.) Construction shall be considered unauthorized until Contractor has faxed the log to the Engineer as arranged at the preconstruction meeting and has in his possession a fax confirmation sheet with a time and date 212
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conforming to specification. Under any circumstances, Engineer must be contacted for clearance to pave.
203-11.5 Equipment for production of Asphalt-Rubber.

Add the following to Item C) of 203-11.5:

Reaction Tank. The asphalt-rubber material shall be held in a reaction tank separate from the storage tank feeding the ARHM plant, until the reaction is complete. The reaction tank shall have agitation sufficient to increase the viscosity of the mixture to a peak viscosity reading at least 20 percent higher than the viscosity reading of the material measured at a time that the material otherwise meets specifications for reacted material.

The time of reaction may be extended as needed to produce this result. It shall be the responsibility of the Contractor to demonstrate to the Engineer through viscosity readings at appropriate times that the equipment conforms to these requirements. If this cannot be demonstrated, the reaction time shall be 3 hours. Once established, the reaction time shall be the minimum time for reaction unless there are changes in materials or equipment, in which case a new reaction time shall be established per specifications. The Engineer's decision shall be final.

The reaction tank shall have a functioning paper circle chart thermometer device, which shall record tank temperatures whenever asphalt rubber is in any stage of production. Seven days before production of asphalt rubber starts, the Contractor shall provide the Engineer approximately double the number of charts estimated to be needed to produce the necessary binder quantity. These charts will be numbered and signed by the Engineer and returned to the Contractor prior to start of production.

These signed and numbered charts shall be used throughout production of the asphalt rubber binder. Charts shall be used in the consecutive order as numbered by the Engineer beginning with number one, and shall be returned weekly after use to the Engineer. Charts will be identified with the date they were used by the Contractor at time of installing on the equipment, and shall be identified as to the tank to which they were attached. Production of asphalt rubber shall be terminated if this procedure is not followed and will not be restarted until Contractor demonstrates to the Engineer that it is capable of complying with this requirement.

At the start of each production day, the paper chart shall be replaced with a new signed, dated and numbered sheet, the lead scribe shall be sharpened or ink well filled, and the circle chart shall be calibrated against a sample of material drawn early from the first batch of the day. Any calibration adjustments shall be recorded in the appropriate space provided on the batch log sheet. A spare functional circle chart device shall be at the plant at all times for immediate installation should failure 213
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occur on a circle chart device being used. Calibration shall be performed as part of such installation. The lack of a functional circle chart device on the reaction tank shall be cause to terminate production of asphalt rubber binder. A blunt lead scribe or low ink, or a paper chart used on a prior day will be considered to render the device non-functional.

Storage Tank. After a complete reaction is verified by viscosity readings acceptable to the Engineer, the material shall be held in a storage tank that is fully isolated from material that is not fully reacted. This tank shall be the only tank feeding the ARHM plant. No material shall be transferred to the storage tank feeding the plant until reaction is complete in the reaction tank.

SECTION 207 - GRAVITY PIPE
207-8 Vitrified Clay Pipe (VCP). Section 207-8.1 General is modified as follows:

All vitrified clay pipe and fittings shall be the type designated as "extra strength."
207-8.2.1 General. The words "extra strength" or the symbol "E’S" shall be clearly marked on all pipe and fittings to identify the class of pipe. 214
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SPECIAL PROVISIONS
PART 3

CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
3 00-1 CLEARING AND GRUBBING
300-1.1 General.

Subsection 300-1.1 General is amended by adding thereto the following paragraphs:

Tree removal shall include grinding stumps and associated roots to the diameter of the trunk at existing grade and to 3-foot depth below existing grade. Grindings shall be removed from this 3-foot hole. The hole shall then be filled with soil and compacted to 95-percent relative compaction. 300-1.2 Root Pruning and Tree Trimming.

Subsection 300-1.2 Root Pruning and Tree Trimming is amended by adding thereto the following paragraphs:

All the root pruning required to place or replace walks, or other permanent facilities shall be limited to the minimum amount necessary to set forms.

All roots 2 inches and larger shall be cut with sharp tool such as axe or chainsaw. No roots shall be broken off by trenching or other heavy equipment.

No root shall be removed within five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade without the express written permission of the City. Any such root removed without the City’s written permission may create a hazardous condition for which the Contractor shall be liable.

Should the Contractor create a hazardous condition in the sole judgment of the Engineer the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense.

All significant root pruning (3-inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the Contractor’s employ.
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300-2 UNCLASSIFIED EXCAVATION
300-2.1 General. Unclassified excavation shall consist of all excavation, including roadways, bituminous pavement, and concrete pavement, curb, walk, gutters, cross gutters, driveways, and access ramps, unless separately designated. Removals shall be in accordance to Section 401 Removals.
300-2.9 Payment.

Payment for unclassified excavation performed as part of the work for “remove and construct” bid items shall be paid for as part of the work for that item, and no additional compensation will be allowed.

Payment for Unclassified Excavation shall be paid at the contract price per cubic yard (CY) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, and incidentals for the unclassified excavation and no additional compensation will be made therefor.

SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND

PLACEMENT OF BASE MATERIALS
3 01-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction. The first paragraph of Subsection 301-1.3 of the Standard Specifications is hereby deleted and replaced with the following:

When pavement is to be placed directly on subgrade material, the top 6 inches (150 mm) of subgrade material shall be compacted to a relative compaction of 95 percent. When base or subbase material, curb, gutter alley pavement, driveways, or sidewalk are to be placed on the subgrade material, the top 6 inches (150 mm) of such subgrade material shall be compacted to a relative compaction of 90 percent.

After compaction and trimming, the subgrade shall be firm, hard, and unyielding.
301-2 UNTREATED BASE
301-2.4 Measurement and Payment is amended by adding thereto the following paragraphs:

Measurement and Payment for Construct 6-Inch Thick Aggregate Base Over Compacted Native shall be per cubic yard (CY) of aggregate base 216
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compacted in place within the limits and the dimensions shown on the Plans and shall include but not limited to furnishing all labor, tools, material, equipment, grading and compaction of subgrade, hauling, and incidentals for doing all work involved in construction of this item to the lines and grades shown on the plans, and no additional compensation will be allowed therefore.

SECTION 302 - ROADWAY SURFACING
3 02-5 ASPHALT CONCRETE PAVEMENT
Subsections 302-5.1 General is hereby amended thereto by adding the following paragraphs:

Cracks, joints, and holes to be filled shall be cleaned after cold milling.

AC for AC pavement repairs and for PCC pavement repairs shall be placed the same day as removals are performed.
302-5.1.1 Preparation Crack Treatment is hereby amended thereto by adding the following:

A singular crack shall be considered to be a crack on the perimeter of an otherwise uncracked asphalt pavement area, a pavement block, exceeding 4 feet in minimum dimension. Such pavement area is defined by the cracks forming its perimeter. If asphalt concrete pavement is being constructed directly upon an existing asphalt concrete pavement: 1) Contractor shall spray all weeds in cracks with an approved herbicide, such as brand Roundup, a minimum of 1 week prior to paving. All weeds shall be resprayed if rain occurs within 48 hours after application; 2) all holes and cracks exceeding 1.5 inches deep by 5 inches wide by 7 inches long in all 3 dimensions shall be cleaned, tacked and filled with temporary 3/8” (cutback) asphalt concrete compacted level with the top of the existing pavement; 3) all cracks and holes with weeds shall be routed clear to a depth of one-inch; 4) All cracks and joints 1/4 inch or greater in width shall be blown clear with high pressure air; and 5) all singular cracks and joints shall be filled with Crafco Polyflex Type III or equal. Crack and joint filling shall utilize a banding type applicator (Crack banding machine or equivalent) or a “shoe” attachment on a wand, capable of spreading a band 2 to 3 inches wide over the crack, while at the same time striking off the crackfiller at a uniform thickness between 3/32 and 5/32-inch. Thickness shall not exceed 5/32-inch, but if so, crackfiller shall be reheated and replaned to the specified thickness by a method approved by the Engineer.

To ensure awareness of the specification by crackfill crew, the foreman on the crackfill work shall fill out the following certificate, 217
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have the certificate at the site of the work, and present the certificate to the inspector on request.

All crack preparation shall be performed after cold milling, and cracks in cold milled areas.

Engineer shall be notified in writing 24 to 48 hours prior to performing crack filling.

Contractor shall seal the largest singular cracks in the quantity specified below for each street segment listed herein respectively, within 15 percent above or below that amount. Quantities more than 15 percent above the amounts shown will not be paid without written authorization from the Engineer. Actual lineal footage sealed will be paid at the bid item price, subject to these provisions.

STREET LIMITS TOT. CRK
LG

CRACKFILL CREW - CERTIFICATE OF PROCEDURES
***No work shall begin without this certificate on site, signed by the foreman.*** As the on-site supervisor of the crackfill crew, I hereby certify that I am aware of and will provide for proper labor and equipment for the work as specified: " capable of spreading a band 2 to 3 inches wide over the crack, while at the same time striking off the crackfiller at a uniform thickness between 3/32 and 5/32-inch thick." I also certify that I have verified that the crackfill material is the same material shown on the Certification of Compliance, or is the precise product identified in the specifications: Crafco Polyflex Type III
Print Name:

Signed Date
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STREET LIMITS TOT. CRK
LG
TOTAL
3 02-5.4 Tack Coat.

The tack coat shall be applied as specified in Subse ction 302-5.4 of the Standard specifications and these Special Provisions. The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 50° F in the shade. Whenever pavement surface temperatures exceed 120, a small test section shall be applied approximately 30 feet in length to gauge setup time for the tack to not stick to truck tires. The setup time shall be recorded. Paving, material delivery and tack coat placement must be coordinated and scheduled to provide that tack is setup before placing trucks on the tacked area. Pavement surface temperatures shall be monitored and additional test sections shall be performed to revise the paving operation as conditions change. Upon occurrence of tracking of tack coat, paving shall cease, except remaining material in the hopper shall be used, and the tack shall be allowed time to setup.

On all vertical joins of AC patching, apply SS-1H tack coat uniformly in two coats of .20 gallons per square yard each with full “break” in between, or .20 gallons per square yard PG 64-10 uniformly in one coat. Tack coat shall not be applied when the temperature of the surface to be backed is below 60° F in the shade.

Tack coat shall not be applied until preparation of the existing surface has been completed and thoroughly cleaned, and then only so far in advance of placing the overlay as permitted by the Engineer. Tack coat shall not be left exposed overnight. Immediately in advance of placing the overlay, additional tack coat shall be applied as directed by the Engineer, to areas where the tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation will be allowed for such work.

Paving of overlay shall not proceed until the tack coat has stiffened sufficiently to not stick to truck tires.

Existing concrete curb faces and all concrete not to be overlaid shall be protected against disfigurement from the tack coat. Residue of tack coat material shall be removed from curb faces by sandblasting to return the concrete to its original condition unless otherwise directed by the Engineer.
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Excessive tracking of tack coat onto adjacent pavements will require immediate clean-up. If significant amounts of paving asphalt are traced onto existing adjacent pavements, the contractor shall clean it off to the satisfaction of the Engineer or provide a slurry seal to restore the pavement at their own expense.
302-5.5 Distribution and Spreading. Contractor shall provide 20-foot long automatic screed control on both sides of the paving machine for all paving with paving machine, as directed by Engineer.

The asphalt concrete as delivered shall be deposited directly into the hopper of the spreading and finishing machine. Truck transfer and bottom-dump trucks are not allowed.

Each paving machine used will require a paving foreman for each machine along with a full set of rollers as specified and two rakers and one shoveler laborer at a minimum.
302-5.6 Rolling. Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint.

Rubber tire rollers shall be used on any leveling course.

Three rollers shall be provided for installation of AC greater than 181 tonne (200 tons) per hour, regardless of thickness.
302-5.7 Joints. Join lines between successive runs shall be within 6 inches of lane lines or center of street or a minimum of 14 feet outside of the outer most lane line or center of street, or 5 to 6 feet from a lane line or center of street and within a lane. The joint pattern for all pavement layers shall be submitted in writing to the Engineer for review and approval 2 weeks in advance of the first lift of pavement to be placed. No exceptions to the specified requirements for joints shall be anticipated, and the Engineer’s decision shall be final.
302-5.9 Measurement and Payment.

Measurement and payment for Construct 4-Inch Thick AC Pavement shall be at the contract price per ton (TN) and include full compensation for all labor, materials, tools, equipment, hauling, and incidentals required to construct AC pavement to the lines and grades shown on the plans.

This bid item will include furnishing the material, placement, compaction, prime coat, tack coat, asphaltic emulsion coating on vertical surfaces to abut the new pavement, and all other work required to result in an asphalt pavement meeting the requirements of the specifications. 220
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302-9 ASPHALT-RUBBER HOT MIX (ARHM).
302-9.1 General.

Subsection 302-9.1 General is hereby amended thereto by adding the following paragraphs:

All PCC surfaces, to be crossed by trucks used to haul ARHM, that are within 500 feet of the work limits shall be covered with sand or other durable covering prior to applying tack coat.

Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide miscellaneous cleanup of ARHM spoils as directed by the Engineer.

Power brooms used ahead of paving operations after acceptance of cold milling shall only sweep areas that are accepted as completed for cold milling. Power brooms shall not be operated more than 80 percent full of sweepings. Power brooms that have swept areas not accepted as completed for cold milling shall not enter onto areas that are accepted as completed for cold milling
302-9.3 Distribution and Spreading.

The temperature of ARHM shall be high enough upon delivery that pavement temperature after two passes with the breakdown roller exceeds 290 degrees Fahrenheit (143 degrees Celsius).

To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal.

Diesel fuel will not be allowed on the project at all for oil down of any equipment.

Raking of ARHM shall be eliminated as much as possible. ARHM material shall not be cast across the mat under any circumstance. Raking shall be just enough to set up edges for uniform joins without casting material.

Screed controls shall be the predominant means of controlling material at joins. In areas where paving machines cannot be used due to space constraints, material shall not be thrown by shovels. Material shall be removed directly from the paving machine hopper and shall be placed directly in its final location, to be distributed with minimal raking. Material may be dumped directly from a truck, but further material distribution shall be by shovel directly to its final location with minimal raking. A small rubber tire tractor with a screed type attachment may be used to spread a pile dumped from a truck, but raking shall be minimized after spreading. 221
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The paving machine screed shall not be pulled across an area already paved with ARHM, even adjacent to narrow areas to be paved. Such narrow areas shall have ARHM distributed by methods specified by shovel or rubber tire tractor, unless the adjacent area has hardened enough and will not be significantly marred by passing the screed over it. Even if hardened adequately, Contractor shall spread rock dust by hand tools to avoid cohesion of the ARHM in the screed to the existing surface of such areas of freshly cured ARHM.

Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. The infrared device shall be correlated by thermometer to the actual mat temperature prior to use. The correlation difference shall be applied to all readings thereafter.

Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer.

Inaccessibility of a heat measurement shall be cause for termination of paving operations.

Transverse cold joints shall be provided such that longitudinal joints are not left exposed at the end of the workday.
302-9.4 Rolling.

Initial breakdown rolling shall be vibratory. Rolling in vibratory mode shall not be performed after ARHM material temperature falls below 290 degrees F (143 degrees C), due to disturbance of the bonds beginning to set up in the binder at lower temperatures.

An intermediate roller of the same or greater width than the breakdown roller shall be rolling directly behind the breakdown roller at all times, and paving shall cease if intermediate rolling is terminated for any reason.

Additional intermediate rollers may be necessary depending on production rates.

Once a rolling pattern is elected by Contractor, the rolling pattern shall remain consistent, unless conditions change and/or a modified rolling pattern is needed to conform to specification.

All finish rolling shall be performed by a separate finish roller.

To ensure optimum quality control, the use of more than one paver will require notification 3 days in advance to the Engineer, and will generally require one foreman, one sweeper, and a full complement of rollers per Subsection 302-5 of the Standard Specifications and this Subsection 302-

9.5 for each paving machine.
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An extra breakdown roller shall be on site at all times, free of defects. 302-9.4.1 Density and Smoothness. Density and smoothness shall conform to Subsection 302-5.6.2, except the second and third paragraph of Subsection 302-5.6.2 shall not apply to ARHM.

The compaction after rolling shall be 95 percent of density obtained with the California Kneading Compactor, California Test 304 as modified and measured in conformance to this Subsection 302-

9.4.1. The field density of compacted ARHM shall be determined by:
1) A nuclear asphalt testing device, calibrated in conformance with California Test 375, except as modified in this Subsection 302-

9.5.1, in the field designed to measure the density of pavement of the thickness being constructed; or
2) Core with density determined as follows:
a) Saw the ARHM lift of pavement from the top of the core approximately perpendicular to the axis of the core, just above any underlying pavement or as necessary to obtain a clean flat surface at the bottom of the sample.
b) Clean and dry the sample as described in ASTM 1188.
c) Perform California DOT Test 308 Method A step a.
d) Prior to proceeding to steps 308A b., 308A c., 308A d. and 308A e., place the core, top surface down, firmly into a flat pan of hot liquid paraffin approximately 1/4 inches deep. Allow the sample and paraffin to cool to firm solid state and remove the sample from the pan by cutting around the perimeter. Trim the edges of paraffin parallel to the side of the sample cylinder, and weigh the cylinder to obtain:

G = Mass in grams of level sealed paraffin-treated specimen in air. e) Perform 308A b., 308A c., and 308A d on the sample from D) above.
f) Complete the remainder of Test 308A, except replace the formula in 308A e. with the following: Bulk Specific Gravity = A
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(D – E) – (D – G) / F
I
n case of dispute, 1) shall be used, except Contractor may elect to use 2), but all costs for such procedures shall be borne by the Contractor to provide the full set of coring, tests and documentation in conformance with the Standard Specifications, except all test methods shall be modified as specified in these Special Provisions.

Also, Contractor shall notify the Engineer at least 3 days in advance of coring operations, and immediately after core testing is complete Contractor shall deliver cores to the Agency for verification.

Nuclear test procedures, including correlation with core densities, shall be in conformance with California Test 375, except as follows:

If a test section is placed and compacted for that purpose, rolling shall be provided as follows: 1) 2 passes with a vibratory breakdown roller above 290 degrees F; and 2) 4 passes with a static roller above 200 degrees F. Core locations for correlation with cores shall be selected based on appearance of relatively tight surface texture, and the test strip shall be selected on this basis. If a test location is determined to have a significantly open texture relative to other areas within the test strip, the location shall not be used. This selection criteria are not to be considered significant to the outcome of, but only as a guideline towards obtaining samples that are relatively well compacted to yield results with minimum standard deviation. The locations shall be well clear of grade breaks and joints. One core centered on the gauge will be used instead of two at each location. Use method 2) in this Subsection 302-9.5.1 to determine density of cores. Surface voids shall not be filled with sand.

Contractor will be notified in writing at least 5 days in advance of such correlation testing and will be invited to have a nuclear gauge onsite to correlate a second gauge. If not independently calibrating at that time, Contractor shall bear the full expense of performing correlation for his nuclear gauge under the specified procedures, but shall notify the City 5 days in advance of such correlation testing, such that the City can correlate with the Contractor’s gauge, if Contractor disagrees with City’s test results.

TABLE 302-9.5.1A

REDUCED COMPENSATION FACTORS
Relative
Compaction
(Percent)
Reduced
Compensation
Factor
Relative
Compaction
(Percent)
Reduced
Compensation
Factor

95.0 0.000 93.4 0.062
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94.9 0.002 93.3 0.068

94.8 0.004 93.2 0.075

94.7 0.006 93.1 0.082

94.6 0.009 93.0 0.090

94.5 0.012 92.9 0.098

94.4 0.015 92.8 0.108

94.3 0.018 92.7 0.118

94.2 0.022 92.6 0.129

94.1 0.026 92.5 0.142

94.0 0.030 92.4 0.157

93.9 0.034 92.3 0.175

93.8 0.039 92.2 0.196

93.7 0.044 92.1 0.225

93.6 0.050 92.0 0.300

93.5 0.056
3 02-9.4.2 Compaction Payment Reductions.

Based on laboratory tests on AC pavements revealing a highly significant loss of life span for each 1 percent reduction of compaction, and the well known catastrophic effect of oxidation and stripping of asphalt products due to interconnected voids that develop below 95 percent compaction, and the extreme expense of removing and replacing pavement not compacted to the specified minimum, a nominal deduction of payment will be applied for under- compacted ARHM pavement. The bidder in submitting a bid fully accepts the provisions in this Subsection 302-9.5.2 and agrees that the nominal payment deduction is acceptable and reasonable for these purposes.

Payment reductions will be applied to ARHM compacted less than 95 percent of maximum density, the specified minimum, and greater than 91.9 percent of the maximum density based on nuclear testing with Part 3 Test Site Selection of California Test 375 modified as follows:

A lot will be one day’s production or other lesser area of paving as determined by the Agency to be deficient in terms of compaction, and a pull will be the width between joints or edge of pavement as the lot is placed.

Test site selection will conform to California Test 375 Part 3, except the number of tests shall be the area of the lot in square feet divided by 400 and any test site within .5m of a grade break or pavement joint shall be relocated laterally towards the center of the pull to .5m from such joint or grade break.
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The mathematical mean average of percent of maximum density represented by all these tests shall be calculated, except any test results outside of this mean plus two standard deviations based on all tests, shall be rejected. The mean average shall be calculated directly from the remaining values. A compensation reduction in conformance with Table 302-9.5.1A will be applied to the contract unit price for ARHM for material within any lot determined to be below minimum relative compaction, except any lot with tests indicating compaction 91.9 percent or less shall be removed and replaced at Contractor’s expense.
302-9.7 Rock Dust Blotter.

Lack of uniformity of application of rock dust shall be cause to terminate paving operations. Rock dust blotter shall not be applied until intermediate rolling is complete, except as approved by the Engineer based on a fine uniform layer of rock dust, or at major intersections and access points. 302-9.9 Payment.

Payment for Construct 2-Inch ARHM Overlay shall be paid at the contract price per ton (TN) and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, tack coat, and other incidentals for doing all work, complete, and in place, involved in constructing ARHM overlay and crack sealing as indicated in the contract documents and no additional compensation will be allowed therefor.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
3 03-5 CONCRETE CURBS, WALKS, GUTTERS, AND CROSS GUTTERS,

ACCESS RAMPS, AND DRIVEWAYS
303-5.1 Requirements is hereby amended thereto by adding the following paragraphs:.
303-5.1.1 General. Concrete areas behind sidewalks, driveways and right-of-way shall be considered as walks. The Contractor shall protect all new concrete installations from damage by others (subcontractors or the general public such as, blemishes, water stains, stress cracks, graffiti markings, etc.). The removal and replacement of damaged concrete work shall be performed and no additional cost to the Agency (City). Concrete sidewalk shall be a minimum 4” thick over native soil compacted to a minimum of 95% relative compaction per the Standard Plans for Public Works Construction 112-2 and 113-2.
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Actual limit of concrete removal shall extend to nearest score mark or joint, if nearest score mark or joint is within 3’ limit of removal.

Residual from any saw-cutting shall be removed by vacuum. The downstream drain inlet shall be protected. In no case shall the residual be allowed to enter the storm drain system.

Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete sidewalk is constructed. The exact location of sidewalk removal shall be approved by the City Engineer in the field. Generally, sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete sidewalks shall be to the lines as required by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

It is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per section 300-1.2. All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation.

Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the City Engineer.

Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Unless otherwise specified, soil in subgrade for curb and gutter shall be compacted to a relative compaction of ninety-five (95) percent in the top six (6) inches of subgrade.

Detectable warning surface (truncated domes) for curb ramps shall be Cast-in-Place System per Armor Tile Part No. ADA-C-3648 or approved equal, unless otherwise noted. Color shall be yellow. 303-5.9 Measurement and Payment
Payment for Remove and Construct Curb and Gutter Per
SPPWC Std Plan 120-2 (type per plan and bid schedule) shall be paid at the contract price per linear foot (LF) and shall include 227
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full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, slot pavement, disposing, and incidentals for the removal and construction of curb and gutter per SPPWC Std Plan 120-2 complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Alley Intersection per SPPWC Std Plan 130-2 shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, and incidentals for the construction of ally intersection complete in place and no additional compensation will be made therefor.

Payment for Remove and Construct Residential Driveway per SPPWC Std Plan 110-2, Type B, Match Width to Existing shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, slot pavement, disposing, and incidentals for the construction of driveway complete in place and no additional compensation will be made therefor.

Payment for Install Truncated Domes per SPPWC Std Plan 111- 5 shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the installation of truncated domes and no additional compensation will be made therefor.

Payment for Remove and Construct Curb Ramp per SPPWC Std Plan 111-5, Case A, Type 1 shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, slot pavement, disposing, compaction, detectable warning surface, and incidentals for the removal and construction of curb ramp and no additional compensation will be made therefor.

Payment for Remove and Construct Curb Ramp per SPPWC Std Plan 111-5, Case D, Type 1 shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, compaction, detectable warning surface, slot pavement, and incidentals for the removal of existing sidewalk and construction of curb ramp and no additional compensation will be made therefor.
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SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION
30 6-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES.
306-2.7.3 Temporary Bypasses. Add the following;
Contractor shall be required to provide continuous water service to the customers serviced by the water lines throughout the project.

Where a temporary suspension of service is required to tie in the new water line into the existing line. Contractor shall provide a written notice of the affected residents a minimum of one week prior to the shutdown. The notice should include the time when the water service will not be available. Water service suspension shall only be during the normal working hours for the project and service must be restored prior to the end of each working day.

The Contractor shall implement a Sewer Bypass Plan per Section 3-12.5.2 Sewage Bypass and Pumping Plan and these special provisions.

Mainline Flows. The Contractor shall be responsible for continuity of sanitary sewer service to each connected facility during execution of the work. Prior to any work on the City’s sewer collection system, including but not limited to work on mainlines, force mains, manholes or connections to trunk sewer pipelines, the Contractor shall prepare and submit to the Engineer for approval a comprehensive Sewer Bypass Plan (SBP) detailing the exact methods and procedures to be used for full flow diversion. The SBP shall include, but not be limited to, the following elements:
• Written procedures for bypass operations, including
a
pproximate peak flows.
• Specific location and configuration of pumping equip ment for each bypass.
• Approximate pipe alignment for each bypass including vehicle access provisions.
• Whether pumping configuration plans provide for auto matic flow regulation or continuous monitoring by the Contractor. The Engineer may require that the pumping system be continuously manned during operation. The SBP shall specify that the operator of the pump is qualified, as determined by the Engineer.
• Shop drawings for the bypass piping system and pump(
s)
indicating peak bypass capacity.
• The location of nearby storm drain inlets and metho d s and configurations of covering and sandbagging these drainage 229
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facilities to ensure that in the event of a sewer spill, no sewage enters the storm drain system or exits the immediate vicinity and is instead collected by portable pumps.
• Provisions for stopping work and/or providing additional standby pumping capacity if significant abnormal rainfall occurs or is predicted during the Contract period.
• Methods for expediting the construction to minimize pumping time.
• Spill response and notification procedures including 24-hour emergency phone numbers.

The Contractor shall base its full flow bypass system design on expected flow data and shall clearly indicate the rated bypass pumping capacity proposed. The primary bypass system shall be designed to handle 120% of the peak flow. A “backup” bypass pumping system shall also handle 120% of the peak flow. Both systems shall be combined for immediate switch over for emergency or testing. The pumping bypass system shall be manned continuously by an experienced operator while it is in operation as required by the Engineer. A minimum of 8 hours of emergency fuel storage is required on-site. When first in operation, the pumping system shall be tested in the presence of the Engineer.

The approved SBP shall remain on-site during all portions of the work. Specific notification requirements and procedures shall be confirmed at the project pre-construction meeting.

The Contractor is solely responsible for any releases of raw sewage due to failure of any component of the bypass pumping system, including backup containment measures. The Contractor shall reimburse the City for any and all costs such as assistance in cleanup and traffic control in case of sewer spill in conjunction with this work, fines by other government agencies and water quality testing costs.

The cost for preparation and implementation of the SBP shall be included in the bid item for sewer bypass system, and no additional compensation shall be provided therefor.
306-2.7.3.1 Sewer Lateral Flows. The Contractor shall control intermediate sewer lateral flows, to the extent possible, by notifying all residents or businesses connected to intermediate laterals of intended hours of work in the area, and of the need to curtail water usage during those hours. The Contractor shall notify residents and businesses in writing at least forty-eight (48) hours before proceeding with any work that might require restricted water usage and shall inform the local water district of such notification. The water closure 230
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and notice must be approved by the Engineer prior to distribution.

The Contractor shall arrange for water meter closures, if approved by the Engineer, to control intermediate lateral flows.

In case sewer service to a residence or business cannot be shut down, bypass pumping will be necessary. This may be performed by pumping sewage through individual private property sewer cleanouts.

If there is no accessible on-site sewer cleanout, the Contractor shall construct an accessible sewer cleanout along the existing sewer lateral, or pump sewage to the nearest downstream manhole, as approved by the Engineer. The Contractor shall not disrupt sewer flow for any restaurant, hotel, or major business facility having a fairly continuous sewage discharge, as determined by the Engineer. For any laterals with flows exceeding ten (10) gallons per minute, the Contractor shall prepare a SBP as described in Subsection 306-

2.7.3. If a sewage backup occurs and enters buildings, the Contractor shall be responsible for cleanup, repair, property damage and other related costs.

Contractor must maintain driveway access during the installation of sewer laterals.
306-3 TRENCH EXCAVATION
306-3.1 General. Add the following:

All tunneling shall be backfilled with 1-1/2 sack slurry.

Excavations for appurtenant structures, such as but not limited to manholes, transition structures, junction structures, vaults, valve boxes, catch basins, thrust blocks, and boring pits shall, for the purpose of shoring and bracing, be deemed to be in the category of trench excavation.

Excavation shall include the removal of all excess excavated materials and all water and materials of any nature, which interfere with the construction work.

When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined without excavation, the Contractor shall excavate and expose (pothole) the existing improvement at the location shown on the Plans. If the Engineer deems it necessary, other locations as specified within the project limits shall also be excavated and exposed. Such excavation shall be performed as a separate independent operation prior to start of any of the 231
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construction for the project and considered as part of the excavation necessary for the work. All cost of mobilization for potholing as such a separate operation shall be included in the prices bid for pipe construction.

The Engineer shall be given the opportunity to inspect the existing improvement when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the Plans shall be made.

Mobilization for the remainder of project construction shall be performed only after Engineer provides necessary design adjustments.

Removal and replacement of curb or curb and gutter shall be minimum 8 feet in length and shall span to any existing crack or joint within 8 feet of the minimum length span. If joins between existing and replaced spans are made with a dowel epoxied in place or with an epoxy joint, then the existing adjacent minimum length to crack or joint may be reduced to 3 feet.
306-3.3 Removal and Abandonment of Existing Conduits and Structures.

Add the following:

When in the course of the work it is necessary to remove any interfering existing facilities (sewer pipelines, etc.) they shall be removed in their entirety and disposed of in accordance with the waste materials classification within which they are categorized. When such removal of existing facilities results in voids and/or disruption of the supporting subgrade upon which the new constructed materials are to be placed, suitable material shall be placed and compacted to a relative compaction of 90 percent.
306-3.5 Maximum Length of Open Trench. The first paragraph is hereby replaced with the following:

Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is to be placed shall be the distance necessary to accommodate the amount of pipe installed in a single day. This distance shall be defined as the total length at any location of open trench excavation, pipe laying and appurtenant construction, and backfill over which temporary resurfacing has not been placed.
306-4 SHORING AND BRACING
Within this section the term ‘Department’ when referenced means the State of California, Department of Industrial Relations.

The Contractor shall be fully responsible for securing the design and the furnishing and installing, of adequate shoring, fencing and covers to protect all excavations from slides, cave-ins, and the public from hazard 232
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conditions. The excavations and shoring’s; therefore, shall be such as to protect all existing improvements and utilities from any damage and to be fully compatible with all requirements for traffic and access and the safe performance of the work.

Except as otherwise specified herein below, excavations 5 or more feet in depth shall be shored such that the sides will be supported in accordance with the requirements set forth in LACDPW Standard Plan 3090-1. Where the use of shields are proposed in lieu of shoring, their use shall be in accordance with Standard Plan 3090-1 and shall be subject to restrictions shown thereon. The restrictions on the use of shields, when a utility is in Zone A, as shown on the Standard Plan, may be waived provided that: (1) the Contractor submits written approval from the owner of the utility for his proposed construction method; and (2) the Contractor complies with any support or protection method the utility company requires and submits utility requirements to the Department for enforcement.

Shoring systems and shields shall be designed by a Civil or Structural Engineer registered as such by the State of California. The design shall be based on “Kw” values and soil parameters not less than those specified in the Special Provisions plus a uniform surcharge of at least 72 p.s.f. from the walls of the trench. If these items are not included in the Special Provisions, they shall be determined by the designer of the shoring system. Structural steel design shall be in accordance with the current edition of the AISC Manual for Steel Construction. Timber design shall be in accordance with National Specification for Stress- Grade Lumber and Its Fastenings. Allowable stresses specified in the listed publications may be increased by one-third. The maximum allowable timer flexural stress shall not exceed 2,000 pounds per square inch. This includes the one-third increase.

Unattended excavations shall have public protection measures as shown on LACDPW Standard Plan 6008-1.

Excavations 5 or more feet in depth for catch basin and connector pipe may be shored with a support system designed in accordance with the criteria set forth on LACDPW Standard Plan 3090-1 or with a system that meets the requirements in Paragraph 1541 of the Construction Safety Orders of the State of California, Department of Industrial Relations, except that where aluminum rails or walers are used for hydraulic shoring, they shall be heavy duty. Use of shields shall be as specified above. If the support system is designed in accordance with LACDPW Standard Plan 3090-1, the plans shall be prepared by a Civil or Structural Engineer, registered as such in the State of California. The design shall be based on “Kw” values not less than those specified in the 233
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Special Provisions or, if they are not included in the Special Provisions, they shall be determined by the designer of the shoring system.

Excavations less than 5 feet in depth need not be shored unless they are made at the locations or in the types of soil where hazardous ground movement is encountered, in which case the excavations shall be shored as specified hereinabove.

The criteria given on LACDPW Standard Plan 3090-1 and in the Special Provisions are MINIMAL for the conditions shown thereon. In addition to shoring the excavations as specified above, it shall be the Contractor’s responsibility to provide any and all additional shoring required to support loads which may exceed those derived by using the criteria set forth on said plans. It shall also be the Contractor’s responsibility to provide adequate shoring for the protection of existing improvements in the vicinity of any excavation. The design and details of the shoring system, as submitted, shall reflect the additional shoring necessary to provide for these loads and the required protection. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring to support the excavations under any and all of the conditions of loading which may exist or which may arise during the construction of the project.

The provisions of this subsection shall not apply to the support of excavations required for tunneling, boring, jacking, or other similar underground excavations. However, shoring for jacking pits or similar open excavations used in connection with such work shall be governed by the requirements included in these provisions. Support of excavations for tunnels shall be in accordance with the Special Provisions and support of excavations for boring, jacking, or other similar underground excavations shall be in accordance with the Tunnel Safety Orders of the State of California, Department of Industrial Relations.

Design calculations and details for the excavation support system for tunnels, including pilot tunnels utilized in jacking operations, shall be submitted to the Department for acceptance. Details of the submittal shall be the same as outlined herein below for open cut shoring systems.

Prior to the beginning of work, the Contractor shall designate, in writing, to the Department someone whose responsibility it is to supervise the installation and removal of sheeting, shoring, and bracing.

The Contractor’s attention is directed to the provisions of the paragraph entitled “Examination of Site, Plans, and Specifications” in the Instructions to Bidders. The Contractor shall make no claim against the Department for extra compensation for changes in the method of shoring excavations, which may be required because of lack of knowledge of the character of the project work.
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Prior to beginning excavations requiring shoring, as specified hereinabove, the Contractor shall prepare and submit to the Department for review details of his proposed shoring system on reproducible drawings and thre
e prints each of data sheets showing the reaches,
design criteria, calculations, sketches, sequence of placement and removal, and other data required in order to shore the excavation for the appropriate cases of shoring expected to be used on this project.

Drawing and calculations shall bear an original Signature of the Registered Engineer.

Where shields are to be used, the reproducible shield plans shall include a typical cross section of the proposed conduit showing adjacent utilities.

If a previously approved shield is to be used, submittal of calculations for the shield are not required if the current calculated load does not exceed the load for which the shield was previously approved. If it is requested that the limitation on the use of shields in the vicinity of existing utilities be waived, the submittal also shall include the written statements from the affected utility companies and reproducible drawings and calculations of the required utility support.

The submitted drawings should be of the same format shown on LACDPW Standard Plan 3091-1. In particular, the sheets shall indicate the methods of sheeting, shoring, and bracing which will be used, applicable reaches, and the installation and removal sequence. The sheets shall also show the positioning of said sheeting, shoring and bracing with respect to the planned location of the proposed structures.

Existing improvements, which may be affected by the proposed excavation, shall also be shown. The drawings shall include a statement to the effect that in preparing the shoring details the proposed construction procedures were considered and the details hereon are compatible with these procedures. It is the Contractor’s responsibility to submit to the Department all test data and calculations required to substantiate the load supporting ability of special components of shoring systems, such as screw jacks, speed shores, etc.

Drawings and supporting data shall be transmitted by letter to the Department for acceptance at least 21 days before accepted drawings will be required for commencing the work. The initial submittal shall include the required data for the entire project. Partial submittals will not be processed.

A detailed review of the submitted plans will be performed by the Department. The review will be for the purpose of determining that the following items have been considered and are in accordance with the stated criteria. The items are:
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(1) Soil Loads.
(2) Surcharge Loads, including effect of existing
improvements.
(3) Method of Analysis.
(4) Allowable Stresses, including soil stresses where
applicable.
(5) Protection of Existing Improvements.
(6) Feasibility of Construction.
(7) Delineation of Criteria.
(8) Calculations.
(9) Statement of Applicable Reaches.
(10) Original Signature of Designer
If the submitted plans are in conformance with the shoring criteria and the project specifications, the Department will sign the submitted drawings.

The original will be forwarded by letter to the Contractor.

As construction progresses, should a type of soil be encountered which requires a different method of shoring of greater strength than previously accepted by the Department, or should a situation or condition arise which in the opinion of the Engineer and/or California Division of Occupational Safety and Health requires additional shoring, then the Contractor shall submit for acceptance revised shoring details, and work in the affected excavations shall be discontinued until the revised shoring details have been accepted. The preparation and furnishing of such revised details shall be done as specified above for the Contractor’s proposed method of sheeting, shoring and bracing for the project excavations. All of the above-specified provisions concerning submittal by the Contractor, commencement of work on sheeting, shoring and bracing by the Contractor, and action to be taken by the Engineer and the Contractor shall apply in the event a different type of additional sheeting, shoring, and bracing is required beyond that originally contemplated by the Contractor.

Acceptance of the Contractor’s submitted plans shall not be construed to invalidate other provisions of these Specifications, which may be affected by the accepted method of shoring such as, but not limited to, the requirements concerning street closures, detours, barricades, and utilities.

In this connection, and particularly where excavation walls are sloped, the Contractor is reminded of his responsibility for maintaining access, for maintaining the number and width of traffic lanes specified, and for performing exploratory excavations for and the protection and maintenance, in place, of existing improvements.

Acceptance of shoring for excavations with either vertical or sloping banks shall not be construed to have altered any pay lines shown on the drawings.
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Attention is directed to the trench width, “W,” distances on LACDPW Standard Plan 3080-2. The design of the conduit and the shoring is based on this maximum width. If the trench width exceeds the maximum design width, the pipe bedding, pipe D-Load and the shoring shall be redesigned.

The Contractor shall be responsible for any additional costs due to the increased trench width.

If excavations are supported employing used materials, such materials shall be free from defects, which may impair their protective function.

Used materials, which are damaged or are otherwise defective to the extent that they will not safely perform their intended function, shall not be used in supporting excavations. It shall be solely the Contractor’s responsibility to furnish sheeting, shoring, and bracing of such grades and stresses as specified on the submitted drawings.

The limits of the excavation shall be within the right-of-way shown on the contract drawings unless the Contractor obtains permission from the adjacent property owners to extend the excavation into their property.

Such permission shall be stated in writing and forwarded to the Department with the shoring plans.
(b)Vertical Shores for Supporting Trench Excavations.

H-beams, piles, or other similar supports for excavation shall be placed in holes drilled to the bottom of the excavation and then driven the remainder of the required depth. Drilled holes shall be filled with jetted sand with a sand equivalent of 30. Where sonic pile hammers or other similar devices are approved by the Engineer, the vertical supports may be driven the entire depth.

In lieu of the above method, vertical support may be placed in holes drilled to the full depth required and backfilled to subgrade. Backfill shall be trench backfill slurry. However, where the in-situ material is granular and free-draining, the backfill may be sand meeting the requirements of 200-

1.5. Slurry shall be placed 72 hours prior to excavating and sand shall be flooded 24 hours prior to excavating. Calculations for embedment depth shall be based on beam width, not hole diameter.

When driving the vertical supports, as well as when drilling the holes, the Contractor shall take care to avoid damage to any and all existing improvements and utilities.

At locations where the drilling of such holes is impractical because of the existence of running sand, rocks, or other similar conditions, and provided impracticability is demonstrated to the satisfaction of the Engineer by actual drilling operations by the Contractor, the Department may, upon request of the Contractor, approve, in writing, the use of means other than 237
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drilling for the purpose of placing the vertical supports. Such other means, however, must be of a nature, which will accomplish, as nearly as possible, the purpose of drilling, namely, the prevention of damage to existing surface or subsurface improvements, both public and private.

Unless otherwise specified, all costs for this work shall be included in the price bid for the Shoring of Excavations pay item.

The above specifications shall not apply to driven sheet piling where such piling is necessary, because of the type of material being excavated, to adequately and safely support the excavation.

Immediately after the drilling for or extraction of a pile, the Contractor shall place a steel cover over the hole which shall be left in place until the pile is inserted or the hole is filled, as applicable. The cover shall be heavy enough to withstand traffic, be anchored to prevent lateral movement, and weigh a minimum of 75 pounds. Drilling or pile extraction will not be permitted until covers are on the site and available for immediate use.

The minimum required depth of penetration below the bottom of the excavation for vertical shores requiring soil pressure for stability shall be determined using soil resistance based on the following equations, the resultant of which shall be applied at a distance X below the bottom of the excavation:

Case X- Min. D-
No. Equation Ft. F
1 Fp = E (D-D1) 2 2D/3 D1 + 2'
2 Fp = A (D) 2 2D/3 2'
3 F p = A (D)2 + B (D) (D/2) + {D(0.167) / [1 + (B/AD) ] } 2' 4 Fp = A (D-D1) 2 2D/3 D1 + 2'
Where
Fp = Resultant force in pounds per foot of width of vertical shore.

D = Minimum depth of penetration in feet below the bottom of the excavation.

D1 = Distance in feet between bottom of excavation and
point of zero pressure.

X = Distance in feet between bottom of excavation and
line of action of Fp
A, B, & E = Soil parameters for continuous abutting vertical shores. (Values may be doubled for single or spaced vertical shores).
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Applicable Case No. D1 and soil parameters are to be used in conjunction with LACDPW Standard Drawing No. 3090-1 and are provided in the Special Provisions. In cases where this information was not available at the time of preparation of the Special Provisions, it may be obtained by calling the LACDPW at (626) 458-7810. It should be noted that this type of system is subject to the restriction that the distance from the bottom of the excavation to the lowest strut shall not exceed 15 feet. It should be further noted that this information is not applicable to the design of cantilevered shoring or sheet piling. If soil data is not provided in the Special Provisions, it may be obtained as noted above.

The shoring submittal must be stamped and signed by a California registered civil or structural engineer. The submitted shoring design must provide appropriate continuous full support. The completed shoring drawings must include detailed procedures for the installation and removal of the shoring. The design calculations must follow the guidelines set forth in Title 8, Chapter 4, Article 6 of the California Code of Regulations (CCR) and accepted methods of analysis must be used. Loads must be in accordance with the CCR or a soils report by a geotechnical consultant.

All members must be secured to prevent sliding, falling, or kick-outs. (c) Payment. Payment for shoring of open excavations will be made under the applicable item of work for which shoring is required. Any jacking shall be included in the prices bid for the applicable items. No change will be made in the amount to be paid for the shoring of open excavations as a result of any required revisions in the shoring details. 306-6 BEDDING
306-6.1 General. The last paragraph of Subsection 306-6.1 is hereby replaced with the following:

The trench bottom shall be graded to provide a smooth, straight, firm and stable alignment upon which the specified bedding material can be placed to form a firm foundation at every point throughout the length of the pipe, excepting the sockets, collars or joints. At each joint in the pipe, the bedding shall be recessed in such manner as to relieve the socket, or coupling from all loads and to ensure continuous bearing along the pipe barrel. The recess shall be large enough to allow joining of the pipe without foreign material entering the pipe. If any trench, through the neglect of the Contractor, is excavated below the grade required by the Plans, Standard Specifications, and/or these Special Provisions, it shall be refilled to grade with additional bedding. The excess excavation and the additional bedding shall be at no expense to the Agency.

Any additional bedding shall be in accordance with Section 217 of the Standard Specifications and these specifications.
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306-7 PREFABRICATED GRAVITY PIPE. This subsection is expanded to include the following:

The Contractor shall not reinstate those laterals determined by the City to be inactive, capped, or abandoned (tentatively shown on the construction plans) as determined during the initial video inspection of the pipe lines to be replaced or lined. The laterals not to be reinstated will be confirmed by the City after review of the Contractor-supplied video files made prior to installation.

The Contractor shall be responsible for expeditious reconnecting both active and new service laterals to the mainline replacement pipe. The existing service lateral shall be reconnected using VCP fitting and replacement pipe of equivalent diameter and a connector coupling suitable for the pipe materials involved. Connection shall be to a clean-cut undamaged point of connection of the existing service lateral. A minimum of two (2) lineal feet of the exposed service lateral or any damaged non- serviceable extent of the lateral pipe shall be replaced with new material.

Reconnection of existing services shall be made after the replacement pipe has been installed and successfully tested. It is the Contractor’s responsibility to make sure that all active service connections are reconnected.

Payment for the open trench excavation, placement of pipe bedding, placing of pipe at specified grade (slope), installing or reconnecting of sewer laterals shall be included in the respective contract unit costs for Construction of Pipe consistent with the construction item being performed. Said payment(s) shall include all materials, labor, equipment, and supplies necessary for the complete installation of the main pipe, new lateral, or the reconnect lateral, including replacement of up to two (2) feet of existing service lateral for external connections, complete, in place, and accepted, and no additional compensation shall be allowed therefor. 306-12 BACKFILL
306-12.1 General. This Subsection is expanded to include the following:

For VCP, the pipe zone envelope bedding material, per the plans and section 217, shall be compacted by jetting the backfill material to eliminate voids and establish a firm support for the remaining trench backfill placed above. The remainder of the trench is to be backfilled in accordance with this Section, and as detailed on the construction plans. 240
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Rocks greater than 4 inches in any dimension will not be permitted in backfill placed between 1 foot above the top of any pipe and 1 foot below pavement subgrade.

For trench crossing beneath a water line, storm drain line, or major utility line (more than 12-inch diameter), the backfill shall consist of a mechanically mixed slurry of two sack of Portland cement for each 1 cubic yard of sand.
306-15 PAYMENT
DELETE in its entirety and SUBSTITUTE with the following:

Payment for Construct 8-Inch VCP Sewer Line Per Detail will be made at the Contract Unit Price per linear foot (LF). The Contract Unit Price shall include payment for;
a) all wyes, tees, bends, utility crossings, monolithic catch basin connections, thrust restraints, and specials shown on the Plans; b) removal of interfering portions of existing pipelines, sewers, storm drains, and improvements;
c) closing or removing of abandoned conduit and structures; d) trench excavation;
e) control of surface waters;
f) preparation of subgrade;
g) placing and joining pipe;
h) erection and removal of forms;
i) reinforcing steel;
j) pressure testing;
k) video inspection;
l) disinfection sample collection and delivery;
m) backfilling the trench;
n) permanent resurfacing; and
o) all other work (including temporary resurfacing) necessary to install the pipe or conduit, complete-in-place .

No separate or additional payment will be made for additional bedding or a higher strength of pipe necessitated by the Contractor exceeding the maximum trench width.

Payment for Prepare and Implement Sewer Bypass System shall be at the contract bid price per Lump Sum (LS) and shall be complete per plan including all appurtenances and related materials for installation of sewer bypass system and no other payment shall be made therefore. 241
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SECTION 309 – MONUMENTS
309-2 MATERIALS. Delete the second sentence and replace with the following:

Marker plates for survey monuments will be furnished by the Contractor at the Work site.
309-4 PAYMENT. Delete subsection 309-4 and replace with the following:

Payment for installing monuments 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.
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SPECIAL PROVISIONS
PART 4
SECTION 400 – PROTECTION AND RESTORATION
4 00-1 GENERAL
Subsection 400-1 GENERAL paragraph three (3) is hereby deleted and amended thereto by the following paragraph:

Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall conform to 701-2. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements.
400-2 PERMANENT SURVEY MARKERS
Subsection 400-2 PERMANENT SURVEY MARKERS paragraph two (2) is hereby deleted and amended thereto by the following paragraph(s):

The Contractor shall submit to the Engineer a minimum of seven (7) days prior to the start of Work a list of controlling survey monuments which may be disturbed. The Contractor shall bear the expense of replacing any survey monuments that may be disturbed without permission. Payment of preservation and replacement of survey monuments shall be made per Subsections 2.2.8 Survey Service, 309-4 Payment and 400-3 Payment.

Replacement shall be done only under the direction of the Engineer by Registered (licensed) Licensed Land Surveyor or a Registered Civil engineer authorized to practice land surveying within the state. The Contractor will hire a licensed Land Surveyor of Engineer to:
a) Set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) File a Corner Record or Record Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and
c) File a Corner Record or Record Survey with the County Surveyor after re-establishment of the disturbed controlling survey monuments.
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400-3 PAYMENT
Subsection 400-3 PAYMENT first paragraph is hereby deleted and amended thereto by the following paragraph:

No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid. Permanent survey markers will be restored at the Contractor own expense.

SECTION 401 – REMOVAL
4 01-2 ASPHALT CONCRETE PAVEMENT
Bituminous Pavement. Bituminous pavement shall be removed to neatly sawed edges. Saw cuts shall be to a minimum depth of 3 inches. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch of new pavement material shall be provided at the join line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials.

Bituminous pavement on curb and gutter, sidewalk or drive approaches shall be removed by heating with a torch to soften the pavement without creating smoke. Softening shall be performed until the bituminous material can be easily scraped away down to the underlying PCC surface. The blade used for scraping shall be maintained straight along its edge and clean. Bituminous material shall be scraped in this manner until it is completely removed.
401-3 CONCRETE AND MASONRY IMPROVEMENTS
401-3.1 Concrete Pavement.

Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall be made to a minimum depth of 3 inches. If a saw cut in concrete pavement falls within 3 feet of a construction joint, cold joint, expansion joint or edge, the concrete shall be removed to the joint or edge. The edges of existing concrete pavement adjacent to trenches, where damaged subsequent to saw cutting of the pavement, shall again be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.
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401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway, and Alley Intersections.

Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1½-inches. Concrete sidewalk, or driveway to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in sidewalk, access ramp, or driveway would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1½-inches on a neat line at right angles to the curb face.
402-7 PAYMENT
Payment for removals as part of work for “remove and construct” bid items shall be paid for as part of the work for that item and no additional compensation will be allowed.

SECTION 402 – UTILITIES
4 02-1 LOCATION
Subsection 402-1.1 General paragraph one (1), only, is hereby deleted and amended thereto by the following paragraph:
402-1.1 General. Known utilities and their respective owners are shown on the Plans or specified in the Special Provisions. Where underground utilities are shown on the Plans, the Contractor shall assume every property parcel will be served by a connection for each type of utility. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage.

The Contractor shall excavate and expose all high-risk
underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in the General Specifications. 402-4 RELOCATION
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Subsection 402-4 RELOCATION the second sentence of the fourth paragraph is hereby deleted and amended thereto by the following sentence:

When not otherwise required by the Plans and Specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction. 402-5 DELAY DUE TO UTILITY CONFLICTS
Subsection 402-5 DELAY DUE TO UTILITY CONFLICTS the second paragraph is hereby deleted and amended thereto by the following two (2) paragraphs:

The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted and completed in accordance with Subsection 402-1. The Contractor shall ascertain further detailed information to coordinate his work to this effect.

All notification of utility companies shall be by the Engineer based on Contractor's request as submitted to the Engineer at least 24 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect, except for the utility company not responding at their agreed time.

SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
4 03-1 GENERAL
Subsections 403-1 is hereby amended by adding thereto to Section 403 of the Standard Specifications as follows:
403-1.1 Adjustment of Los Angeles County Flood Control District Manhole Frame and Cover Sets to Grade.

Adjustments to grade of Los Angeles County Flood Control District Manhole Frame and Cover sets do not require a District permit.

However, the Contractor shall notify the Inspection Department at (818) 458-3129, 24 hours in advance of any work in the area of the manhole.
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403-1.2 Adjustment of Los Angeles County Sanitation District Manhole Frame and Cover Sets to Grade.

Los Angeles County Sanitation District manhole frames and covers shall be set to finish grade as follows:

1. Contractor shall notify the District’s Superintendent of Maintenance, (310) 638-1161 or (310) 774-7272, 48 hours prior to commencement of any work in the area of the
manhole.

2. If grade over manhole is to be lowered:
a. Contractor shall furnish and deliver a temporary steel cover plate of thickness and size approved by the
District for said manhole.
b. Contractor shall excavate around the manholes to a
depth and distance outside of the manhole as
required by the District for said manhole.
c. District shall remove the existing manhole frame and cover, and any interfering portion of the manhole
shaft, and shall place the steel cover plate over the
manhole.
d. Contractor shall store and protect frame and cover for later installation by the District and shall fill and/or pave over the steel plate to final grade.
e. Contractor shall remove paving and/or fill as
necessary to permit the District to raise manhole to
final grade. (Removal of paving and/or fill shall be to a minimum of 2 inches outside of the manhole if the
steel plate is less than 6 inches below final grade and 12 inches outside of the manhole if the steel plate is
more than 6 inches below final grade.)
(Removal of paving and/or fill shall be to a minimum
of 2 inches outside of the manhole if the steel plate is less than 6 inches below final grade and 12 inches
outside of the manhole if the steel plate is more than
6 inches below final grade.)
f. District personnel shall raise manhole and set frame and cover to grade.
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g. Contractor shall place and compact the backfill and
pavement as necessary to complete the work.

3. If grade over manhole is to be raised:
a. Contractor shall fill and/or pave directly over frame and cover to final grade.
b. Steps (e) through (g) of 2 above shall be followed,
except that if grade is to be raised more than 2 feet,
the Contractor shall excavate around the manhole
shaft under step (2) to a depth and diameter as
necessary, for the District to remove and reconstruct
manhole shaft with required taper and as specified by
the District.
403-1.3 Adjustment of Water Valve Box Frame and Cover.

Water valve box frame and cover within the area to be paved or graded shall be set to finish grade with a concrete collar by the Contractor as required by the Plans and Specifications. In the case of portland cement concrete pavement, water valve box frame and cover shall be set to finish grade by the Contractor before paving. 403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT
Subsection 403-3 is amended by adding thereto the following paragraph:

Pavement patch material around all frame and covers shall conform to the finish pavement layer specifications; PG 64-10 Class C/D and/or ARHM GG-C/D.
404-7 WORK SITE MAINTENANCE
Section 404-7 is amended thereto by adding the following paragraphs:

Cold milling will not be considered complete until all loosened material is removed from the project site. Paving shall not commence until the day after cold milling is complete.

Cold milled streets shall be approved by the Engineer as completed for cold milling prior to paving. Sweepers used for cold mill sweeping shall not enter on the streets approved as completed for cold milling. 248
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SECTION 404 – COLD MILLING
40 4-2 MILLING MACHINES
Subsection 404-2.2 Milling to a Specified Elevation is amended thereto by adding the following paragraph:
b) The straight edge grade along the edge of the cold plane area shall not deviate more than ¼-inch below nor 1/8-inch above the grade specified in the Plans or Specifications.
404-7 WORK SITE MAINTENANCE
Section 404-7 is amended thereto by adding the following paragraphs:

Cold milling will not be considered complete until all loosened material is removed from the project site. Paving shall not commence until the day after cold milling is complete.

Cold milled streets shall be approved by the Engineer as completed for cold milling prior to paving. Sweepers used for cold mill sweeping shall not enter on the streets approved as completed for cold milling. 404-11 PAYMENT
Payment for Cold Mill Asphalt Concrete 2-Inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full compensation for all labor, materials, tools, equipment and incidentals required to Cold Mill Existing Asphalt Concrete Pavement. This bid item will shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation,hauling, disposal, and other incidentals for doing all work, complete, and in place, involved in cold milling as indicated in the contract documents, and no additional compensation will be allowed therefor.
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SPECIAL PROVISIONS
PART 5
SECTION 500 – PIPELINE REHABILITATION
50 0-3 CLEANING AND PRELIMINARY INSPECTION
500-3.4 Closed CircutTelevision (CCTV) Inspection. This subsection is expanded to include the following:

For a pre-rehabilitation inspection, and for the post-installation CCTV inspection, the Contractor shall hire an experienced, independent video inspection service to perform a recorded video inspection of the project sewer mains in accordance with the Standard Specifications. The CCTV inspection must be accomplished by trained operator(s) certified in accordance with National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) and using established PACP coding and observations in assessing the pipeline conditions The submittal of an initial sample deliverable for confirmation is also requested.

Prior to post- installation video inspection, the following work must be completed:

1. All sewer pipelines are installed and backfilled.

2. All structures are in place, all channeling is complete, pipelines are accessible from structures, and all active and open service lateral connections have been re-installed as required.

3. All other underground facilities, utility piping, and conduits are installed and their trenches compacted.

When the above work has been completed, the Contractor shall notify the Engineer 48 hours in advance of the date for video inspection. During this inspection, the Contractor or his authorized representative shall be present to observe the video pictures as provided by the video camera.

The recorded video inspection shall be completed within 10 days of accomplishing the above work.

The following observations shall be entered into the CCTV video inspection log, and are considered defects in construction of the sewer pipelines and will require corrections prior to final acceptance:
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1. Off-grade - 0.08 foot, or over, deviation from grade.

2. Separated, misaligned or dropped joints.

3. Cracked or damaged pipe or evidence or presence of an external object bearing upon the pipe (rocks, roots, etc.).

4. Less than a 90% clear opening from the service lateral into the main sewer pipe and no intrusion.

5. Infiltration or exfiltration in excess of maximum permissible as specified in Subsection 306-7.8 of the Standard Specifications.

6. Debris or other foreign objects in the line.

7. Other obvious structural and/or maintenance deficiencies that impair the serviceability or sustainability of the facility.

The Contractor and Engineer shall be notified, in writing, by the video inspection service of any deficiencies revealed by the inspection that will require repair, following which the Contractor shall excavate and make the necessary repairs in the presence of the Engineer. All repairs shall be made prior to commencing any work in the next area or construction zone.

The personnel making the inspection shall maintain a continuous log of the inspection. Each log shall be marked with the date of the inspection run. Each log entry shall be consecutively numbered for positive identification in subsequent correspondence or references.

Upon completion of inspection of the entire project (manhole to manhole runs), the Contractor or his authorized representative shall sign under the last entry of the log sheet to certify that he was present as an observer during the inspection. After this signature, the Contractor shall be delivered duplicate or reproduced copies of the log. The Engineer shall be given the original log. The Engineer shall also be given a digital copy on a CD of the unedited CCTV inspection.

Those portions of the pipeline system that have been corrected shall be repeated until all deficiencies observed by video inspection have been corrected to the complete satisfaction of the Engineer. The cost of re- inspection of defective work shall be the responsibility of the Contractor.

If upon exposing the pipeline it is found that reported defects do not actually exist, the Agency shall reimburse the Contractor for his cost of excavation, backfill, and re-compaction, but only if the Engineer is present at the time of excavation and verifies the adequacy of the installation.

Payment for CCTV Inspection shall be at the contract unit price per Linear Foot (LF) and shall include all labor, materials, equipment, and tools necessary to perform work, including but not limited to pipe cleaning and CCTV inspection, and no additional compensation will be made therefor. Measurement may be made on either the footage counter of the 251
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tape, or the footage counter on the cable, and shall be based on the actual length of pipe televised.
500-5 LINING.
500-5.5 Cured in Place Pipe (CIPP) Liner
500-5.5.1 General
The first paragraph is hereby deleted and replaces with the following:

CIPP liner shall conform to the requirements of ASTM F1743, ASTM F1216 or ASTM F2019 and per the manufacturer’s recommendations.

This subsection shall be expanded to include the following:

This section covers the work necessary to furnish and install, complete in place, the cured-in-place pipe (CIPP) liner. All work and materials shall conform to Section 500-1 of the Standard Specifications and these Special Provisions.

The rehabilitation of specified pipelines shall be done by the installation of a resin-impregnated flexible tube which, when cured, shall be continuous and tight-fitting throughout the entire length of the existing host pipe. The CIPP shall extend the full length of the original pipe and provide a structurally sound, joint less and water-tight new pipe within a pipe.

The Contractor is responsible for proper, accurate, and complete installation of the CIPP using the system selected by the Contractor.

Neither the CIPP system, nor its installation, shall cause adverse effects to any of the Agency’s processes or facilities. Use of the selected product shall not result in the formation or production of any detrimental compounds or by-products at the wastewater treatment plant. The Contractor shall notify the Agency and identify any by-products produced as a result of the installation operations, test and monitor the levels, and comply with any and all local waste discharge requirements. The Contractor shall cleanup, restore existing surface conditions and structures, and repair any of the CIPP system determined to be defective.

The Contractor shall conduct installation operations and schedule cleanup in a manner to cause the least possible obstruction and inconvenience to traffic, pedestrians, businesses, and property owners or tenants.

The installed CIPP shall be a structurally designed pipe within a pipe, fitting tightly within the existing (host) pipe so as to not leak at the manholes, at the service connections or through the wall of the installed 252
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liner pipe. If leakage occurs at the manholes or is observed to enter at the service connections the Contractor shall seal these areas to stop all leakage using a material compatible with the installed CIPP resin system used.

The CIPP shall be designed for a life of 50 years or greater, and shall withstand all applicable surcharge loads (soil overburden, live loads, etc.) and external hydrostatic (groundwater) pressure, if present, for each specific installation location.

All existing and confirmed active service connections and any other service laterals to be reinstated as directed by the Engineer shall be re- opened robotically to their original shape and to 95% of their original capacity. All over-cut service connections will be properly repaired to meet the requirements of these specifications.

All materials furnished as part of this contract shall be marked with detailed product information, stored in a manner specified by the manufacturer, and tested to the requirement of this contract.

The CIPP System must meet the ASTM D5813 Section 8.2.2 – 10,000- hour test.

All materials shipped to the project site shall be accompanied by test reports and a Certificate of Compliance, certifying that the material conforms to the ASTM standards listed herein. Materials shall be shipped, stored, and handled in a manner consistent with written recommendations of the manufacturer to avoid damage. Damage includes, but is not limited to, gouging, abrasion, flattening, cutting, puncturing, or ultra-violet (UV) degradation.

On site storage locations, shall be approved by the Agency. All damaged materials shall be promptly removed from the project site at the Contractor’s expense and disposed of in accordance with all current applicable agency regulations
500-5.5.1.1 Contractor Submittals. [New Section] The Contractor shall submit to the Engineer, a Performance Work Statement (PWS), which clearly specifies the CIPP product delivery in conformance to the requirements of these contract documents. The PWS shall at a minimum contain the following:
• A clear description to indicate that the CIPP will conform to the project requirements as outlined in the Description of Work and as delineated in these Specifications.
• A detailed installation plan including all preparation work, pre-CCTV inspections, bypass pumping, traffic control, installation procedure, curing, 253
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service reconnection, final CCTV inspection and all else necessary and appropriate for a complete CIPP liner installation.
• A detailed installation schedule shall be submitted and shall conform to the requirements of this contract.

Contractor’s description of the proposed CIPP lining technology, including a detailed plan for maintaining service, during mainline installation, to each home or business connected to the materials to be furnished shall conform to these specifications and shall be fully described in the submittals.

The Contractor shall have a minimum of five (5) year of experience installing CIPP liners in pipe of a similar size, length and configuration as contained in this project. The superintendent, the foreman and the lead crew personnel for the CCTV inspection, resin wet-out, the CIPP liner installation and the robotic service reconnection operator must have demonstrated competency and experience to perform the scope of work contained in this contract. Detailed resumes, of each individual shall be included in PWS. Contractor shall complete and submit the Contractor/Subcontractor Experience as noted in these Specifications.

Engineering design calculations, in accordance with the Appendix of ASTM F-1216, for the thickness of the proposed CIPP lining and the quantity of resin proposed for installation of the CIPP. These calculations shall be prepared by or under the supervision of a California Registered Professional Engineer. All calculations shall conform to the requirements of these specifications.

Proposed manufacturers technology brochures shall be submitted for all CIPP products and all associated technologies to be furnished.

Submittals shall include information on the cured-in-place pipe intended for installation and all tools and equipment required for a complete installation. The PWS shall identify which tools and equipment will need to be redundant on the job site in the event of equipment breakdown. All equipment, to be furnished for the project, including proposed back-up equipment, shall be clearly described.

The Contractor shall outline the mitigation procedure to be implemented in the event of key equipment failure during the installation process. A detailed description of the Contractor’s proposed procedures for removal of any existing blockages in the pipeline that may be encountered during the cleaning process.

A detailed procedure for testing the water tightness of the cured CIPP system.
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Detailed public notification plan shall be prepared and submitted including detailed staged notification to residences affected by the CIPP installation.

The Contractor shall submit a proposed Safety Plan to the Agency identifying all competent persons. The plan shall include a description of a daily safety program for the job site and all emergency procedures to be implemented in the event of a safety incident.

Contractor shall submit qualifications for the proposed CIPP manufacturer’s technician for Engineer’s review.

Any and all times that a camera is placed inside the pipe being rehabilitated, the Contractor shall make a copy of the unedited CCTV video and provide the copy to the Agency’s inspector.

Fabric Tube – including specific gravity and nominal void volume content.

Flexible membrane material – including nominal thickness, specific gravity and recommended repair procedure.

Raw Resin Data and Cured Resin Properties – including specific gravity both liquid and cured, resin catalyst ratios, a list of resin admixtures and nominal resin polymerization shrinkage to be expected.

Resin/Felt Composite – including specific gravity with all felt voids filled with resin, the estimated resin required to the felt voids and the additional resin to be added.

Sealing Material - The beginning and end of the CIPP shall be sealed to the existing host pipe. The sealing material shall be compatible with the pipe end and shall provide a watertight seal. Submit sealing material data for approval.

Manufacturers’ shipping, storage and handling recommendations for all components of the CIPP System.

All MSDS sheets for all materials to be furnished for the project.

Tube Wet-out & Cure Schedule, including:
• Calculations for each diameter CIPP liner to be installed including thickness, flexible membrane perimeter, additional resin target amount and the specified quantity of resin as submitted herein. • A complete description of the proposed wet-out procedure for the proposed technology shall be submitted.
• The Manufacturer’s recommended cure schedule - for each diameter and thickness of CIPP liner to be installed.
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The PWS documentation to be submitted to verify that the installed product meets the requirements of these Specifications.

A detailed cool-down schedule shall be submitted for the curing medium proposed.

Certified copies of all cure logs of the installed CIPP liner shall be submitted with the CIPP field samples upon completion of each line section.

Material Composition – Fabric Tube. The wall color of the interior pipe surface of CIPP after installation shall be a light reflective color so that a clear detailed examination with a closed circuit television (CCTV) inspection equipment may be made. The hue of the color shall be dark enough to distinguish a contrast between the fully resin saturated felt fabric and dry or resin lean areas. Seams in the fabric tube shall be equal to, or greater in strength than the un-seamed felt fabric. The outside of the fabric tube shall be marked with the name of the manufacturer.

Material Composition - Resin. The resin shall be a corrosion resistant polyester, vinyl ester or epoxy resin and catalyst system that when properly cured, meets the requirements of ASTM F1216, ASTM F1743, or ASTM F2019, the physical properties herein, and those, approved in the design of the CIPP for this project. The resin shall produce CIPP, which will comply with the structural and chemical resistance requirements of these specifications.
500-5.5.4.1 Testing. [New Section] The physical properties of the installed CIPP shall be verified through field sampling and laboratory testing. The Contractor shall furnish all CIPP samples at the request of the Agency for product testing in accordance with ASTM F1216, Section 8 or F1743 for each section of CIPP installed. The Agency shall take possession of the samples for testing and shall maintain the chain of custody and deliver the samples to an approved laboratory. The initial test and one retest, for each location, will be paid for by the Agency. The Contractor shall pay for any subsequent tests.

The testing shall be in accordance with applicable ASTM test methods to confirm compliance with the requirements specified herein. Tests shall be conducted at a minimum of one location per each CIPP installation set-up at a downstream manhole. The sample shall be cut from a section of cured CIPP that has been installed through a like diameter pipe which has been held in place by a suitable heat sink, such as sandbags. Samples for CIPP greater than 18” in diameter shall be plate samples, created onsite. 256
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In man-entry size piping, the Contractor may be requested to remove a sample from each pipe to be used to check the liner thickness, by core drilling 2-inch diameter test plugs at locations specified by the Agency.

Chemical resistance - The CIPP system shall meet the chemical resistance requirements of ASTM F1216 or ASTM F1743. CIPP samples tested shall be of the fabric tube and the specific resin proposed for actual construction. It is required that CIPP samples without plastic coating meet these chemical testing requirements.

Hydraulic Capacity - Overall, the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition.

CIPP Field Samples – The Contractor shall submit test results from field installations, of similar projects, in the USA representing the same resin system and tube materials as proposed for the actual installation for Engineer’s review. Field sampling procedure shall be in accordance with ASTM F1216 or ASTM F1743 and in accordance with ASTM D5813. 500-5.5.5 Installation.

The first sentence of the second paragraph in this subsection is hereby removed and replaced with the following:

CIPP shall be installed in accordance with ASTM F1216, ASTM F1743 or ASTM F2019 and the Contractor’s recommendations as approved by the Engineer.

This subsection shall be expanded to include the following:

The manufacturer’s (both of the fabric tube and the resin) recommendations are to be followed in the application, handling, installation, and curing of the CIPP lining product. If a conflict should arise in the requirements to be followed, a decision by the Engineer must be requested. The CIPP liner shall be installed and cured in the host pipe per the manufacturer’s specifications as submitted in the PWS.

Working hours for liner installation shall conform to the provisions of Subseciton 2.6.6.1.

CIPP installation shall be in accordance with ASTM F1216, Section 7, ASTM F1743, Section 6, or ASTM F2019, Section 6, with the following modification:
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The wet-out tube shall be positioned in the pipeline using the method specified by the manufacturer. Care should be exercised not to damage the tube as a result of installation. The tube should be pulled-in-place or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point.

Prior to installation and as recommended by the manufacturer remote temperature gauges (typically thermocouple probes) shall be placed inside the host pipe at the invert level of each end to monitor the temperatures during the cure cycle. Liner and host pipe interface temperature shall be monitored and logged during cure and cool down.

The Contractor shall clean the interior of the existing host pipe prior to installation of the CIPP liner. All debris and obstructions, that will affect the installation and the final CIPP product delivery to the Agency, shall be removed. Solid debris and deposits shall be removed from the system and disposed of properly by the Contractor. Moving material from manhole section to manhole section shall not be allowed. Precaution shall be taken by the Contractor, in the use of cleaning equipment, to avoid damage to the existing pipe. The repair of any damage, caused by the cleaning equipment, shall be the responsibility of the Contractor. The Contractor shall be responsible for disposing of debris removed as a direct result of the cleaning operation.

The Contractor shall utilize as installation access points those manholes delineated in the plans. If the Contractor proposes alternative manhole access points different than those shown on the Plans, Contractor shall be required to submit detailed plan for Engineer’s approval, including traffic control.

The CIPP liner shall be constructed of materials and methods, that when installed, shall provide a joint less and continuous structurally sound liner able to withstand all imposed static and dynamic loads on a long-term basis.

Contractor shall perform pre-cleaning and post-cleaning video inspections of the pipelines. The Contractor shall provide the Agency a copy of the pre-cleaning and post-cleaning video and suitable log, and/or in digital format for review prior to installation of the CIPP and for later reference by the Agency.

Line Obstructions - It shall be the responsibility of the Contractor to clear the line of obstructions that will interfere with the installation and long-term performance of the CIPP. If pre-installation inspection reveals an obstruction such as intruding service connections, dropped joint, or a collapse, the Contractor shall be compensated as extra work. Removal of 258
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any previously unknown obstructions shall be considered as a changed condition. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing and curing the CIPP. 500-5.5.5 Curing. The following shall be added:

Care shall be taken in the release of the static head or pressure so that a vacuum will not develop which could damage the newly installed liner.

Curing shall be accomplished by utilizing the appropriate medium in accordance with the manufacturer’s recommended cure schedule and conforming to ASTM F1216, ASTM F1743 or ASTM F2019. The heat source in and output temperatures shall be monitored and logged during the cure and cool down cycles. The manufacturer’s recommended cure schedule shall be determined for each line segment installed, and the liner wall thickness and the existing ground conditions with regard to temperature, moisture level, and thermal conductivity of soil shall be taken into account and shown how those factors influence the cure schedule.

Certified copies of all cure logs shall be submitted for each installation to the District after each CIPP liner is installed.

The Contractor shall cool the CIPP in accordance with the approved CIPP resin manufacturer’s recommendations as outlined in the PWS.

Temperatures and curing data shall be monitored and recorded throughout the installation process to ensure that each phase of the process is achieved as approved in accordance with the CIPP Resin System manufacturer’s recommendations.
500-5.5.8 Repairs. This subsection shall be expanded to include the following:

The installed CIPP shall be continuous over the entire length of a line section and be free from visual defects such as foreign inclusions, dry spots, pinholes, wrinkles and de-lamination. The lining shall be impervious and free of any leakage from the pipe to the surrounding ground or from the ground to inside the lined pipe. Any defect, which will or could affect the structural integrity or strength of the linings, shall be repaired at the Contractor’s expense, in accordance with the procedures submitted in the PWS. The beginning and end of the CIPP shall be sealed to the existing host pipe. The sealing material shall be compatible with the pipe end and shall provide a watertight seal.

WARRANTY. The manufacturer shall certify the materials used for the project for the specified purpose. The manufacturer shall warrant the liner to be free from defects in raw materials for one (1) year from the date of delivery. The Contractor shall warrant the liner installation for a period of one (1) year. During the Contractor warranty period any 259
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defect, which may affect the integrity or strength of the pipe, shall be repaired at the Contractor’s expense in accordance with procedures included in the PWS.

During the one-year warranty period, the Contractor, at no expense to the District, shall repair or replace the CIPP for any of the following reasons:
a. Leakage through the CIPP or between the CIPP and host pipe; b. A reduction in the CIPP thickness of more than ten percent (10%) caused by corrosion and abrasion;
c. Separation of the CIPP from the host pipe; or
d. Other failure due as a result of faulty material or improper installation.

The Contractor shall submit detailed procedures for repairing the work prior to making such repairs.

If the CIPP fails to retain its shape or fails in buckling mode due to normal loading, the Contractor shall be required to remove the failed CIPP. This shall include, but not be limited to, all material, excavation, backfilling, cutting, concrete, pipe, shoring, temporary pavement, permanent pavement, permits, and other incidental work required to remove the CIPP from the existing pipe. If removal is not feasible, or if removal will cause more harm than acceptable to the host pipeline, alternatives may be proposed by the Contractor to the Agency for review and approval. The integrity of the existing pipe, where the liner was removed, shall be rehabilitated by installing another liner or if this procedure is not feasible by installing a new pipe section. There shall be no additional payment for this work.

FINAL ACCEPTANCE. The water tightness of the liner shall be gauged throughout the process. Once cured and cooled down, the liner shall be subjected to inspection prior to reinstatement of intersecting sewers or laterals. For all systems not using water as an installation medium, an infiltration test shall be performed before any service connections are connected to the CIPP. All testing shall be completed meeting the requirements of these specifications and documented in written form.

The Contractor shall perform a closed-circuit television (CIPP) inspection in accordance with ASTM F1743, section 8.6 and ASTM F1216 in the presence of the Engineer after installation of the CIPP liner and reconnection of the intersecting sewers. A radial view (pan and tilt) TV camera shall be used. The finished liner shall be continuous over the entire length of the installation and shall be free of significant visual defects, damage, deflection, holes, and the like. Unedited video recordings and a suitable log of the inspection shall be provided to the Engineer within 10 working days of the liner installation. The log shall note the inspection date, location of all reconnected side sewers, debris, as well as any other defects in the liner, including, but not limited to, gouges, 260
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cracks, bumps, or bulges. If post inspection video records are not submitted within 12 working days of the liner installation, the Engineer m
ay at its discretion suspend any further installation of CIPP until the post- installation tapes are submitted. As a result of the suspension, no additional calendar days will be added to the contract, nor will any adjustment be made for increase in cost.

Immediately prior to conducting the closed circuit television inspection, the Contractor shall thoroughly clean the newly installed liner removing all debris and build-up that may have accumulated. The pipe invert shall be cleared of any standing water and continuously visible during the inspection.

Measurement and Payment. Payment for Install 8” CIPP Liner shall be paid at the contract price per linear foot (LF) , and shall include full compensation and include but not limited all materials, labor, equipment, and supplies necessary for the complete liner installation, sealing at m
anholes, removal of obstructions/ deposits, sampling and testing, repairs and restorations, and any necessary re-inspections of the installed liner, complete, in place, and accepted, and no additional compensation shall be allowed therefore.
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SPECIAL PROVISIONS
PART 8

LANDSCAPING AND IRRIGATION
SECTION 800 - MATERIALS
8 00-1 LANDSCAPE MATERIALS
Add new Section 800-1.7 Landscape Materials.
800-1.7.1 Root Control Barrier. (Refer to Section 801-3.1.2) Root control barrier shall be 24-inches (600mm) wide by 0.080-inches (2mm) thick high impact polyethylene or polypropylene sheeting with reinforced double top edge, manufactured for root barrier purposes. Sheeting shall have integrally molded root deflector ribbing and integrally molded joiner strips.
800-1.7.4 Samples. Within 15 calendar days of award of contract, submit one 24-inch by 24-inch (600mm x 600mm) sample of each item with joining strip or seam and two copies of manufacturer's technical data for approval.

SECTION 801 - LANDSCAPE INSTALLATION
8 01-1 GENERAL
All existing lawn and landscape areas disturbed by the Contractor as part of or as a result of the work shall be prepared and re-sodded and/or replanted in kind, except as otherwise designated in the Plans. Existing irrigation systems shall be repaired and restored to operating condition to the satisfaction of the Engineer.

Contractor shall field verify with Engineer exact location of all irrigation components such as, but not limited to, valves, sprinkler heads, piping, etc., prior to start of construction. All irrigation components shall be protected in place.

However, where there are conflicts with new sidewalks, the water supply lines, valves, and sprinkler heads shall be modified and adjusted to grade or relocated, as necessary. The reinstallation of irrigation components shall be performed in the same manner in which they were originally installed. 801-3 HEADER INSTALLATION
Add new Section 801-3.1 ROOT CONTROL BARRIER INSTALLATION 262
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801-3.1.2 Root Control Barrier Installation. Install root control barrier at tree locations as shown on plans. Install and join sections in strict accordance with manufacturer's printed instructions. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT
801-6.4.3 Trees, Shrubs, and Groundcovers.

No pruning shall be performed by the Contractor unless directed in writing by the Engineer. The Agency's Certified Arborist must be present for any attempted pruning operations. Seventy-two (72) hours prior notice to the Agency is required before commencing pruning operations.

ANY TREES PRUNED WITHOUT PERMISSION OR IN A

FASHION UNACCEPTABLE TO THE AGENCY SHALL BE

REPLACED IN KIND AND SIZE BY THE CONTRACTOR AT NO
ADDITIONAL COST TO THE AGENCY.

If pruning is permitted by the Engineer:
• All trees and shrubs shall be pruned to maintain natural structure. Clipping into formal shapes such as boxes and balls will not be allowed unless such is specified in the design.
• Young trees shall be pruned to select and develop
permanent scaffold branches; to remove overlapping and
rubbing limbs; to eliminate narrow crotches; and to maintain growth within space limitations. All cuts shall be made to lateral branches, or buds, or flush with branch bark collar.

Side pruning of young trees, stubbing or heading back will not be permitted.
• Evergreen trees shall not be pruned, except under the direction of the Engineer.
• The objectives of shrub pruning are the same as for trees.

Groundcovers shall be edged and trimmed to keep in bounds and to achieve an overall even appearance. Keep ground cover 12- inches clear of the base of shrubs, and clear of low branches. 801-6.4.4 Replacement of plants. All plants that show signs of failure to grow at any time during the life of the contract or those 263
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plants so injured or damaged from any cause, including vandalism, as to render them unsuitable for the purpose intended shall be immediately replaced in kind and size at the expense of the Contractor.
801-6.4.5 Inspections. A written notice requesting an inspection should be submitted to the Engineer at least 48 hours prior to the anticipated date.

Prior to inspection, the site must be thoroughly cleaned up and all excess material and debris removed.

Prior to start of and at the end of the plant establishment and landscape maintenance periods, the Contractor will be required to have a complete inspection and approval of all landscape construction items.

An inspection shall be scheduled at 30-calendar day intervals during the landscape maintenance period.
801-8 PAYMENT
Add the following:

Payment for Trim Existing Tree, Root Prune, and Install 10’ Long Root Barrier shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, and incidentals for the all work complete in place and no additional compensation will be made therefor.

All costs for testing, record drawings, and other miscellaneous costs shall be distributed among the various items, and no additional payment will be made therefor.
264
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SPECIAL PROVISIONS

SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the 2018 Caltrans Standard Plans, and Standard Specifications, Section 81, “Miscellaneous Traffic Control Devices,” Section 82 “Signs and Markers”, and Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.

All materials required for the completion of work as shown on the Plans shall be provided by the Contractor.

SECTION 81 - MISCELLANEOUS TRAFFIC CONTROL DEVICES
81 -3 PAVEMENT MARKERS
81-3.02 Materials.
81-3.02E Epoxy Adhesive. Adhesive for raised pavement markers shall be rapid set type epoxy.

Removal of pavement markers shall be per Section 81-8.03B, "Remove P
avement Markers," of the State Standard Specifications. 81 -3.04 Payment. Payment for pavement markers shall be included in the lump-sum price bid for striping, and no additional compensation will be allowed therefor.

SE
CTION 82 – SIGNS AND MARKERS
82 -3 ROADSIDE SIGNS
Contractor shall remove and replace in-kind all regulatory and warning signs and object markers throughout the project limits. Replace in-kind includes the sign dimension or size being equal to those presently in the field. Contractor shall remove and replace all sign posts that do not provide a 7-foot clearance between the finished grade and the bottom of the sign(s).
82-3.03 Construction. Relocated signs shall be installed using existing posts at new locations and shall be set at a minimum 30-inch depth and at a minimum 12- 265
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inch square portland cement concrete (PCC). The post depth of the concrete footing shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC, except as specified otherwise, the metal post shall be 2-inch square “Qwik Punch” posts. The length of the metal post shall be sufficient to extend from the top of the sign to 30-inches below the top of the concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the sign. The depth of the concrete footings shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

Drill holes for bolts, threaded rods, or expansion anchorage devices drilled in existing concrete by a method that will not shatter the concrete adjacent to the holes.

Repair any spalling or chipping of concrete structures at contractor’s expense.

Marker and delineators shall conform to the provision in Section 81, "Miscellaneous Traffic Control Devices."
82-3.04 Payment. Payment for signing shall be paid per unit price bid as shown in the bid schedule, and no additional compensation will be allowed therefor.

SECTION 84 - MARKINGS
84 -2 TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials.
84-2.02A General. Traffic stripes, pavement markings, crosswalks, and arrow markings shall be thermoplastic, unless otherwise shown on the Plans. Curb markings shall be paint, two (2) coats. Contractor shall repaint all curb markings within the project limits as noted on the plans. 84-2.02B Thermoplastic. Traffic striping shall be thermoplastic including crosswalks, arrows and other pavement legends.
84-2.02C Paint. Curb markings shall be paint. Paint shall be ready-mixed rapid dry type.
266
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Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete.
84-2.03 Construction.
84-2.03A General. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.

The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½-inch in 50-feet from the specified alignment.

When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.

The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic.

The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.

Spotting shall be completed prior to the removal of any existing stripes.

Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.

The installation of traffic st
ripes includes placement of raised pavement
markers when called for on the plans.

Adhesive for raised pavement markers shall be per Section 81, “Pavement Markers.”
Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by grinding method per Section 81-8.03B, “Remove Pavement Markers,” and Section 84-9.03B, "Remove Traffic Stripes and Pavement Markings" of the State Standard Specifications.
84-2.04 Payment. Payment for striping details, pavement markings, and curb markings shall be included in the lump sum price bid for striping, and no additional compensation will be allowed.
267
SPC20-XX 4-1

CITY OF LYNWOOD
P

UBLIC WORKS DEPARTMENT
_________________________________
P
ART 4 - APPENDICES

PAVEMENT REHABILITATION AT VARIOUS LOCATIONS

4.1 Appendix A – Federal Requirements

4.2 Appendix B – Standard Plans for Public Works Construction (APWA Standards) and City of Lynwood Standards

4.3 Appendix C – Contract Change Order (CCO) Form

4.4 Appendix D – Substitution Request Form

4.5 Appendix E – Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815

4.6 Appendix F – Engineering Plans (Contract Drawings) 268
SPC20-XX 4-2

APPENDIX A
Federal Requirements
269
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A ppendix A-1 Page 1 of 29
July 2022
EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)........ .................................................................... 2 A. NONDISCRIMINATION STATEMENT ............................................................................................... 2 B. CONTRACT ASSURANCE ................................................................................................................ 3 C. PROMPT PROGRESS PAYMENT ..................................................................................................... 3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ........................................ 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS ........................................... 4 F. COMMITMENT AND UTILIZATION ................................................................................................... 5 G. DBE RUNNING TALLY OF ATTAINMENTS ..................................................................................... 6

2. BID OPENING ............................................................................................................................................ 6

3. BID RIGGING ............................................................................................................................................. 6

4. CONTRACT AWARD ................................................................................................................................. 6

5. CONTRACTOR LICENSE .......................................................................................................................... 6

6. CHANGED CONDITIONS .......................................................................................................................... 6 A. DIFFERING SITE CONDITIONS ........................................................................................................ 6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER .......................................................... 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK ........................................................... 7

7. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES ............................... 7

8. BUY AMERICA ........................................................................................................................................... 7

9. QUALITY ASSURANCE ............................... ............................................................................................. 8

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS .................................................. 8

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS .................. 8

12. FEMALE AND MINORITY GOALS .......................................................................................................... 22

13. TITLE VI ASSURANCES ......................................................................................................................... 23

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) ....................................... 27

15. FEDERAL TRAINEE PROGRAM ............................................................................................................ 27

16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES ................................................................................................................. 28 270
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A ppendix A-2 Page 2 of 29
July 2022

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient, or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.

It is the prime contractor’s responsibility to verify at date of bid opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search .

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.

Credit for materials or supplies the prime contractor purchases from DBEs counts toward the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." The prime contractor receives credit toward the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
• A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient, or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient, or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. 271
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July 2022
B. Contract Assurance
Under 49 CFR 26.13(b):

The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, wh ich may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future biddin g as non-responsible.

C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor ’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.

D. Prompt Payment of Withheld Funds to Subcontracto rs
The Agency may hold retainage from the prime contra ctor and shall make prompt and regular incremental acceptances of portions, as determined by the Agenc y, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontrac tor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the o ther two.

Method 1 : No retainage will be held by the Agency from progress payments due to the prime contractor.

Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place onl y for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2 : No retainage will be held by the Agency from progress payments due to the prime contractor.

Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
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Required Federal-Aid Contract Language

Appendix A-4 Page 4 of 29
July 2022
Method 3 : The Agency shall hold retainage from the prime co ntractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after rece iving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the eve nt of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subco ntractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontractor performance, or noncompliance by a subcontractor.

E. Termination and Substitution of DBE Subcontracto rs
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a con dition of executing the subcontract, and the listed DBE fails to meet the Local Agency’s bond requireme nts.

3. Work requires a contractor's license, and listed DBE does not have a valid license under Contractor s License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in c ompliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written no tice from the Contract.

9. Listed DBE is ineligible to receive credit for t he type of work required.

10. Listed DBE owner dies or becomes disabled resul ting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cau se.

The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.

The prime contractor’s request to use other forces or material sources must include: I 273
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Required Federal-Aid Contract Language

Appendix A-5 Page 5 of 29
July 2022

1. One or more of the reasons listed in the precedi ng paragraph.

2. Notices from the prime contractor to the DBE reg arding the request.

3. Notices from the DBEs to the prime contractor re garding the request.

If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must: (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or e xceed the DBE goal; and (2) be certified as a DBE with the most specific available NAIS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor’s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7-day extension of this submittal period at the prime contractor’s request. More guidance can be found at 49 CFR 29 App. A regarding evaluation of good faith efforts to meet the DBE goal.

F. Commitment and Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitmen ts and attainments.

The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid boo k.

This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.

The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE partic ipation is reported. The bidder shall provide written confirmation from each DBE that the DBE is particip ating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and subm itted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontract or as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE) and Exhibit 15-G C onstruction Contract DBE Commitment form unless they receive authorization for a substitution.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1 st -tier subcontractor • Name and business address of each DBE subcontracto r, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each busi ness (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writin g of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon 274
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Appendix A-6 Page 6 of 29
July 2022
work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.

G. DBE Running Tally of Attainments
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10 th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through contract acceptance (Public Contract Code § 10164).

6. CHANGED CONDITIONS
A. Differing Site Conditions

1. During the progress of the work, if subsurface o r latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will inv estigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefi t to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under thi s clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work.

The request shall set forth the reasons and support for such adjustment. 275
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2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract.

The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of SIXTY THREE (63) CALENDAR DAYS after the date shown on the Notice to Proceed.

The Contractor shall pay to the City of Lynwood the sum of $1,000 per day, for each and every calendar day’s delay in finishing the work in excess of the number of calendar days prescribed above.

8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. 276
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Production includes:

1. Processing steel and iron materials, including s melting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, ga lvanizing, and painting, that protects or enhances the value of steel and iron materials.

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program ( QAP) to ensure a material is produced to comply wit h the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 3 0 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsa tisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the Ag ency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

2. Any payment request determined not to be a prope r payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACC ESS ROAD CONTRACTS) [The following 13 pages must be physically inserted into the contract without modification.]

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FHWA-1273 -- Revised July 5, 2022

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Wat er
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds f or
Lobbying
XII. Use of United States-Flag Vessels

ATTACHMENTS

A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower-tier subcontracts (excluding purchase orders, rental agreements, and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement, or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor, or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts, and in lower-tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements, and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor, or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposal documents; however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts, and lower-tier subcontracts (excluding purchase orders, rental agreements, and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment, or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq. ), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60 and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq. ), and related regulations including 49 CFR Parts 21, 26, and 27 and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60, and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, nationa l origin, age, or disability. Such action shall include employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment, and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 279
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within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill
the employment
vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials, and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors and suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.

b. The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include but is not limited to:

(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.

c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendices A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:
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(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on
Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NON-SEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or nation al origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway,
the provisions of this subpart
will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the nationally significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)

a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract, shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:

(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and

(ii) The classification is utilized in the area by the
construction industry; and

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(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, U.S.

Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or

1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.

The Secretary of Labor may require the contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or program.

2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division Website. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
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subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.

(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency, or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees (29 CFR 5.5)

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training
Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
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corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

c. Equal employment opportunity. The utilization of
apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower-tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility (29 CFR 5.5)

a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT

Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such
individual was required or permitted to work in exc ess of the standard workweek of forty hours without payment of the overtime wages required y the clause set forth in p aragraph 1 of this section. 29 CFR 5.5.

* $27 as of January 23, 2019 ( see 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor ;
pursuant to the Federal Civil Penalties Inflation A djustment Act of 1990).

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3. Withholding for unpaid wages and liquidated damages.

The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 29 CFR 5.5.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization. 23 CFR 635.116.

a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower-tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions (based on longstanding interpretation):

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance, and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph 1 of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor sh all furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned, or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract (based on long-
standing interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph 1 is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 636.116(d).

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices, and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance 285
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with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false
representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916 (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)

This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.326.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts, or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. CFR 180.220 and
1200.220.

1. Instructions for Certification – First-Tier Participants:

a. By signing and submitting this proposal, the prospective first-tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first-tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first-tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause or default. 2 CFR 180.325.

d. The prospective first-tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first-tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.

e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First-Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower-Tier Covered Transactions” refers to any covered transaction under a First-Tier Covered Transaction (such as subcontracts). “First-Tier Participant” refers to the participant 286
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who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower-Tier Participant” refers to any participant who has entered into a covered transaction with a First-Tier Participant or other Lower-Tier Participant (such as
subcontractors and suppliers).

f. The prospective first-tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.

g. The prospective first-tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower-Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower- tier covered transactions and in all solicitations for lower-tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300, 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower-tier prospective participants, each participant may, but is not required to, check the System for Award Management website ( https://www.sam.gov/ ). 2 CFR 180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower-tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.

* * * * *

2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First-Tier
Participants:

a. The prospective first-tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800;

(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2 CFR 180.335(d);

(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(6) Are not a corporation with any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2 CFR 180.335 and 180.340.

3. Instructions for Certification – Lower-Tier Participants:

(Applicable to all subcontracts, purchase orders, and other lower-tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.

a. By signing and submitting this proposal, the prospective lower-tier participant is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower-tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated, may pursue available remedies, including suspension and/or debarment.

c. The prospective lower-tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower-tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
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submitted for assistance in obtaining a copy of those
regulations. “First-Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower-Tier Covered Transactions” refers to any covered transaction under a First-Tier Covered Transaction (such as subcontracts). “First-Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower-Tier Participant” refers to any participant who has entered into a covered transaction with a First-Tier Participant or other Lower-Tier Participant (such as subcontractors and suppliers).

e. The prospective lower-tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.

f. The prospective lower-tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower-Tier Covered Transaction," without modification, in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower-tier prospective participants, each participant may, but is not required to, check the System for Award Management website (
https://www.sam.gov/ ), which is
compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower-tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.

* * * * *

Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion – Lower-Tier
Participants:

1. The prospective lower-tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;

(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).

2. Where the prospective lower-tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification shall be included in all lower-tier 288
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Required Federal-Aid Contract Language

Appendix A-20 Page 20 of 29
July 2022
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contacts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA-funded contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR_620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier’s (master) bills-of-lading, certified onboard, dated, with rates and charges. These bills-of-lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor.) 46 CFR 381.7. 289
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

Lynwood City CouncilJune 20, 2023

Lynwood City Council
June 20, 2023