Agenda, first session — Lynwood City Council, August 15, 2023 (part 2 of 4)

CalAPP Attachment 01
APP-22-258
City of Lynwwod
189
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City of Lynwood

California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions

Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets.

1. Background and Authority for this Grant

California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority

Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient’s application to CalAPP.

As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments

a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet.

c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense.

d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform. 190
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• Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.

4. Certification

By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance

During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification

By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following 191
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has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:

1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a).

2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations.

3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:

• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ]

In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act

By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit

The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient 192
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agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works

The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property

As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment

No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law

This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity

In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability

If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver
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No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records

The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

17. Termination Without Cause

The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary

The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms

The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:

• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary

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Exhibit C

CONTACT LIST

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City of Lynwood

California Energy Commission Recipient
Commission Agreement Manager:

Lucio Hernandez
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]

Project Manager:

Edwin Ayala
Assistant Building Official
11330 Bullis Road
Lynwood, CA, 90262
Phone: (310) 603-0220, ext. 255
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814

Administrator:

Gabriel Linares
Director of Community Development
11330 Bullis Road
Lynwood, CA 90262
Phone: (310) 603-0200, ext. 605
e-mail: [email protected]
Invoices, Progress Reports and Non-
Confidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:

Harry Wong
Director of Finance
11330 Bullis Road
Lynwood, CA 90262
Phone: (310) 603-0220, ext. 202
e-mail: [email protected]

Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]

Recipient Legal Notices:

Noel Tapia
Alvarez-Glasman & Colvin
13181 Crossroads Pkwy. North
Suite 400 – West Tower
City of Industry, CA 91746
Phone: (562) 699-5500
e-mail: [email protected]
195
RESOLUTION NO. _____

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING A FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
EDGESOFT, INC. TO PROVIDE SOLAR APP I M P L E M E N T A T I O N WHEREAS, the City of Lynwood awarded a Professional Service Agreement with Edgesoft on February 21, 2023 to implement a new Permitting software system; and WHEREAS, Edgesoft Inc. advisors represents that they are fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the City desires to retain the expertise, knowledge, implementation services, project management support, advisory support provided by Edgesoft to ensure a seamless permitting system.

WHEREAS, this amendment will support and assist with implementation and project management of the solar application, assist with the complexities of incorporating the application with the Lynwood citizens portal and permitting system.

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

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

Section 2. That the Lynwood City Council approve a first amendment to the Edgesoft, Inc. professional services agreement to provide continued implementation services, project management support and advisory support for the installation of the Solar App.

The City Council authorizes the Mayor to execute an amended agreement in a form approved by the City Attorney.

Section 3. The total cost for the services pursuant to the first amendment shall not exceed $31,000 which will be covered from the California Energy Commission Grant of $60,000.

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

Section 5. That this Resolution shall take effect immediately upon its adoption.

Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution. 196
PASSED, APPROVED, AND ADOPTED THIS 15th day of AUGUST 2023. _____________________________________
Oscar Flores
Mayor
ATTEST:

Maria Quinonez,
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________________ ____________________________ Noel A. Tapia, Ernie Hernandez,
City Attorney City Manager
197

AGENDA STAFF REPORT

DATE:

August 15, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Gabriel Linares, Director of Community Community
SUBJECT:

CROSSING GUARD SERVICES CONTRACT
Agenda Item # 9.7.

Recommendation:

Staff recommends the City Council of the City of Lynwood adopt the attached resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR AGREEMENT WITH ALL

CITY MANAGEMENT SERVICES TO PROVIDE CROSSING GUARD SERVICES TO THE CITY OF LYNWOOD.”
Background:

The city currently contracts to provide crossing guard services at designated locations at and around schools throughout the city. All City Management Services (ACMS) is the previous crossing guard service provider and has provided crossing guard services to the City of Lynwood since 2011.

On June 22, 2023, staff issued and advertised a Request for Proposals (RFP) for Crossing Guard Services, as well as solicited interested vendors. The deadline to respond to the RFP was July 24, 2023 in which the city received four (4) proposals: All City Management Services, S1 Eleven Security, Inc, Cross Safe and Citiguard.

Discussion and Analysis:

City Council City Council Regular Meeting 198
After careful consideration of each vendor’s proposal, staff has determined that All City Management (ACMS) is the best service provider qualified to perform and provide crossing guard services and meet the level of service expectations for the City of Lynwood as listed below:
1 .

All City Management - $1,093,199
2 .

S1 Eleven Security - $1,445,190
3 .

Cross Safe - $1,731,280
4 .

Citiguard - $1,923,910

Although several criteria were considered in selecting a service provider, the following were determining factors for the recommendation to continue services with ACMS:

ACMS has provided outstanding crossing guard services for the City for the last twelve years. ACMS is a California based corporation founded in 1985. ACMS is the largest provider of School Crossing Guard services, managing both large and small Crossing Guard programs.

Cost Proposal:

ACMS submitted the most cost-effective proposal of the four vendors.

The total cost for services for the three (3) year agreement is $1,093,199 ($345,227 in Year 1). Overall, the cost of ACMS services will yield a savings of approximately $300K (3-year term of contract) over its competitive bidder.

Project Management and Experience:

ACMS is the industry standard and leading
service provider in providing crossing guard services for local agencies in California.

ACMS has provided crossing guard services for over 25 years and currently over 150 local agencies. They only specialize in providing crossing guard services.

Public Safety:

ACMS exhibits a strong commitment to public safety as the number one priority. They also exhibited advanced emergency strategies and communication plans with the City, School District and Sheriff’s Department.

Staffing and Training:

ACMS is the industry leader in privatizing crossing guard services for local agencies. Their goal is to elevate the level of and accountability for training throughout their organization. Continuing to revise and update training programs, procedures and monitoring results.

Project Management Team:

ACMS excels in their administrative support and project management team in working with cities. ACMS has an experienced management team, City Council City Council Regular Meeting 199
Crossing Guard Agreement 2023-24.docx
City of Lynwood RFP - ACMS Response Final 7.20.23.pdf
S1 Eleven Security.pdf
Cross Safe Proposal (California Lynwood RFP Final).pdf
Citiguard.pdf
Resolution - Crossing_Guard Agreement.docx
advanced technical support, full acclimation and training resources.

Fiscal Impact:

The approval of the attached resolution will authorize the Mayor to enter into an agreement with ACMS in the amount of $1,093,199 at the follow yearly pay schedule: Year One:
$345,227, Year Two: $364,045 and Year Three: $383,927. Professional crossing guard services budget of $345,227 is included in the FY24 adopted budget.

Coordinated With:

City Manager's Office
City Attorney
Finance
ATTACHMENTS:

Description
City Council City Council Regular Meeting 200
1 SERVICE AGREEMENT

BETWEEN

THE CITY OF LYNWOOD AND

ALL CITY MANAGEMENT SERVICES (ACMS)
This agreement (“Agreement”) is made as of August 15, 2023, by and between the City of Lynwood (“City”), a public body, corporate and politic, and All City Management Services (ACMS) ("CONTRACTOR"). City and CONTRACTOR are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S
WHEREAS, City desires to utilize the services of CONTRACTOR as an independent contractor to provide crossing guard services to City as set forth in the attached Exhibit A; and
WHEREAS, CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

1. CONTRACTOR'S Services.

A. Scope of Services. The nature and scope of the specific services to be performed by CONTRACTOR are as described in Exhibit A.

B. Time of Performance. CONTRACTOR shall complete the specific services according to the schedule of performance, which is also set forth in Exhibit A.

2. Term of Agreement.

This Agreement shall be for a term of three (3) years commencing August 15, 2023 (the “Commencement Date”) and terminating on June 30, 2026 (the “Termination Date”), unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

A. City agrees to compensate CONTRACTOR for services under this Agreement in compliance with the schedule set forth in Exhibit A. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each service. The CONTRACTOR shall maintain appropriate and 201
2 necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request. City shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the date they are received; however, CONTRACTOR acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. City shall not be responsible to CONTRACTOR for any additional charges, interest or penalties due to a failure to pay within such period.

B. Total payment to CONTRACTOR pursuant to this Agreement shall not exceed $1,093,199 at the following yearly pay schedule: (Year One: $345,277, Year Two:
$364,045, Year Three: $383,927), which shall be payable as set forth in the Compensation Schedule in the attached Exhibit A.

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

5. Addresses.

City:

City of Lynwood
City Manager’s Office
11330 Bullis Road
Lynwood, California 90262
Attention: City Manager
CONTRACTOR:

All City Management Services
P.O. Box 847436
Los Angeles, California 90084-7436
Attention: Demetra Farwell

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

Exhibit A – Scope of Services, Time of Performance, Compensation Schedule Exhibit B – General Terms and Conditions
(Signature on the Next Page)
202
3 IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. “Contractor”

ALL CITY MANAGEMENT SERVICES
Date:______________ ________________________________
By: Demetra Farwell
Director of Administrative Services
“City”

CITY OF LYNWOOD
Date:______________ ________________________________
Oscar Flores, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AS TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager 203
4 EXHIBIT A

SCOPE OF SERVICES, TIME OF PERFORMANCE

AND COMPENSATION SCHEDULE

1. Scope of Services
ACMS shall provide professional services for an out-sourced Crossing Guard Program for the City. ACMS shall agree to perform school crossing guard services for the City within the City limits. The scope of work shall be performed as follows:
a. ACMS will monitor, supervise, and assure the safety of all schoolchildren that utilize intersections and crosswalks while moving to and from school zones. b. ACMS will provide an estimated 12,015 hours per year of crossing guard services by qualified adult crossing guards approved by the City during the pre-determined time periods at specific locations throughout the City. The estimated hours above are calculated based on multiplying the following factors: annual number of hours per day, annual school days, number of location covered per day and number of crossing guards per day. However, ACMS is required to staff the crossing guard positions whenever the schools modify their schedules to accommodate the academic needs of their students but shall not exceed 12,015 hours annually.
c. New locations may be added at the City’s request and ACMS will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location within a 24 hour written notice. d. ACMS will provide all administrative duties associated with the Crossing Guard Program in the City.
e. ACMS will be required to provide for the supervision of all employees associated with conducting the Crossing Guard Program; including the recruitment, hiring, discipline, and termination of employees.
f. ACMS will provide all facilities, vehicles and other associated equipment related to conducting the Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo identification badges. g. ACMS shall provide all employees with equipment that complies with all applicable laws and established safety standards.
h. ACMS shall arrange and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. ACMS shall contact the Public Safety Division if a position cannot be filled by ACMS. 204
5 i. ACMS shall be responsible to coordinate with the affected schools and the Lynwood Unified School District to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm.
j. ACMS shall provide all of the required training for employees selected to be crossing guards.
k. ACMS shall certify that all employees selected to perform duties of a crossing guard in the City have never been convicted of a felony for violent crimes, a felony for crimes against a minor, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre-Employment Screening Program that includes:
i. An employment reference check
ii. A criminal background check and a fingerprint check iii. A drug and alcohol screening test
iv. Social Security verification
v. Only documented, authorized ACMS employees are eligible to work or permitted on or in City facilities (verification of the INS-9 forms must be provided to the City upon request)
l. Any employee whose conduct is not satisfactory, as determined by the City, shall be removed from providing crossing guard services in the City. m. ACMS shall investigate all public complaints concerning crossing guard services. In the event a complaint, ACMS shall contact the Public Safety Division at 310-603-0330, ext. 271 to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. ACMS shall furnish a written report of the incident to the Public Safety Division within five (5) business days after the occurrence. n. ACMS shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location.

These records will be made available for inspection and audit by the City at any time. o. ACMS shall keep records of performance measures established by the City and shall provide a report each month on how actual performance measures stack up against target performance measurer.

2. Time of Performance
This Agreement shall commence August 15, 2023 (the “Commencement Date”) and shall terminate on June 30, 2026 (the “Termination Date”), unless sooner terminated pursuant to the provisions of this Agreement. Services performed should correspond with school year schedule of each year in Agreement.
205
6 3. Compensation Schedule
ACMS agrees to perform and provide crossing guard services to the City of Lynwood at a “not to exceed” amount of $1,093,199 at the following yearly pay schedule: (Year One:
$345,277, Year Two: $364,045, Year Three: $383,927).

ACMS shall submit monthly invoices for all services performed and rendered to the City.

City will pay ACMS in accordance with the City’s warrant run schedule and will endeavor to submit payment within thirty (30) days or less.
206
7 EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor
A. Contractor is, and shall at all times remain as to CITY, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any Contractor’s employees except as set forth in this Agreement. Contractor shall not, at any time, or in any manner represent that it or any of it agent or employees are in any manner agents or employees of City.

B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a-wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney’s fees, arising out of such audit and any appeals relating thereto.

C. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker’s compensation law. City Agreement any amount due to City from Contractor as a result of Contractors failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.

2. Standard of Performance
A. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or his/her designee may from time to tome assign additional or different tasks or services to Contractor, provided such tasks or services described in Exhibit A.

However, no additional or different tasks or services shall be performed by Contractor other than those specified in Exhibit A, or those so assigned in writing to Contractor by the City Manager or his/her designee.

B. The City shall, until further notice to Contractor, administer this Agreement and provide immediate supervision of Contractor with respect to the services to be provided hereunder.
207
8 3. Indemnification
A. Contractor is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Contractor to perform said services and duties.

B. City and its elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, “Indemnitees”) shall have no liability to Contractor or any other person for, and Contractor shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgment, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (individually, a “Claim” and collectively “Claims”), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the Contractor’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, subcontractors, subcontractor or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s negligence or willful acts or omissions.

Notwithstanding anything in this section to the contrary, however, in the event that a court determines that liability for any Claim s was caused or contributed to by negligent act, error, omission or willful misconduct of the City, liability will be apportioned between Contractor on the one hand and City on the other hand with regard to such loss based upon the parties’ respective degrees of culpability, as determined by the court or jury, and Contractor’s duty to indemnify City, its officers, agents, employees will be limited accordingly.

C. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub- consultant or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required in this Section, Contractor agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligation on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein survive termination of this Agreement for a period of four years and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence of any insurance coverage that may have been required under this Agreement, or any additional insured endorsements, which may extend to City.

4. Insurance
I. Without limiting Contractors indemnification of Indemnitees pursuant to Section 3 of this Agreement, Contractor shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:

II. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs 208
9 must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate.

III. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

IV. Workers’ Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses.

A. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.

B. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best’s rating of no less than A.VII.

C. All insurance policies shall provide that the insurance coverage shall not be non- renewed, cancelled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days’ prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to “Risk Manager”, City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

D. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker’s compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitle “Additional Insured Endorsement”.

E. The Contractor’s insurance shall be primary as respects the City, its offices, officials, employees and volunteers. Any insurance or self-insurance or self-insured maintained by the City, its officers, officials, employees and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

F. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted at the option of City, from payments due Contractor.
209
10 5. Confidentiality
Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon termination of this Agreement Contractor’s covenant under this section shall survive the termination of this Agreement.

6. Ownership of Work Product
All reports, documents or other written material developed by Contractor in the performance of this Agreement shall be and remain the property of City without restriction of limitation upon its use or dissemination by City. Such material shall not be subject of a copyright application by Contractor.

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

B. Contractor covenants not to give or receive, or promise to give or receive, any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Contractor.

Contractor’s covenant under this section shall survive the termination to thisAgreement.

8. Termination
City may terminate this Agreement with or without cause upon thirty (30) days’ written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination . Contractor agrees that in the event of such termination, City’s obligation to pay Contractor shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City.

9. Personnel
Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under its supervision, and all personnel engage in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance 210
11 of Contractor’s services under this Agreement, but City reserves the right (for good cause) to require Contractor to exclude any employee from performing services on City’s premises.

10. Financial Condition
Prior to entering into this Agreement, Contractor has submitted documentation acceptable to the City Manager or his designee, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Contractor shall submit such financial information as may be appropriate to establish hot the satisfaction of the City Manager or his designee that Contractor is in at least as sound a financial position as was the case prior entering into this Agreement. Financial information submitted to the City Manager or his designee shall be returned to Contractor after review and shall not be retained by City.

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

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

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

13. Performance Evaluation
For an Agreement in effect for twelve months or longer, a written annual administrative performance evaluations shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during 211
12 the review period either orally or in writing, shall be considered. City shall meet with Contractor prior preparing the written report. If any noncompliance with the Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.

14. Compliance with Laws
Contractor shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulation that in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out- of-state corporation or LLC, it must be qualified or registered to do business in the state of California pursuant to sections 2105 and 17451 of California Corporations Cod. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section.

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

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

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

18. 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 (b) on the third day business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time , designate in writing pursuant to the provisions of this section.

19. Governing Law
This Agreement shall be interpreted, construed and enforce in accordance with the laws of the State of California.
212
13 20. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

21. Severability
If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.

22. Entire Agreement
This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision of breach hereof waived, except in a writing signed by the Parties, which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the appropriate officer of the City as set forth in subsection 6-3.1 et seq. of the Lynwood Municipal Code and attested by the City Clerk.

23. Authority
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
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Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc

PROPOSAL
In Response To:

Request for Proposal
For
Crossing Guard Services – City of Lynwood, CA
SubmiEed by:

S1 Eleven Security, Inc
Submittal Due Date: July 24th, 2023 at 5:00 PM
1 246
Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc S1 ELEVEN SECURITY , INC. PPO#121163 - CA (SB) CERT. #2017901

S1 Eleven Security, Inc.
940 S. Coast Drive #220
Costa Mesa, CA 92626
E: [email protected]
PH: 800-754-7551 - 714-884-4490
James Dickerson — Owner/Operations
E: [email protected]
PH: 949-844-0682

i. Introduction
Thank you for your time in reading our proposal.

S1 Eleven Security, is highly interested w/ working w/ the City of Lynwood to provide top-tier crossing guard service and clearly understands the scope of work as required. S1 Eleven Security specializes in providing top-rated security services to our clients.

This proposal shall remain valid for a period of no less than 90 days from submittal. 2 247
Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc ii. Training

S1 Eleven Crossing Guard Safety Training Program is a comprehensive initiative designed to educate and equip crossing guards with the necessary knowledge and skills to ensure the safety of pedestrians, particularly school children, at designated crossings.

The program typically involves the following components:
•Curriculum: The training program includes a structured curriculum covering various aspects of crossing guard duties, such as traffic rules, pedestrian safety, and effective communication. •Traffic Regulations: Crossing guards are educated about local traffic laws and regulations, as well as the specific rules related to school zones and pedestrian crossings. •Hazard Identification: The training helps crossing guards identify potential hazards, such as blind spots, busy intersections, and potential risks to pedestrians. •Communication Skills: Crossing guards are taught effective communication techniques to convey instructions to pedestrians and drivers clearly and confidently. •Emergency Preparedness: The program may include training on handling emergency situations, such as traffic accidents or medical incidents, to ensure the safety of all individuals involved. •Personal Safety: Crossing guards are educated on personal safety practices, including proper use of safety equipment like reflective vests and stop signs.
•Role-playing Exercises: Practical exercises and role-playing scenarios are often included to simulate real-life situations and improve decision-making skills. •Hands-on Training: Practical on-the-job training is provided, where crossing guards work alongside experienced mentors to gain practical experience.
•Continuing Education: The program may offer ongoing refresher courses and workshops to ensure that crossing guards stay up-to-date with the latest safety practices and regulations. •Collaboration with Local Authorities: The training program often collaborates with local law enforcement and traffic management agencies to ensure consistency and adherence to regional safety guidelines.

By providing comprehensive training, the Crossing Guard Safety Training Program aims to enhance the effectiveness and confidence of crossing guards in their critical role of ensuring pedestrian safety at designated crossings.

The materials include:
•Training Manuals: Comprehensive manuals covering traffic regulations, pedestrian safety guidelines, communication techniques, and emergency procedures.
•Visual Aids: Infographics, videos, and presentations to demonstrate traffic scenarios, safe crossing techniques, and proper use of safety equipment.
•Role-playing Materials: Scenarios and scripts for role-playing exercises to help crossing guards practice handling various situations.
3 248
Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc •Safety Equipment Samples: Samples of safety equipment, such as reflective vests and stop signs, to familiarize crossing guards with their proper use.
•Interactive Simulations: Computer-based or virtual simulations that allow crossing guards to experience different traffic scenarios in a controlled environment.

Testing and Evaluation:

To assess the competency of crossing guards, the training program includes testing and evaluation components. These include written exams, practical assessments of crossing procedures, and situational role-playing exercises. The testing process ensures that crossing guards have a solid understanding of traffic rules, pedestrian safety, and their responsibilities.

The period of time for re-testing and re-evaluation of existing crossing guards can vary depending on local regulations, policies, and the organization responsible for overseeing crossing guard operations.

It is essential to establish a regular evaluation schedule to ensure the crossing guards continue to meet the required standards and maintain their effectiveness in ensuring pedestrian safety.

Typically, crossing guards undergo periodic re-testing and re-evaluation to ensure they are still capable of performing their duties correctly. The specific time frame for re-testing can range from yearly to every few years, depending on the local authorities' preferences and available resources.

Total Training Hours:

The total number of training hours required to assign a crossing guard to a school location can vary based on the specific program and local regulations. On average, a Crossing Guard Safety Training Program may span between 10 to 20 hours of instruction, including both classroom training and hands-on practice. Some training programs might be more extensive, depending on the complexity of the area’s traffic conditions and safety concerns.

The training hours may be spread over several days or conducted in a condensed format, depending on the scheduling preferences and availability of the crossing guards. The goal is to provide adequate training to ensure that crossing guards are well-prepared to fulfill their crucial role in ensuring pedestrian safety at school crossings.

Factors we consider when re-evaluating:
•Incident history: We analyze the performance and incident history of individual crossing guards. If there have been recurrent issues or incidents, more frequent evaluations may be required. •Performance reviews: We conduct regular performance reviews for crossing guards to assess their overall effectiveness and identify areas for improvement. •Changes in duties or locations: If crossing guards are assigned to different intersections or if their duties change significantly, a re-evaluation may be warranted. •Feedback from the community: Take into account feedback from the public, school staff, and law enforcement about the crossing guards' performance.

By establishing a well-defined re-testing and re-evaluation schedule, you can ensure that crossing guards remain competent and continue to provide a safe environment for pedestrians. Always prioritize the safety of children and pedestrians when making decisions related to crossing guard evaluations. 4 249
Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc iii. Staffing
The Project Manager assigned to this role will be James Dickerson. W/ military and over 20 years of diverse security/management experience. The Project Manager grew up in the city as well has been employed at local elementary’s and understands the demographics and requirements of children safety. S1 Eleven Security plans on hiring local guards as well as a city-familiar supervisor which shall be determined and immediately informed to the city when hired.

Staffing locations plan:

S1 Eleven Security, is to ensure that all designated crossing guard positions are adequately staffed during the times specified by the City. The plan will also address policies for handling situations where an assigned crossing guard fails to report for duty, ensuring the safety and well-being of pedestrians, especially school children, at all designated crossing location Recruitment and Training:
•Regular Recruitment Drives: S1 Eleven Security, will conduct regular recruitment drives to attract potential crossing guard candidates from the local community and through online channels. •Background Checks: All potential candidates will undergo thorough background checks to ensure their suitability for the role.
•Comprehensive Training: Selected crossing guards will receive comprehensive training, including safety protocols, traffic management, and effective communication. •Scheduling and Shift Management: S1 Eleven Security utilizes a centralized scheduling system that manages the assignment of crossing guards to specific locations and shifts. •Communication Protocol: S1 Eleven Security plans to establish a clear communication protocol to inform crossing guards of their scheduled shifts in advance, preferably at least one week before the start of the shift.
•Redundancy Planning: Standby Reserve: S1 shall maintain a reserve pool of trained crossing guards who can step in on short notice to cover unforeseen absences or vacancies.

Communication with Crossing Guards:

Dedicated Point of Contact:
•Designated point of contact: (e.g., our supervisor) is to be available to answer any queries or concerns from crossing guards.
•Regular Reminders: S1 shall send regular reminders to crossing guards about their scheduled shifts and the importance of timely reporting.
•Absence Reporting and Replacement Process: Absence Notification: S1 shall require crossing guards to report any absences as early as possible, ideally at least two hours before the start of their shift. 5 250
Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc •Absence Protocol: In case of an absence, the crossing guard must contact the designated point of contact to report the situation.
•Replacement Process: The designated point of contact will immediately initiate the replacement process by contacting available reserve crossing guards or nearby staff who can cover the vacant position.
•Performance Monitoring and Incentives Performance Evaluation: S1 shall implement regular performance evaluations to assess the effectiveness and dedication of crossing guards. •Recognition and Incentives: We Recognize outstanding performance and dedication through various incentives or rewards to boost morale and commitment.

Public Awareness and Support:
•Awareness Campaigns: We plan on conducing public awareness campaigns to educate the community about the importance of crossing guards and their role in ensuring pedestrian safety. •Community Involvement: We’ll encourage community involvement and support for the crossing guard program through partnerships with local schools, parent-teacher associations, and community organizations.

Continuous Improvement:
•Feedback Mechanism: Establish a feedback mechanism for crossing guards and the public to share suggestions and concerns related to the program's effectiveness. •Regular Review: Conduct periodic reviews of the staffing plan and policies to identify areas for improvement and make necessary adjustments.

By implementing this comprehensive plan, the City of Lynwood can ensure that all designated crossing guard positions will be properly staffed during specified times, prioritizing the safety and well- being of pedestrians and school children in the community. S1 Eleven Security has a team of dedicated professionals who information shall be provided along with the list of crossing guards we hire. iv. Subcontractors

No subcontractors.

6 251
Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc v. Qualifications and Experiences

S1 Eleven Security’s, capability ensures that the defined tasks and responsibilities outlined in the Scope of Services are executed effectively and in compliance with relevant laws and regulations.

Here's how this ability will be achieved:
•Expertise and Knowledge: The dedicated team that S1 Security assigns to this assignment shall be responsible for carrying out the Scope of Services and will possess the necessary expertise and knowledge in their respective fields. They’ll be well-versed in the specific requirements of City, State, and Federal regulations relevant to the project.
•Understanding of Scope: S1 Eleven Security, clear understanding of the Scope of Services is essential.

This involves comprehending the objectives, deliverables, and timelines specified in the scope document.
•Compliance Monitoring: S1 regular monitoring and review of the project's progress ensure that all activities align with the established scope and comply with relevant regulations. This includes tracking any changes in regulations and adapting accordingly.
•Documentation: Accurate and thorough documentation of all activities is crucial our business approach. This involves maintaining records, reports, and other relevant documentation to demonstrate adherence to regulations and the Scope of Services.
•Quality Control: Implementing quality control measures helps identify and rectify any deviations from the Scope of Services and ensures that the project maintains a high standard of performance. •Training and Awareness: Keeping the team updated on changes in regulations and providing appropriate training ensures that everyone involved is aware of their responsibilities and obligations. •Communication and Collaboration: Effective communication among team members, and regulatory authorities is vital for successful execution. Collaboration helps address any challenges and ensures a unified approach to compliance.
•Continuous Improvement: Emphasizing a culture of continuous improvement allows the team to learn from experiences and make necessary adjustments to optimize efficiency and compliance.

By efficiently performing the Scope of Services and adhering to City, State, and Federal regulations, organizations and projects can mitigate risks, maintain accountability, and deliver successful outcomes in line with legal requirements and stakeholder expectations.

S1 Eleven Security Inc., established in 2021 and made up of elite security personnel with years of diversified security experience. W/ many state and federal contacts coming due, S1 Eleven Security plans on becoming an industry leader in security in the coming years. 7 252
Proposal for Crossing Guard Service - City of Lynwood Submi<ed by: S1 Eleven Security, Inc vi. Schedule of Implementation
After the contract is awarded, there may be an initial period for administrative tasks and finalizing the agreement, which could take a few days to a couple of weeks. •Recruitment and Hiring: Once the staffing needs are identified, the recruitment and hiring process begins. This involves advertising the positions, conducting interviews, and performing background checks. The duration for this step can range from a few weeks to a month or more, depending on the number of vacancies and the availability of qualified candidates. •Training Program Development: The organization will design the Crossing Guard training program, incorporating local, state, and federal regulations, and tailoring it to the specific needs of the locations.

This process might take a few weeks.
•Training Implementation: The actual training of Crossing Guards can last anywhere from a few hours to a few days, depending on the depth of the curriculum and the complexity of the locations. •On-the-Job Training: After the initial training, newly hired Crossing Guards may undergo on-the-job training, where they work alongside experienced guards to gain practical experience. This period may last a few days.
•Deployment: Once the training is complete, Crossing Guards can be deployed to their respective locations. The time taken for deployment will depend on the number of locations and the availability of trained personnel.

Overall, the timeline from the award of the contract to having all locations staffed with trained Crossing Guards can range considering the various steps involved in recruitment, training, and deployment. It's essential to balance the need for efficiency with the thoroughness of the training process to ensure the safety and effectiveness of the Crossing Guards. viii. References

Franchise Tax Board, Sacramento, CA - Anthony, Fortunato JR - 559-676-6714 Beach Soccer Championships, Oceanside, CA - Frank Zimmerman - 760-802-1452

Department of Parks and Rec. - San Diego State Historic Park

City of San Fransisco -

Federal Govt. Shasta Dam -

8 253
DUE DATE: JULY 24, 2023 @ 5PM (PDT)
21 ATTACHMENT C

COST PROPOSAL FORM

HOURLY WAGE BREAKDOWN
Crossing Guard
(Hourly Wage Rate to the Employee) $

9 TOTAL ANNUAL COST OF CROSSING GUARD
PROGRAM BILLED TO THE CITY (ADD ITEMS 1-8)
(YEAR 1) $
10 TOTAL ANNUAL COST OF CROSSING GUARD

PROGRAM BILLED TO THE CITY
(YEAR 2) $
11 TOTAL ANNUAL COST OF CROSSING GUARD

PROGRAM BILLED TO THE CITY
(YEAR 3) $

TOTAL 3-YEAR COST BILLED TO THE CITY
(ADD ITEMS 9,10 AND 11) $

Year 1: 19/hr — Year 3: 21/hr
5,400
4500
7,020
43,845.86
22,500
292,450.18
73,844
449,560.04
481,730.28
513,900. 35
1,445,190.67
254

California School Crossing Guard Training Guidelines 11 California School Crossing Guard Field Assessment Tool
Crossing Guard Candidate Name: ______________________________________________ Date: ______________ Crossing Guard Trainer/Observer Name: ______________________________________________________________ Practical Training or Field Assessment: Practical Training _____________________________________ Field Assessment ______________________________________ Assessment Area Satisfactory (S) or
Unsatisfactory (U)
Comments or Notes

1. The Crossing Guard is wearing the appropriate
uniform.

2. The Crossing Guard is utilizing the proper
equipment.

3. The Crossing Guard demonstrates
understanding of school crossing signs,
crosswalk markings, and traﬃc signals.

4. The Crossing Guard appears alert, attentive
to potential hazards in or near the crossing
location, and concerned with the overall safety
of pedestrians.

5. The Crossing Guard is not engaging in any
distracting behaviors.

6. The Crossing Guard makes sure student
pedestrians remain on the sidewalk until they
are told to cross.

7. The Crossing Guard is able to /f_ind a gap in
traﬃc before entering the crosswalk.

8. The Crossing Guard makes sure no vehicles
are coming or that all oncoming vehicles have
stopped before instructing student pedestrians
that they may cross.

9. The Crossing Guard remains in the crosswalk
until all of the students have safely crossed the
roadway.

10. The Crossing Guard keeps the STOP paddle and
other hand (with an upraised palm) raised for
the entire time they are in the crosswalk.
255
S1 Eleven Security, Inc.

Proﬁt&Loss Statement
2023 prior year
Revenue
Security-Sales Revenue $198,000.00 $18,910.00
Service Revenue - -
Interest Revenue - -
Gain of Sales of Assets - -
Total Revenue & Gains $192,684.00 $18,910.00
Expenses
Advertising (Yelp) (Google) $1,100.00 $200.00 Delivery/Freight Expense - -
Depriciation - -
Insurance $3,300.00 $,1680
Interest - -
Ofﬁce Supplies $900.00 $350.00
Rent/Lease $12,000.00 $,2440
Maintenance and Repairs $600.00 $100.00
Travel (Gas) $1,800.00 -
Wages $128,700.00 $12,480.00
Utilities/Telephone Expenses $840.00 $320.00
Other Expenses $790.00 $90.00
Total Expenses $150,030.00 $13,540.00
Income before tax $42,654.00 $5,370.00
Income tax expense
Net Proﬁt (Loss) $42,654.00 $5,370.00
1 256
James Dickerson
Costa Mesa, CA
P: (949) 844-0682
E:[email protected]
Professional Summary
Effective team leader w/ years of security/management experience working closely with diversified-staff. Skilled technician effective to perform many tasks with little to no supervision.

Skills
•Management and Leadership
•Communications
•Negotiations
•Priorities setting
•Evaluating Information
•Planning and Decision-making
•Budget
•Report writing
•Inventory control
•Active listening
Professional Experience
S1 Eleven Security, Inc. — Operations 2021-Present

- Negotiate security contracts.
- Recruit, hire and train employees for security placement. - Manage and supervise in-the-field security-staff.
- Coordinate daily business transactions.
- Inventory control and uniform requirements.
- Implement policies and strategies to improve efficiency levels. - Communicate with clients addressing security concerns. - Create policies to ensure client safety and satisfaction. - Manage and safely file documents related to operations. 257
Beach Cities investigative, — Security Manager 2013-2020 - In field supervisor
- Responsible for client and guard morale.
- Responsible for guard uniforms and equipment.
- Supervisor for the Coachella music festival (2015,2017, 2019)

Big 5 Sporting Goods, — Shift Manager 2010-2012
- Store manager responsible for customer service.
- Assisted employees and customers w/ requests.
- Assisted general manager w/ inventory stock.

Certifications:

Private Patrol Operator (PPO) — Certificate of Accomplishment (ACC), Athletic Coaching Education and Training
El Camino College • Associate Degree • Biological Science • CSUF • Kinesiology • B.A 258
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297
Response to:

RFP: FOR PROFESSIONAL CROSSING GUARD SERVICES
July 20, 2023
Howard Fridkin,
Senior Security Consultant
Citiguard, inc
22736 Vanowen St., Ste. 300
West Hills, CA 91307
Gabriel Linares,
Director of Community Development
City of Lynwood
11330 Bullis Road
Lynwood, California 90262
Dear Mr. Linares:

I am writing to express my sincere gratitude for the opportunity that you have given Citiguard, Inc. to present our Crossing Guard Services proposal to you. We deeply appreciate this chance to serve your imperative needs and value your consideration.

At Citiguard, we recognize the responsibility that comes with providing effective and comprehensive Crossing Guard duties for the designated City of Lynwood elementary and middle schools. Our dedicated team is committed to safeguarding these locations, as well as the students, parents, staff, and pedestrians without exception.

Citiguard will prioritize safety and security for the City of Lynwood schools through key elements. Our resources include reserve personnel to cover unpredictable absences. We conduct thorough background investigations for all our security personnel. Our Crossing Guards undergo annual physical and mental health evaluations, are bilingual, and are proficient in English. Your assigned Site Supervisor will oversee personnel, training, scheduling, safety inspections and addresses any issues. The Site Supervisor will conduct periodic inspections and submit a monthly management report to the City. Our Crossing Guards' responsible duties will be halting vehicles, maintaining order, reporting violations, and educating children about traffic safety. They will be equipped with a hand-held stop sign, a brightly colored traffic safety vest, and a yellow rain suit for inclement weather, ensuring minimal risks and hazards in their essential service.
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We highly value strong partnerships at Citiguard and are excited about the prospect of establishing a harmonious association with the City of Lynwood, just as we have successfully done with Life Pacific University and Temple Beth Am. We pledge to earn your trust and confidence by consistently demonstrating our professional work ethics and diligence, which will be demanded of us. And we are always delighted to inform potential clients that Citiguard never utilizes subcontractors for any of its security guard services, and we have never defaulted or been terminated from a contract in our 16 years of service. The contents of the proposal will remain effective for a period of not less than ninety (90) days, and if awarded the contract, Citiguard guarantees the Crossing Guard Program will be in place by the start of the school year.

Thank you once again for considering Citiguard, inc. We look forward to the opportunity to collaborate and provide exceptional Crossing Guard Services that prioritize safety and security.

Best Regards,
Howard Fridkin
Sr. Security Consultant
Authorized to execute documents on behalf of Citiguard, inc.

Tel: 800-613-5903
Email: [email protected]
Sami Nomair,
President
Authorized to execute documents on behalf of Citiguard, inc.

Tel: 800-613-5903
Email: [email protected]
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TABLE OF CONTENTS
APPROACH TO SCOPE OF SERVICES………………………………………………1 - 10
 IMPLEMENTATION PLAN………………………………………………..2 - 4
 DESCRIPTION OF EFFORTS………………………………………………..4
 PROJECT SCHEDULE……………………………………………………4 - 8
 SPECIFIC TASKS..............................................................................9 - 10 COMPANY HISTORY……………………………………………………………………10 - 11
TRAINING…………………………………………………………………………………11 - 12
STAFFING………………………………………………………………………………...13 - 17
 STAFFING PLAN…………………………………………………………16 - 17
QUALIFICATIONS AND EXPERIENCE………………………………………………18 - 22
RELEVANT EXPERIENCE……………………………………………………………..22 - 24
SCHEDULE OF IMPLEMENTATION………………………………………………….24 - 25
REFERENCES…………………………………………………………………………..25 – 27
COST PROPOSAL FORM (Attachment C) Attached to the END of this RFP response. 300
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APPROACH TO SCOPE OF SERVICES
Our comprehensive plan to ensure the safety and well-being of students, staff, and pedestrians during school hours is based on the following strategic process, which Citiguard has especially implemented for Crossing Guard Services:

Needs Assessment: We conduct a thorough needs assessment of each school location. This involves assessing the layout of the school premises, identifying high-traffic areas, evaluating existing safety measures, and understanding the specific needs and challenges of each school.

Risk Analysis: A comprehensive risk analysis is conducted to identify potential hazards and risks associated with pedestrian traffic, vehicular traffic, and other factors that could compromise safety. This analysis helps in determining the appropriate security measures and strategies to mitigate those risks.

Planning and Staffing: Based on the needs assessment and risk analysis, Citiguard will develop a customized security plan for each school location. This plan includes the number of Crossing Guards required, their deployment locations, and the specific tasks they need to perform. We ensure that there will be ample trained Crossing Guards available to cover all necessary crossing points at the designated times.

Recruitment and Training: Our Crossing Guards undergo a rigorous screening process that includes background checks, interviews, and reference verifications. Once hired, the guards receive specialized training in traffic control, pedestrian safety, conflict resolution, emergency response procedures, and school policies and protocols.

Equipment and Uniforms: Citiguard provides the necessary equipment and uniforms to our Crossing Guards. This includes high-visibility vests, handheld stop signs, whistles, two-way radios, and other relevant safety gear. The guards are instructed on the proper use and maintenance of the equipment.

Deployment and Scheduling: Your “Key Personnel” will establishes a schedule for your Crossing Guards, ensuring adequate coverage during peak traffic times, such as morning drop- off and afternoon pick-up. Guards are deployed at designated crossing points to assist pedestrians, manage vehicular traffic, and ensure safe passage for students and staff.

Traffic Control: Crossing Guards will be responsible for controlling traffic flow at designated crosswalks and intersections. They use hand signals, stop signs, and other traffic control techniques to guide pedestrians and vehicles safely across the road. 301

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They also monitor traffic conditions, identify potential hazards, and take appropriate actions to maintain a safe environment.

Emergency Response: Our Crossing Guards are trained to handle emergencies effectively.

They are familiar with emergency evacuation procedures, first aid, and CPR. In the event of an emergency, such as a fire drill or medical incident, Crossing Guards assist in the orderly evacuation of students and provide support as required.

Communication and Collaboration: We maintain regular communication with school administrators, staff, and local authorities to address any security concerns or incidents promptly. We also collaborate closely with school officials to align their services with the school's policies and procedures.

Ongoing Evaluation and Improvement: Citiguard regularly evaluates the effectiveness of our Crossing Guard Services. We conduct site inspections, review incident reports, and seek feedback from school administrators, Crossing Guards, and the community. Based on these evaluations, we make necessary adjustments to their approach, training programs, or staffing levels to continually improve the security services provided.

 IMPLEMENTATION PLAN

Citiguard's implementation plan for managing Crossing Guard projects involves a systematic approach that incorporates various methods, controls, and strategies to ensure the smooth execution of the services. Citiguard recognizes the importance of engaging internal and external stakeholders throughout the project. This includes school administrators, local authorities, parents, students, and the community. We employ various methods to solicit and document their views, such as organizing meetings and workshops to gather stakeholder input.

These sessions allow open discussions, addressing concerns, and understanding each stakeholder group's specific needs and expectations. We also conduct surveys and feedback sessions to gather structured input from stakeholders. This helps collect quantitative and qualitative data on their perceptions, preferences, and suggestions related to Crossing Guard Services.

Citiguard establishes effective communication channels, such as dedicated helplines, email addresses, and online platforms, to encourage stakeholders to share their views, report incidents, and seek assistance.
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These channels facilitate ongoing engagement and ensure that stakeholder concerns are promptly addressed. Our dependable management techniques provide the successful implementation of Crossing Guard Services. We develop a comprehensive project plan that outlines the goals, objectives, timelines, and deliverables of the Crossing Guard project. This plan is a roadmap for all project activities and guarantees a structured and organized approach.

Citiguard carefully allocates resources, including human resources, equipment, and technology, based on the specific requirements of each school location. The company ensures adequate Crossing Guards and necessary equipment are available at each designated crossing point. We constantly improve our risk management practices to identify and mitigate potential risks and challenges associated with Crossing Guard Services. This includes conducting risk assessments, developing contingency plans, and continuously monitoring and evaluating the risks throughout the project lifecycle. This involves regular inspections, performance evaluations, and adherence to industry standards and best practices. Any deviations or deficiencies are identified and promptly addressed to maintain service excellence.

Citiguard maintains comprehensive documentation of all project activities, including stakeholder engagement, incident reports, training records, and service delivery. Regular reporting ensures transparency and accountability in the implementation process.

Citiguard’s award-winning service has always been attributed to our comprehensive training program, which enables us to offer the City of Lynwood nothing short of competence and effectiveness in the performance of our Crossing Guards for the utmost safety of your schools. They undergo initial training that covers traffic control techniques, pedestrian safety, conflict resolution, emergency response procedures, and relevant local regulations. This highly informative training enforces the reliability needed to uphold the skills and knowledge required to perform their duties to their fullest capabilities. And we don’t stop there. We provide continuous professional development opportunities to our Crossing Guards as well.

This includes regular refresher courses, workshops, and training sessions to enhance their skills, keep them updated on best practices, and address emerging challenges or regulatory changes.

In addition, Citiguard implements a performance evaluation system to assess the performance of Crossing Guards regularly. This evaluation helps identify areas for improvement and provides feedback to the guards, ensuring their continuous growth and development.

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We adopt a culture of continuous improvement to enhance the quality and efficiency of our Crossing Guard Services by encouraging feedback and input from all stakeholders to identify lessons learned from previous projects or incidents. These lessons are documented, analyzed, and incorporated.

 DESCRIPTION OF EFFORTS

Citiguard’s aim to achieve the City of Lynwood’s satisfaction and fulfill your requirements of Crossing Guard Services will rely on our commitment to excellence. We will conduct a comprehensive evaluation of the school premises and identify potential risks and vulnerabilities.

This assessment helps in understanding the specific security requirements and tailoring services accordingly. Based on the assessment, Citiguard will then create a tailored security plan that addresses each the school's unique needs. This plan includes measures such as perimeter security, access control, visitor management, patrolling schedules, and emergency response protocols.

Citiguard well experienced Crossing Guards who are specifically trained in school security protocols and procedures. These guards will possess strong communication skills, patience, and the ability to handle conflicts effectively. To enhance the security atmosphere and deter potential threats, the Crossing Guards will maintain a visible presence throughout the school premises and act as a deterrent to potential intruders and provide reassurance to students, staff, and parents. Our Crossing Guards will establish clear communication channels with school administrators, teachers, and staff to understand their concerns and respond promptly to any security-related issues. Our Crossing Guards will be responsible for traffic management and rules to ensure the safe passage of students, staff and visitors.

Citiguard will regularly monitor the effectiveness of their services and seek feedback from the school administration, staff, and parents. This feedback helps identify areas of improvement and ensures that security measures are constantly adapted to evolving needs.

Citiguard will adhere to all relevant local, state, and federal regulations pertaining to school security and Crossing Guard Services. This includes maintaining appropriate licensing, certifications, and background checks for security personnel.

 PROJECT SCHEDULE
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At Citiguard, we understand the critical role that Crossing Guard Services play in ensuring the safety of students and pedestrians during school hours. We recognize that the responsibility of managing traffic flow, ensuring safe crossings, and maintaining order requires a unique set of skills and expertise. With our deep understanding of the importance of Crossing Guard Services, we are committed to providing Lynwood schools with reliable, professional, and effective performance. Our dedicated team of highly trained security personnel is equipped to handle the specific challenges associated with traffic management, while prioritizing the safety and well-being of all individuals. With a focus on exceptional service delivery, we aim to create a secure environment that instills confidence in students, parents, and the entire school community.

We will provide Crossing Guard Service to:

School locations:

WILSON ELEM. (Josephine St. / Long Beach Blvd.)
Schedule: One (1) Guard / Monday – Friday (5-hrs. per day – precise AM/PM times TBD)

MARK TWAIN ELEM. (Carlin Ave. / Thorson Ave.)
Schedule: One (1) Guard / Monday – Friday (5-hrs. per day – precise AM/PM times TBD)

LINCOLN ELEM. (State St. / Norton Ave.)
Schedule: Two (2) Guards / Monday – Friday (5-hrs. per day – precise AM/PM times TBD)

ROOSEVELT ELEM. (Abbot Rd. / Mallison Ave.)
Schedule: One (1) Guard / Monday – Friday (5.25-hrs per day – precise AM/PM times TBD)

ROOSEVELT ELEM. (Imperial Hwy. / Ruth Ave.)
Schedule: Two (2) Guards / Monday – Friday (5.25-hrs. per day – precise AM/PM times TBD)

WILL ROGERS (Martin Luther King Blvd. / Harris Ave.)
Schedule: One (1) Guard / Monday – Friday (5hrs. per day – precise AM/PM times TBD)

WASHINGTON ELEM. (Martin Luther King Blvd. / Duncan Ave.) Schedule: One (1) Guard / Monday – Friday (5hrs. per day – precise AM/PM times TBD)

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CESAR CHAVEZ (Abbot St. / San Gabriel Ave.)
Schedule: One (1) Guard / Monday – Friday (5hrs. per day – precise AM/PM times TBD)

THURGOOD MARSHALL (Martin Luther King Blvd. / Norton Ave.) Schedule: One (1) Guard / Monday – Friday (5hrs. per day – precise AM/PM times TBD)

LUGO (Atlanta Ave. / Pendleton Ave.)

HELEN KELLER (Long Beach Blvd. / Euclid Ave.)
Schedule: One (1) Guard / Monday – Friday (5hrs. per day – precise AM/PM times TBD)

Citiguard is committed to ensuring the availability of adequate personnel to fulfill all tasks, duties, and conditions at the designated City locations during the specified days and hours, strictly adhering to the City's schedules. We maintain a sufficient pool of reserve personnel to promptly provide substitute Crossing Guards in the event of any employee's absence.

In accordance with Education Code § 45125.1, Citiguard conducts comprehensive background investigations for all applicants being considered for employment as Crossing Guards under this Agreement. These investigations encompass verifying that each individual has no felony convictions, possesses no dangerous criminal history, and has not been prosecuted for sex or drug-related offenses.

As part of this Agreement, Citiguard ensures that its Crossing Guards possess effective English communication skills, both verbal and written. Furthermore, each Crossing Guard employed under this Agreement is required to be in good physical and mental health.

Citiguard will assign one (1) Site Supervisor to oversee all personnel involved in the execution of this Agreement. Our Supervisor will actively participate in all training programs provided by Citiguard, which will largely mirror the training provided to our Crossing Guards.

However, the Site Supervisor's training will additionally include instruction in timekeeping, report writing, and supervisory techniques. The Site Supervisor will assume responsibilities such as personnel recruitment and training, scheduling coordination for all crossing locations, safety inspections, organization of safety assemblies, and prompt resolution of any issues or complaints. The Site Supervisor will conduct visits to each supervised site at least three (3) times a week and visit each school participating in the program at least once a month. 306

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Citiguard will provide a comprehensive monthly management report to the authorized City staff members. The report will encompass, but not be limited to, the following elements:
a. A time summary sheet documenting the sites worked, days and hours worked, and the identification of personnel deployed, including both regular and alternate guards.

b. Program-related matters, including:

(1) Identification of problems encountered and recommended solutions.

(2) Reporting of incidents and activities involving Crossing Guards and program personnel.

(3) Documentation of any special programs held at schools.

Citiguard's Crossing Guard personnel will also undergo annual evaluations conducted by our designated Site Supervisor. These evaluations will serve as a tool to provide feedback to individual Crossing Guards regarding areas of superior or acceptable performance, areas requiring improvement, and the necessary steps to ensure progress.

Annual meetings will be held between Citiguard's Site Supervisor and the City's representative(s) to evaluate and discuss the ongoing program. Each meeting will involve a review of any incidents or problems that have occurred during the program year.

To ensure the effective performance of our Site Supervisor, we acknowledge that the City's representative(s) may periodically monitor the Site Supervisor's activities and conduct site audits. Site audits may involve site visits and review of the daily reports completed by our Site Supervisor.

Citiguard ensures that all Crossing Guards undergo comprehensive training to effectively fulfill their primary responsibilities in maintaining school safety. These duties include, but are not limited to, the following:

1. Halting Vehicles: Crossing Guards are trained to utilize mechanical and hand signals when necessary to bring vehicles to a stop, ensuring a safe crossing for children.

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2. Maintaining Order: Crossing Guards skillfully maintain order among children gathered at street crossing points, allowing them to cross only when it is deemed safe to do so.

3. Reporting Traffic Violations: In adherence to their role, Crossing Guards promptly report license numbers of motor vehicles whose drivers violate traffic laws or disobey the instructions provided by the Crossing Guard. This information is relayed to the Lynwood Police Department for appropriate action.

4. Educating Children: Crossing Guards actively engage in educating children about essential aspects of traffic safety, including the elements of traffic safety and the proper operation of pedestrian controls.

Citiguard's Crossing Guards will conduct themselves in accordance with the conditions outlined in the Professional Services Agreement, the laws of the State of California, the California Vehicle Code, the Manual of Uniform Traffic Control Devices (MUTCD), and the Lynwood Municipal Code.

Citiguard understands the importance of high visibility and easy recognition for our Crossing Guards while performing their duties under the Professional Services Agreement. To ensure their visibility, each Crossing Guard will be provided with appropriate apparel, which will be worn at all times during duty. The apparel will consist of the following materials and supplies, among others:

1. Hand-held Regulation Size Stop Sign: Each Crossing Guard will be equipped with a regulation size hand-held stop sign. This sign will serve as a clear and recognizable signal for drivers to stop, ensuring the safety of pedestrians crossing the road.

2. Brightly Colored Traffic Safety Vest: Our Crossing Guards will be provided with brightly colored traffic safety vests. These vests are designed to enhance visibility and enable easy identification of the Crossing Guards, even in busy traffic conditions.

4. Yellow Rain Suit for Inclement Weather: In preparation for inclement weather, each Crossing Guard will be supplied with a yellow rain suit. This protective gear will enable our Crossing Guards to continue their duties safely and effectively, even during unfavorable weather conditions.

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 SPECIFIC TASKS

Citiguard will require specific tasks from City staff to effectively implement Crossing Guard Services. The tasks and respective roles of City staff are outlined as follows:

Task: Identification and Designation of Crossing Locations.

City Staff Role: Identify and designate the specific crossing locations within the city where Crossing Guard Services are required. They will assess the traffic flow, pedestrian volume, and potential safety hazards to determine the appropriate locations.

Citiguard’s Role: Collaborate with City staff to understand the designated crossing locations.

They will ensure that the necessary personnel are deployed at these locations during specified days and hours to facilitate safe crossings for pedestrians.

Task: Establishing Schedules and Shifts.

City Staff Role: Work with Citiguard to establish schedules and shifts for the Crossing Guard Service. They will consider factors such as school timings, peak traffic hours, and other relevant factors to determine the appropriate staffing requirements.

Citiguard’s Role: Coordinate with City staff to finalize the schedules and shifts for the Crossing Guards. They will ensure that sufficient personnel are available during the designated days and hours, adhering to the established schedules.

Task: Recruitment, Screening, and Training of Crossing Guards.

City Staff Role: Actively contribute to the selection process of Crossing Guard candidates to ensure the City has the utmost confidence in the effectiveness of its security personnel for your schools. We understand the significance of recruiting the most qualified and capable individuals for these vital positions.

Citiguard’s Role: Responsible for recruiting, screening, and training the Crossing Guards. We will conduct thorough background checks, including criminal history verification, as required by relevant laws and regulations. Additionally, we will provide comprehensive training to the Crossing Guards on traffic safety protocols, pedestrian control, and effective communication.

Task: Communication and Coordination.

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City Staff Role: Establish communication channels and protocols for ongoing coordination between the City and Citiguard. City will ensure that any updates, changes, or specific instructions are effectively communicated to Citiguard.

Citiguard’s Role: Maintain open lines of communication with City staff to receive updates, address any concerns, and promptly respond to instructions. We will collaborate with City staff to ensure a smooth flow of information regarding scheduling, incidents, safety measures, and program evaluations.

Task: Monitoring and Evaluation.

City Staff Role: Oversee the performance of the Crossing Guard service provided by Citiguard.

Conduct periodic inspections, evaluate program effectiveness, and gather feedback from schools and the community.

Citiguard’s Role: Regularly assess the performance of its Crossing Guards, ensuring adherence to protocols, professionalism, and effective service delivery. We will work closely with City staff to address any concerns or areas requiring improvement, and actively participate in program evaluations.

COMPANY HISTORY

Corporate name: Citiguard, inc

Corporate headquarters: 22736 Vanowen St., Ste. 300 West Hills, CA 91307

Status: S Corporation

Tel: 800-613-5903

Established in 2007 by Sami Nomair (President), Citiguard was founded in response to the numerous deficiencies observed in the security industry. Drawing from his experience working with multiple security providers, Mr. Nomair aimed to create a new model that would address all client concerns. Initially starting as a basic guard services provider with fewer than a dozen employees, Citiguard has since grown into a workforce of over 4,000 employees and a dedicated office supporting staff.

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For the past 16 years, our team has been committed to safeguarding the assets and personnel of our clients while providing impeccable security services.

Citiguard has earned a reputation for maintaining the highest professional standards in onsite security vigilance and protective response, consistently surpassing client expectations.

We have become one of the most trusted security guard companies in the Southern California Region and are rapidly gaining recognition in Central and Northern California as well. Our services cater to a diverse range of clients, including large residential communities and Fortune 500 companies.

At Citiguard, our security protection consultants boast over 60 years of combined experience, ensuring that our clients receive expert guidance and support. Our consultants oversee a team of highly trained and skilled field security supervisors and guards who undergo yearly refresher courses and continuous on-the-job training. This approach guarantees that our security guards are always prepared to meet our clients' evolving needs.

Recognized for our commitment to excellence, Citiguard is proud of the training, experience, and knowledge possessed by our field supervisory team and security guards. We have expanded our presence in California and currently operate offices in Los Angeles, Irvine, Rancho Cucamonga, San Diego, Sacramento, Oakland, and West Hills. Citiguard's dedication to maintaining the highest professional standards in onsite security vigilance and protective response remains unwavering, continuing to exceed client expectations.

TRAINING

We have developed a comprehensive training curriculum to equip our guards with the necessary skills and knowledge to perform their duties effectively. The training program includes the following components:
a) Traffic Rules and Regulations: We provide in-depth training on traffic rules and regulations to ensure that our Crossing Guards have a thorough understanding of the laws governing pedestrian safety and traffic management. This includes instruction on traffic signs, signals, and crosswalk regulations.

b) Pedestrian Safety: We emphasize the importance of pedestrian safety and teach our Crossing Guards how to educate pedestrians, especially children, about safe crossing practices.
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This includes guidance on identifying safe crossing points, assessing traffic conditions, and using appropriate hand signals.

c) Emergency Preparedness: Our training program includes comprehensive instruction on handling emergency situations effectively. Crossing Guards are trained to remain calm and take appropriate action in scenarios such as accidents, inclement weather, or disruptive incidents near the crosswalk.

d) Communication and Conflict Resolution: Effective communication is key to ensuring the safety of pedestrians and maintaining positive interactions with drivers. Our training program focuses on teaching Crossing Guards how to communicate assertively and resolve conflicts that may arise while on duty.

e) First Aid and CPR: To enhance safety preparedness, we provide basic first aid and CPR training to our Crossing Guards. This equips them with the skills to provide immediate assistance in case of injuries or medical emergencies while awaiting professional help.

Safety training is another integral part of our program, which encompasses various aspects, including:

1. Personal Safety: We educate Crossing Guards on personal safety measures, such as being aware of their surroundings, maintaining situational awareness, and using proper protective gear.

2. Traffic Safety: Our safety training emphasizes the importance of traffic safety protocols, such as standing in designated safe zones, maintaining a safe distance from moving vehicles, and avoiding distractions while on duty.

3. Hazard Recognition and Mitigation: We train our Crossing Guards to identify potential Hazards and take proactive measures to mitigate risks. This includes understanding road conditions, identifying dangerous intersections, and anticipating potential safety concerns.

4. Safety Equipment Usage: Crossing Guards are trained on the proper use and maintenance of safety equipment, including high-visibility clothing, reflective accessories, and signage.

They learn how to maximize the effectiveness of these tools to enhance their visibility and ensure the safety of pedestrians.

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STAFFING

We are pleased to introduce our esteemed team of "Key Personnel" who will be responsible for overseeing and managing the essential Crossing Guard Services at the elementary school locations within the City of Lynwood. Our dedicated team brings a wealth of experience, expertise, and a deep commitment to ensuring the safety of students and pedestrians in our community.

STEVEN BARRAGAN (Project Manager – [email protected] / 800-613-5903):

Mr. Barragan will serve as the main point of contact for the City of Lynwood and will oversee all aspects of the Crossing Guard Services. He will be responsible for coordinating with school administrators, local authorities, and our team of Crossing Guards to ensure seamless operations, efficient communication, and adherence to safety protocols. Mr. Barragan has overseen school security projects for Temple Beth AM, Crespi Carmelite High School and Life Pacific University.

Educational background:

Mr. Barragan’s commitment to excellence is evident in his educational history. He is a graduate of the University of San Diego, where he earned a Bachelor's Degree in Executive Management. His educational background has equipped him with the skills and knowledge needed to excel in his role as Project Manager at Citiguard.

BASHIR ORIAKHIL (Field Supervisor – [email protected] / 800-613-5903):

Mr. Oriakhil will work closely with the project manager to ensure smooth day-to-day operations at each elementary school location. He will oversee the deployment and scheduling of Crossing Guards, conduct regular site inspections, and provide ongoing support to address any emerging needs or concerns. His primary focus will be on maintaining a safe and secure environment for students and pedestrians.

Educational background:

Mr. Oriakhil's military background, having worked with the United States Defense in Afghanistan and covert surveillance, has instilled in him a deep sense of responsibility and attention to detail, which he brings to every aspect of his work at Citiguard. He went to the University of Kabul and earned a Master’s Degree in computer science.

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He continues to hone his skills and knowledge by attending regular quality assurance courses and seminars to stay ahead of the curve.

BRAULIO LOPEZ (Training and Compliance Officer – [email protected] / 800-613-5903 ):

Mr. Lopez will be responsible for developing and implementing comprehensive training programs for our Crossing Guards. He will ensure that all guards are equipped with the necessary knowledge and skills to handle diverse situations, including traffic management, emergency response, and effective communication. Furthermore, he will monitor compliance with all relevant regulations and standards to maintain the highest level of safety.

Educational background:

Mr. Lopez earned his Bachelor’s Degree in criminal Justice from the prestigious University of Irvine, where he was recognized for his academic excellence and leadership skills.

AURORA OLMOS (Communication and Community Liaison - [email protected] / 800-613-5903):

Effective communication with school administrators, parents, and the broader community is paramount to the success of our Crossing Guard Services. Ms. Olmos will facilitate regular communication channels, disseminate important information, and address any inquiries or feedback. She will foster positive relationships, ensuring that the community remains informed and engaged in matters concerning pedestrian safety.

Educational background:

Ms. Olmos is a highly educated professional, having earned a Master's Degree in Financial Economics and Performance Studies in Management from the prestigious University of San Francisco. She continues to stay up-to-date with the latest trends and best practices in accounts management through ongoing professional development and training.

BOBBY BENNETT (Quality Assurance Specialist – [email protected] / 800-613-5903:

To uphold the highest standards of service delivery, Mr. Bennett will conduct regular assessments and evaluations. He will monitor the performance of our Crossing Guards, assess adherence to protocols, and identify areas for improvement. By conducting ongoing evaluations, Mr. Bennett will ensure that our services consistently meet and exceed the expectations of the City of Lynwood and its elementary schools. 314

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Educational Background:

Bobby is a UCLA MBA graduate and has honed his skills through various training programs such as quality management, systems regulatory compliance, quality control tools and techniques, training on statistical process control, data analysis, root cause analysis, and auditing and Inspection and risk management. This keeps his knowledge up-to-date, making him a team leader.

Upon the initiation of the contract, our dedicated "Key Personnel" will be available to provide exceptional service during regular business hours, which are from 8:00 AM to 6:00 PM.

Their presence during these hours ensures efficient oversight and management of the Crossing Guard Services at the designated elementary municipalities locations within the City of Lynwood.

We understand that unforeseen circumstances and emergencies can arise at any time.

To address such situations promptly and effectively, we have a dedicated 24-hour dispatch staff in place. Our experienced dispatch team is well-equipped to handle any emergency occurrences or sudden changes in scheduling that may be required. They are readily available to provide immediate assistance, coordinate swift responses, and ensure seamless communication between all authorized Lynwood school and City staff members.

With this comprehensive approach, we guarantee continuous support and coverage, prioritizing the safety and well-being of students, pedestrians, and the overall community throughout the duration of the contract. Our commitment to excellence extends beyond regular business hours, allowing us to swiftly respond to any unexpected events and ensure uninterrupted Crossing Guard Services.

At Citiguard, we are deeply committed to serving as a vigilant and reliable resource for the elementary schools of the City of Lynwood. Our unwavering dedication is focused on ensuring the safety and well-being of students and pedestrians, while fostering a secure environment that places your needs as our top priority.

We understand the paramount importance of maintaining a safe and secure atmosphere within the school community. With this in mind, our team at Citiguard will work tirelessly to implement effective security measures and provide comprehensive Crossing Guard Services.

Our goal is to create an environment where students can thrive, parents can have peace of mind, and pedestrians can navigate with confidence.

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We believe in the power of proactive measures to prevent incidents and maintain a secure environment. Our experienced and highly trained professionals are equipped with the knowledge, skills, and tools to identify and address potential risks. We continuously strive to stay updated on the latest industry practices, ensuring that our security protocols align with the highest standards.

At Citiguard, fostering positive relationships and open communication is fundamental to our approach. We value collaboration and will work closely with school administrators, local authorities, and the community to tailor our services to your specific needs. By engaging in regular dialogue and being responsive to feedback, we aim to continuously enhance our services and address any concerns promptly.

Rest assured, we are steadfast in our commitment to being a trusted partner in ensuring the safety and well-being of everyone in the City of Lynwood’s elementary schools. Together, we will build a secure environment that fosters learning, growth, and peace of mind for students, parents, and the entire community.

 STAFFING PLAN

Citiguard ensures appropriate staffing for all positions during designated Crossing Guard Service times through an intricate staffing plan. Furthermore, we demonstrate our policies for alternate staffing through the following steps:

Recruitment and Training:
a. We maintain a pool of qualified and trained Crossing Guards who meet the necessary requirements, such as background checks and specific certifications mandated by the City. b. Our regular recruitment efforts are conducted to attract potential candidates who are interested in serving as Crossing Guards, who have had prior experience in school security and/or Crossing Guard duties.

Scheduling and Shift Management:
a. We establish a robust scheduling system to assign Crossing Guards to specific locations and shifts based on the City's designated service hours.

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b. The schedule will be prepared well in advance, allowing ample time for communication and coordination.

Communication and Reporting:
a. We implement a reliable communication system to ensure smooth coordination between our Crossing Guards and the City's authorities responsible for managing Crossing Guard Services. b. The Project Manager will communicate with the assigned Crossing Guards, relaying important information and confirming duty assignments.

Absence Reporting and Notification:
a. Our policy requires Crossing Guards to notify the Project Manager promptly if they are unable to report for duty due to illness, emergency, or any other reason, and an immediate replacement will be deployed.
b. Our policy clearly outlines the notification procedure, such as a specified contact number or email address, and the expected timeframe for reporting absences.

Alternate Crossing Guard Procedures:
a. In the event that an assigned Crossing Guard fails to report for duty or reports an absence, we have a contingency plan to ensure the position is adequately staffed. b. Our plan involves maintaining a list of qualified backup Crossing Guards who can be contacted and deployed on short notice.
c. We establish a protocol for contacting and dispatching the alternate Crossing Guard, ensuring they have clear instructions about the assigned location, shift timing, and any specific guidelines.

Ongoing Monitoring and Quality Assurance:
a. We conduct regular monitoring and performance evaluations to ensure that Crossing Guards are fulfilling their duties effectively.

b. We have designed feedback mechanisms to collect input from school authorities, parents, and the City to assess the quality of service and address any concerns.

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QUALIFICATIONS & EXPERIENCE

Citiguard is a trusted provider of security services to a wide range of clients, including schools, community centers, city construction projects, dealerships, museums, hospitals, shopping centers, airports, residential and commercial properties, and high-profile special events. With our extensive experience in handling large-scale projects, we are well-acquainted with the challenges posed by emergency situations that can arise in heavily populated facilities and locations.

For instance, our ongoing service to the Los Angeles Homeless Services Authority (LAHSA) highlights the demand for enhanced safety in homeless shelters. We have developed a dynamic security plan that ensures 24/7 coverage across 36 properties, with up to 28 guards per shift. This experience has reinforced our commitment to providing exceptional security measures.

At Citiguard, we take the initial step of security protection seriously. We understand that creating specific post order instructions is crucial for outlining the duties and responsibilities of our security officers. By carefully crafting these instructions, both our clients and Citiguard can be confident that security assignments will be carried out with utmost attention to detail.

Recognizing that each client has unique security requirements and concerns, we value client participation in the selection process of recommended officers who will be responsible for their property. Before the actual deployment of officers, we encourage our clients to participate in meetings and interviews to ensure their approval and satisfaction.

We firmly believe that starting off on the right foot is essential to avoid preventable setbacks. Therefore, our field supervisors will make frequent visits to our clients' sites during the first month of security service at no additional charge. This allows us to closely monitor and ensure the diligent execution of all aspects of the assigned duties. Additionally, we prioritize effective communication and schedule bi-weekly client meetings to discuss security performance issues. We value feedback from our clients, as it helps us gauge our success and identify areas for improvement.

Citiguard specializes in providing elite security services to city and government facilities, particularly homeless shelters and schools. Our security personnel are comprised of experienced individuals with backgrounds in the military and police force. 318

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They are trained to prevent harm, theft, vandalism, and prioritize safety, including the conscientious duties of Crossing Guards. We are well-versed in the unique requirements and conditions of our clients, as demonstrated by our explicit understanding of the work scope and special conditions we provide for Temple Beth AM in Los Angeles.

When Citiguard is entrusted with a school Crossing Guard contract, it is essential to prioritize the safety and well-being of the students and the overall traffic management in the vicinity. Here's a description of how we will properly handle the safety of your students at each school location:

Assessing the requirements:

We will assess the specific needs and requirements of the school crossing sites. This includes understanding the traffic flow, peak hours, hazardous areas, and any specific concerns raised by the school or local authorities.

Recruiting and training Crossing Guards:

We will deploy only the most vigilant Crossing Guards who are responsible, reliable, and capable of managing the assigned location. The guards will undergo thorough background checks, including criminal record checks, and receive proper training on traffic control, pedestrian safety, communication skills, and emergency procedures.

Developing a comprehensive plan:

A detailed plan will be created to address the specific requirements of the school crossing. This plan will include the number of guards needed, their specific duties and responsibilities, shift schedules, and designated crossing zones. It will also outline protocols for handling emergencies, reporting incidents, and communicating with school staff, parents, and local authorities.

Coordination with school administration:

Effective communication and coordination with the school administration are crucial. We will establish regular contact with the school principal or designated staff member to discuss updates, address concerns, and share relevant information. This collaboration ensures a seamless and unified approach to student safety.

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Implementation of safety measures:

Citiguard will ensure that appropriate safety measures are in place at the crossing. This includes providing reflective vests or uniforms to the Crossing Guards for enhanced visibility, erecting clear signage indicating the presence of a school crossing, and implementing traffic calming measures if necessary. The guards will also be equipped with necessary equipment such as whistles, stop signs, and handheld radios for effective communication.

Regular monitoring and evaluation:

We will utilize our exclusive and versatile technology of CitiTrac which, aside from its capabilities within the context of security service monitoring and reporting, provides the sophistication in auditing security service hours which, in turn, is conveyed to our Accounting Department for invoice development. The CitiTrac software affords precise records of when security guards’ clock into a shift and when the guards’ clock out, thus exhibiting the full tenure of respective shifts for billing processes.

CitiTrac’s hand–held mobile device optimizes the vital ability for Citiguard Officers to monitor, receive, and respond immediately to security issues. CitiTrac’s astute technology provides Citiguard’s security personnel the ability to report the exact details of a security issue within moments. All reported issues are time stamped and assigned automatic tracking numbers.

CitiTrac also allows Citiguard officers to take time-stamped photographs, as well as record security issues on audio files that are automatically attached to the reported issue. CitiTrac‘s versatility also provides the receiving of tasks and alerts, the viewing of post orders, the ability to scan checkpoints, and the opportunity to view security services performance. CitiTrac is a security service asset that Citiguard furnishes at no-additional-charge as an aspect of our Added–Value advantages.

Supervisors or team leaders will conduct regular site visits to assess the guards' adherence to protocols, professionalism, and overall effectiveness in ensuring student safety.

Feedback from school staff, parents, and students would also be sought to identify areas of improvement.

Ongoing training and development:

We maintain continuous training and professional development programs to enhance the skills of our Crossing Guards and keep them updated with the latest safety practices. This includes workshops on conflict resolution, first aid and CPR, traffic management techniques, and customer service skills.
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Incident reporting and documentation:

Our Crossing Guards are well-versed in transcribing clear and concise incident reporting and documentation. Guards maintain accurate records of any incidents, accidents, or near misses that occur during their shifts. This information would be shared with the school administration and the security company's management for review and appropriate action.

Emergency Response:

Our highly-trained Crossing Guards are capable of handling emergency situations such as accidents, medical emergencies, or safety threats. They would know how to alert the appropriate authorities, provide initial assistance if needed, and maintain order until help arrives.

To ensure efficient operations and effective management of our security services, we propose the following local organization structure:

General Manager: At the top of the local organization structure is the General Manager who oversees all operations within the specific region. The General Manager is responsible for strategic planning, client relations, and overall business performance. They work closely with clients to understand their unique security needs and ensure that our services align with their expectations.

Operations Manager: The Operations Manager plays a crucial role in overseeing day-to-day security operations. They manage a team of supervisors, security guards, and support staff, ensuring that services are delivered in accordance with the agreed-upon standards. The Operations Manager handles scheduling, resource allocation, and ensures adherence to company policies and procedures.

Supervisors: Supervisors are responsible for directly managing the security guards assigned to specific client sites or geographical areas. They conduct regular site visits, provide on-the-job training, and monitor the performance of security personnel. Supervisors act as a point of contact for clients, addressing any concerns or issues that may arise.

Security Guards: The backbone of our security services, security guards are deployed on-site to maintain a safe and secure environment. They are responsible for patrolling assigned areas, monitoring surveillance systems, conducting access control, and responding to incidents or emergencies. Our security guards are trained to handle a variety of situations professionally and efficiently.

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Support Staff: The support staff consists of administrative personnel who handle various administrative tasks such as scheduling, payroll, and client coordination. They provide essential support to the operations team, ensuring smooth workflow and efficient communication between different stakeholders.

This proposed local organization structure is designed to ensure clear lines of authority, effective communication, and efficient coordination between different levels of management and staff. It enables us to deliver high-quality security services and maintain strong relationships with our clients while effectively addressing their security needs.

RELEVANT EXPERIENCE

Citiguard’s pragmatic approach to providing Crossing Guard Services, exemplified by our successful implementation at Temple Beth AM. Our commitment to ensuring the safety and well-being of pedestrians, particularly children, is at the core of our operations. To effectively perform Crossing Guard Services, we follow a systematic and diligent process that includes the following steps:

Needs Assessment: We conduct a thorough assessment of the specific Crossing Guard requirements at Temple Beth AM or any other jurisdiction. This includes evaluating the volume of pedestrian traffic, identifying high-risk areas, and understanding the unique needs and preferences of the community.

Customized Solution: Based on the needs assessment, we develop a customized Crossing Guard plan tailored to the specific jurisdiction. This includes determining the number of guards required, their deployment locations, and the designated crossing routes to ensure optimal safety and efficiency.

Personnel Selection: We have a rigorous selection process to recruit highly qualified Crossing Guards who are trained and experienced in traffic management and pedestrian safety. Our guards undergo comprehensive background checks and are trained in various aspects, including traffic laws, communication skills, conflict resolution, and first aid/CPR.

Training and Certification: Before commencing their duties, our Crossing Guards undergo extensive training to enhance their skills and knowledge.

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This training covers topics such as traffic control techniques, pedestrian safety protocols, use of hand signals and stop signs, and conflict resolution strategies. Our guards are also certified in first aid/CPR to handle emergencies if needed.

Equipment and Visibility: We ensure that our Crossing Guards are equipped with all the necessary tools to perform their duties effectively. This includes providing them with high- visibility apparel, such as brightly colored vests, reflective gear, and handheld stop signs. The visibility of our guards helps to alert drivers and ensures they can easily identify and follow their instructions.

Ongoing Supervision and Support: Once deployed, our Crossing Guards receive regular supervision and support from our management team. We maintain open lines of communication with the jurisdiction and Temple Beth AM to address any concerns, provide updates, and ensure seamless coordination.

Continuous Training and Improvement: We believe in continuous improvement and invest in ongoing training for our Crossing Guards. This includes staying updated on the latest traffic safety regulations, emerging best practices, and advancements in pedestrian safety technology.

By keeping our guards well-informed and equipped with the latest knowledge and skills, we enhance their performance and ensure the highest level of safety for pedestrians.

Collaboration and Communication: We foster a collaborative approach by maintaining regular communication with the jurisdiction, Temple Beth AM, and other relevant stakeholders. This ensures that we stay informed about any changes in traffic patterns, events, or specific requirements that may impact the Crossing Guard Services. We also encourage feedback from the community to continuously improve our services.

Performance Evaluation: We conduct regular performance evaluations to assess the effectiveness of our Crossing Guard Services. This includes monitoring compliance with safety protocols, analyzing incident reports, and soliciting feedback from the jurisdiction, Temple Beth AM, and the community. This evaluation helps us identify areas for improvement and make necessary adjustments to enhance the quality of our services.

Community Engagement: We actively participate in community events, collaborating with local schools and organizations, and organizing educational programs on pedestrian safety. Our goal is to build a sense of community, enhance awareness about traffic safety, and promote a culture of responsible pedestrian behavior.

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By implementing these detailed processes, Citiguard ensures that our Crossing Guard Services are performed with the utmost professionalism, diligence, and commitment to safety.

Our track record of success at Temple Beth AM speaks to our ability to create secure environments and promote the well-being of students, staff, visitors and the normal flow of city pedestrians.

SCHEDULE OF IMPLEMENTATION

Citiguard’s comprehensive schedule for the implementation of Crossing Guards allows us to guarantee a 7-10 day timeline to initiate service in all Lynwood municipalities. This timeline encompasses the following key steps:

Initial Assessment:

We conduct an initial assessment of each municipality's requirements, taking into account factors such as traffic patterns, school schedules, and pedestrian volumes.

Staffing Plan Development:

Based on the assessment, we develop a detailed staffing plan that ensures adequate coverage during designated Crossing Guard Service times. This plan considers the number of guards needed, their specific locations, and shift rotations.

Hiring and Training:

We recruit and hire qualified individuals to serve as Crossing Guards. These individuals undergo thorough training to ensure they possess the necessary knowledge and skills to perform their duties effectively.

Equipment and Uniform Provision:

We procure the required equipment and uniforms for the Crossing Guards, ensuring they have the necessary tools and attire to carry out their responsibilities safely and professionally.

Coordination with Municipalities:

We liaise with the relevant municipalities to finalize logistical details, such as the specific locations where Crossing Guards will be stationed and the desired start date for the service.

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Deployment and Monitoring:

We deploy the trained Crossing Guards to their assigned locations, adhering to the agreed-upon schedule. During the initial days of service, supervisors closely monitor the guards to ensure they are following procedures and providing the expected level of safety and assistance to pedestrians.

Ongoing Communication and Feedback:

We maintain open lines of communication with the municipalities and actively seeks feedback to address any concerns or make adjustments as necessary. Regular meetings and performance evaluations help to maintain a high standard of service.

REFERENCES

TEMPLE BETH AM
1039 S, La Cienega Blvd.

Los Angeles, CA 90035
Contact person: Ralph Gramajo, Director
Tel: 310-652-7354 ext. 262 / 562-261-3408
Email: [email protected]

Start date: August, 2019
Contract amount: $307,690.00
Term of contract: Ongoing
Service: 1 armed guard and Sergeant / 8-hours per day, Monday-Friday / patrol & monitor, protect staff, students, authorized visitors and eject unauthorized individuals. Plus, Crossing Guard Service during morning and afternoon school hours.

CRESPI CARMELITE HIGH SCHOOL
5031 Alonzo Ave.

Encino, CA 91316
Contact person: Jeff Thornton, Manager
Tel: 818-654-1318
Email: [email protected]

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(cont’d.)
Start date: January 26, 2023
Term of contract: Ongoing
Contract amount: $69,834.24
Service: 1 unarmed on-site security guard, 24/7, patrol & monitor, de-escalate criminal activity and alert police if crime scene becomes aggressive.

THE HELP GROUP SPECIAL NEEDS
12101 W. Washington Blvd
Culver City, CA 90066
Contact person: Frank Conelly, Operations Manager
Tel: 818-779-5172
Email: [email protected]

Start date: 07/03/2017
Contract amount: $101,520.00
Term of contract: Ongoing
Service: 2 unarmed guards, Monday – Friday, patrol & monitor facility, keep track of the comings and goings of all students and staff, and eject unauthorized visitors.

LIFE PACIFIC UNIVERSITY
1100 W Covina Blvd
San Dimas, CA 91773
Contact person: Derek Meade, Director
Tel: 909-684-8752
Email: [email protected]

Start date: August, 2022
Term of contract: Ongoing
Contract amount: $1,056,000.00
Service: 4 unarmed security guards / 14-hours per day, Monday-Sunday / patrol & monitor campus, keep track of the comings and goings of all students, staff and visitors at all entrances and eject unauthorized visitors.

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LAHSA
707 Wilshire Blvd 10th Floor
Los Angeles, CA 90017
Contact Person: Elsie Nwankwo, Coordinator, Contracts & Procurement Tel: 213-225-8429
Cell: 213-216-2558
Email: [email protected]
Website: www.lahsa.org

Start date: April, 2020
Contract amount: $12 million
Term of contract: Ongoing
Service: 800 unarmed security guards, 24/7, patrol & monitor 32 locations, keep track of the comings and goings of all boarders and de-escalating aggressive behavior and eject disruptive individuals.

END
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DUE DATE: JULY 24, 2023 @ 5PM (PDT)
21 ATTACHMENT C

COST PROPOSAL FORM

HOURLY WAGE BREAKDOWN
Crossing Guard
(Hourly Wage Rate to the Employee) $

COST SUMMARY
ITEM
# ITEMS TOTAL ANNUAL COST
1 Crossing Guards Salaries $
2 Supervisory Salary $
3 Payroll Tax $
4 Workers Compensation $
5 Liability Insurance $
6 Administrative Overhead $
7 Profit $
8 Other: ______________________________ $
9 TOTAL ANNUAL COST OF CROSSING GUARD
PROGRAM BILLED TO THE CITY (ADD ITEMS 1-8)
(YEAR 1) $
10 TOTAL ANNUAL COST OF CROSSING GUARD

PROGRAM BILLED TO THE CITY
(YEAR 2) $
11 TOTAL ANNUAL COST OF CROSSING GUARD

PROGRAM BILLED TO THE CITY
(YEAR 3) $
TOTAL 3-YEAR COST BILLED TO THE CITY
(ADD ITEMS 9,10 AND 11) $

55.00 51,600.00
456,570.00
30,490.20
25,408.50
20,326.80
15,245.10
25,408.50
NONE 0
625,049.10
641,303.55
657,558.00
1,923,910.65
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RESOLUTION NO. _______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR AGREEMENT WITH ALL CITY MANAGEMENT

SERVICES TO PROVIDE CROSSING GUARD SERVICES TO THE CITY OF LYNWOOD WHEREAS, The City currently contracts to provide crossing guard services at designated locations at and around schools throughout the city; and WHEREAS, on June 22, 2023, staff issued and advertised a Request for Proposals (RFP) for Crossing Guard Services, as well as solicited interested vendors; and WHEREAS, the deadline to respond to the RFP was July 24, 2023, in which the city received four (4) proposals; and
WHEREAS, after careful review and consideration of all proposals, staff has determined that All City Management Services (ACMS) is the service provider best qualified to perform and provide crossing guard services and meet the level of service expectations for the City of Lynwood; and
WHEREAS, ACMS was the previous crossing guard service provider and did an excellent job; and
WHEREAS, ACMS has provided crossing guard services to the City of Lynwood since 2011.

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

Section 2. The City Council authorizes the Mayor to execute a three (3) year agreement with ACMS in a form approved by the City Attorney to perform and provide crossing guard services to the City of Lynwood at the following yearly pay schedule:
a. Year One: $345,227
b. Year Two: $364,045
c. Year Three $383,927
Section 3. The term of the Agreement for crossing guard services will be for three years and will commence on August 15, 2023 and expire on June 30, 2026.

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

Section 5. This Resolution shall become effective immediately upon its adoption. 329
Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED and ADOPTED the 15th day of August, 2023. _________________________
Oscar Flores
Mayor
ATTEST:
__________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ___________________________ Noel Tapia Ernie Hernandez
City Attorney City Manager
___________________________
Gabriel Linares
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Director of Community
Development
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AGENDA STAFF REPORT

DATE:

August 15, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Gabriel Linares, Director of Community Development
SUBJECT:

ANIMAL SHELTERING SERVICES CONTRACT WITH THE SOCIETY

FOR THE PREVENTION OF CRUELTY TO ANIMALS LOS ANGELES
(SPCALA)
Agenda Item # 9.8.

Recommendation:

Staff recommends the City Council of the City of Lynwood adopt the attached resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SOCIETY FOR THE

PREVENTION OF CRUELTY TO ANIMALS LOS ANGELES (SPCALA) TO PROVIDE ANIMAL SHELTERING SERVICES FOR A NOT TO EXCEED AMOUNT OF $294,000.” Background:

The City currently maintains an Animal Control Program. The main purpose of the program is to handle service calls concerning animal welfare and to enforce municipal code ordinances related to dogs-at-large, animal bites, dog licensing, tethering, barking dogs and leash laws.

In addition, this program facilitates veterinary care for injured animals found at-large, and provides for the safe return of loose and lost animals to their owners through the identification of all domesticated animals for identifying implanted chips.

As part of the Animal Control Program, the City contracts with Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA) to provide animal sheltering services. The City's current contract with SPCALA expired June 30, 2023. Both SPCALA and City staff wish City Council City Council Regular Meeting 332
to continue the term of this contract at an annual rate of $294,000 and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request.

Discussion and Analysis:

T
he City has been under contract with SPCALA for the last seven (7) years. The City’s current contract is for the period July 1, 2022 - June 30, 2023, at a "not to exceed" amount of $252,000 (or $21,000 monthly). SPCALA has requested that this contract be renewed at the annual rate of $294,000 (or $21,000 monthly) for the next FY period of July 1, 2023 to August 31, 2024.

To ensure the City is still receiving the best contract for animal services, staff reached out to LA Animal Services, Los Angeles County Animal Care & Control, and SEAACA to try and negotiate a contract for animal services. Unfortunately, LA Animal Services only services the City of LA. The other two agencies (Los Angeles County Animal Care & Control and SEAACA) are not currently accepting new cities into their program and were unwilling to provide a cost estimate for their services. Staff continues to have a formal application on file with SEAACA, in the event a future opportunity evolves.

In the meantime, staff will continue to have an open dialog with both of these agencies over the next year in case either agency opens their program to new cities. In the meantime, based on the programs and services offered to the City by SPCALA, which includes sheltering services of animals captured, disposing of deceased animals, cruelty investigations, and violence prevention & humane education, as well as the contract price staff is in agreement with the requested extension.

Fiscal Impact:

The total cost for the animal sheltering services for the period July 1, 2023 - August 31, 2024, of $294,000, is included in the City's FY 2023-25 Operating Budget.

Coordinated With:

City Manager’s Office
City Attorney
Finance & Administration Services
City Council City Council Regular Meeting 333
SPCALA 23-24 - Agreement.pdf
Resolution - SPCA Agreement.doc
ATTACHMENTS:

Description
City Council City Council Regular Meeting 334

SERVICE AGREEMENT

BETWEEN

THE CITY OF LYNWOOD AND

SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS LOS ANGELES (SPCALA)

This agreement (“Agreement”) is made as of August 15, 2023 , by and between the City of Lynwood, municipal Corporation (hereinafter the "City") and Society for the Prevention of Cruelty to Animals - Los Angeles, a California Corporation ( hereinafter the “Contractor or SPCALA”). City and CONTRACTOR are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

WHEREAS, City desires to ut ilize the services of SP CALA as an independent contractor to provide animal sheltering services to City as set forth in the attached Exhibit A; and

WHEREAS, The City has been under contract with SPCALA for the last seven (7) years; and

WHEREAS, The City’s current contract is for the period July 1, 2022 - June 30, 2023, at a "not to exceed" amount o f $252,000 (or $21,000 monthly) and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request; and

WHEREAS, the City and the Contractor wish to continue the term of this contract at an annual rate of $294 ,000 and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request for the next FY period of July 1, 2023 to August 31, 2024.

NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

1. CONTRACTOR'S Services.

A. Scope of Services . The nature and scope of the specific services to be performed by CONTRACTOR are as described in Exhibit A.

B. Time of Performance . CONTRACTOR shall complete the specific services according to the schedule of performance, which is also set forth in Exhibit A.

C. Term of Agreement.

This Agreement shall be for a term commencing July 1, 2023 (the “Commencement Date”) and terminating on August 31, 2024 (the “Termination Date”), unless sooner terminated pursuant to the provisions of this Agreement.

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2. Compensation.

A. City agrees to compensate CONTRACTOR for services under this Agreement in compliance with the schedule set forth in Exhibit A. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each service. The CONTRACTOR shall maintain appropriate and necessary documentation support ing the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request. City shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the da te they are received; however, CONTRACTOR acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. City shall not be responsible to CONTRACTOR for any additional charges, in terest or penalties due to a failure to pay within such period.

B. Total payment to CONTRACTOR pursuant to this Agreement shall not exceed $294,000, which shall be payable as set forth in the Compensation Schedule in the attached Exhibit A.

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

4. Addresses.

City:

City of Lynwood
City Manager’s Office
11330 Bullis Road
Lynwood, California 90262
Attention: City Manager

CONTRACTOR:

SPCALA
5026 W. Jefferson Blvd.

Los Angeles, California 90016
Attention: Madeline Bernstein

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

Exhibit A – Scope of Services, Time of Performance, Compensation Schedule Exhibit B – General Terms and Conditions

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IN WITNESS WHEREOF , City and Contractor have caused this Amendment to be executed by their duly authorized representatives as of the day and year first above written.

“Contractor or SPCALA”

SOCIETY FOR THE PREVENTION

OF CRUELTY TO ANIMALS - LOS

ANGELES

Date:______________ _______________________________
By: Madeline Bernstein, President

“City”

CITY OF LYNWOOD

Date:______________ ______________________________
Oscar Flores, Mayor

ATTEST:

_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AS TO CONTENT

_______________________________ _______________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager

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339
340
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342

EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

A. Contractor is, and shall at all times remain as to CITY, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any Contractor’s employees except as set forth in this Agreement. Contractor shall not, at any time, or in any manner represent that it or any of it agent or employees are in any manner agents or employees of City.

B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, pen alties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a -wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney’s fees, arising out of such audit and any appeals relating thereto.

C. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicabl e worker’s compensation law. City Agreement any amount due to City from Contractor as a result of Contractors failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.

2. Standard of Performance

A. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or his/her designee may from time to tome assign additional or different tasks or services to Contractor, provided such tasks or services described in Exhibit A. However, no additional or different tasks or services shall be performed by Contractor other than those specified in Exhibit A, or those so assigned in writing to Contractor by the City Manager or his/her designee.

B. The City shall, until further notice to Contractor, administer this Agreement and provide immediate supervision of Contractor with respect to the services to be provided hereunder.
343

3. Indemnification

A. Contractor is skilled in t he professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Contractor to perform said services and duties.

B. City and its elected and appointed boards , officials, officers, agents, employees and volunteer s (individually and collectively, “Indemnitees”) shall have no liability to Contractor or any other person for, and Contractor shall indemnify, defend, protect and hold harmless Indemnitees from and aga inst, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgment, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements ( individually, a “Claim” and collectively “Claims”), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the Contractor’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, subcontractors, subcontractor or employee s, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions. Furthermore, in the event that a court determines that liability for any Claim was caused or contributed to by any negligent or willful act or omission of City, liability will be apportioned between Contractor and City based upon the parties’ respective degrees of culp ability, as determined by the court , and Contractor’s duty to indemnify City will be modified accordingly.

C. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontra ctor, sub - consultant or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required in this Section, Contracto r agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligation on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein survive termination of this Agreement for a period of four years and is in addition to any rights which City may have under the law.

This indemnity is effective without reference to the existence of a ny insurance coverage that may have been required under this Agreement, or any additional insured endorsements, which may extend to City.

4. Insurance.

A. Without limiting Contractors indemnification of Indemnitees pursuant to Section 3 of this Agreement, Cont ractor shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
344
i. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $ 2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate.

ii. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

iii. Workers’ Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses.

B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.

C. All insurance procured pursuant to these requirements shall be written by insurers that ar e admitted carriers in the state of California with a Best’s rating of no less than A.VII.

D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, cancelled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days’ prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested , addressed to “Risk Manager”, City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262.

Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

E. Contractor shall submit to City (i) insurance certificates indica ting compliance with the minimum worker’s compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitle “Additional Insured Endorsement”. 345
F. The Contractor’s insurance shall be primary as respects the City, its offices, officials, employees and volunteers. Any insurance or self -insurance or self -insured maintained by the City, its officers, officials, employees and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

G. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the c ost of such insurance may be deducted at the option of City, from payments due Contractor.

5. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon termination of this Agreement Contractor’s covenant under this section shall survive the termination of this Agreement.

6. Ownership of Work Product. All reports, documents or other written material developed by Contractor in the performance of this Agreement shall be and remain the property of City without restriction of limitation upon its use or dissemination by City.

Such material shall not be subject of a copyright application by Contractor.

B. Contractor covenants not to give or receive, or promise to give or receive, any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a re sult of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Contractor.

Contractor’s covenant under this section shall survive the termination to this Agreement.
346

8. Termination. City may terminate this Agreement with or without cause upon thirty (30) days’ written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination . Contractor agrees that in the event of such termination, City’s obligation to pay Contractor shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination.

Immediately upon receiving written notice of termination, Contractor shall disconti nue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City.

9. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under its supervision, and all personnel engage in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor’s services under this Agreement, but City reserves the right (for good cause) to require Contractor to exclude any employee from performing services on City’s premises.

10. Financial Condition. Prior to entering into this Agreement, Contractor has submitted documentation acceptable to the City Manager or his designee, establishing that it is financially solvent, such that it can reasonably be expected to perfo rm the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Contractor shall submit such financial information as may be appropriate to establish hot the satisfaction of the City Manager or his designee that Contractor is in at least as sound a financial position as was the case prior entering into this Agreement. Financial information submitted to the City Manager or his designee shall be returned to Contractor after review and shall not be retained by City.

11. Non-Discrimination and Equal Employment Opportunity.

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

B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer of that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 347
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

12. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor’s obligations h ereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

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

14. Compliance with Laws. Contractor shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulation that in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out - of-state corporation or LLC, it must be qualified or registered to do business in the state of California pursuant to sections 2105 and 17451 of California Corporations Cod. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section.

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

16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party or any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any defaul t which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right of remedy available to City with regard to such breach of default. 348

17. Attorney’s Fees. In the event that eit her party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs, including costs of expert witnesses and Contractors.

18. 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 (b) on the third day business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section.

19. Governing Law. This Agreement shall be interpreted, construed and enfo rce in accordance with the laws of the State of California.

20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.

22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements . This Agreement may not be amended, nor any provision of breach hereof waived, except in a writing signed by the Parties, which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the appropriate officer of the City as set forth in subsection 6 -3.1 et seq. of the Lynwood Municipal Code and attested by the City Clerk.

23. Authority. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
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(Signatures on Next Page)
RESOLUTION NO. _____

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING

THE EXECUTION OF AN AGREEMENT WITH THE SOCIETY FOR THE

PREVENTION OF CRUELTY TO ANIMALS LOS ANGELES (SPCALA)

TO PROVIDE ANIMAL SHELTERING SERVICES FOR A NOT TO
EXCEED AMOUNT OF $294,000
WHEREAS, the City of Lynwood desires to maintain a service agreement with the Society for the Prevention of Cruelty to Animals – Los Angeles (SPCALA) to provide routine sheltering services for dogs and cats, including taking in stray animals, adopting out animals, and disposing of dead animals; and
WHEREAS, the City of Lynwood has requested that SPCALA enter into this Agreement and provide animal services to the City for the period July 1, 2023 - August 31, 2024; and
WHEREAS, SPCALA has the staff, equipment, and shelter facility (located at 12910 Yukon Avenue in the City of Hawthorne) to safely and adequately provide animal sheltering and deceased animal disposal services to the City.

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

Section 2. The City Council herby authorizes and approves an agreement with the Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA) in an amount not to exceed $294,000 for the period of July 1, 2023 - August 31, 2024, in a form approved by the City Attorney.

Section 3. The City Council hereby authorizes the Mayor, or his designee, to take necessary steps, including the execution of agreements and other related documents with SPCALA as needed to undertake the implementation of all related services under the attached Exhibit A.

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

Section 5. This Resolution becomes effective immediately upon adoption. 350
Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this 15th day of August 2023.

Oscar Flores
Mayor
ATTEST:

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

Noel Tapia Ernie Hernandez
City Attorney City Manager
351

AGENDA STAFF REPORT

DATE:

August 15, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Brittany Leslie, Senior Management Analyst
SUBJECT:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF $45,000 IN ARPA FUNDING

TO PURCHASE SAFETY EQUIPMENT AND LESS LETHAL WEAPONS

FOR THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT

CENTURY STATION
Agenda Item # 10.1.

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF $45,000 IN ARPA FUNDING TO PURCHASE SAFETY EQUIPMENT

AND LESS LETHAL WEAPONS FOR THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT CENTURY STATION"
Background:

In an effort to provide a greater degree of protection and enforcement within the City of Lynwood, the Los Angeles County Sheriff's Department Century Station has requested assistance in purchasing safety equipment and new and updated less lethal weapons.

Discussion and Analysis:

Los Angeles County is grappling with rising instances of violent street take overs, flash mobs, criminal looting, and individuals experiencing mental health crisis where more accessible less lethal platforms are needed to restore order and deescalate incidents without higher level of force.

Additionally, with the rise of gun violence nationally, additional protective equipment is needed by law enforcement to assist mitigating the incident.

Century Station currently has only six Pepperball launchers which are approximately fifteen City Council City Council Regular Meeting 352
Resolution_-_Century_Station ARPA Appropriation.docx
years old. Due to their age, parts are no longer available for these less lethal launchers which are deployed daily in the field. Losing one due to malfunction could be catastrophic during a critical incident.

The Sage 40mm less lethal launcher is slowly replacing the 12 gauge Stun Bag shotgun because of its safety, more accurate sighting system, greater range of effectiveness, and the ability to use several different 40mm rounds to help solve a potential deadly force situation with minimal force.

Century Station currently has three ballistic shield’s which are deployed in the field sergeants’ vehicles which are deployed daily. These shields provide armored protection during a multitude of scenarios (i.e. active shooters in public places/schools, hostage rescues, dealing with armed suspects, clearing of locations, etc). Ballistic shields have a life span of approximately six years. The current shields in inventory expired approximately one year ago; these shields lose their ability to provide protection during these incidents for not only deputy personnel but the public. With the rise in violent crime, deputy personnel are faced with armed criminals who are in possession of high-powered rifles. Having the ballistic capabilities to protect against these weapons is paramount in ensuring personnel are able to perform their duties.

With the rise of civil unrest, the advancement of less lethal technology Century Station is requesting the purchase of inert blast balls devices. These are used to temporarily disrupt and disperse civil unrest incidents such as street take overs and looting mobs. These inert blast balls will be deployed under the supervision of the field sergeant under the oversight of the watch commander to ensure proper deployment. Inert blast balls allow for deputy personnel to be at a safe distance when deploying these less lethal weapons to gain compliance from an unruly and violent crowd.

To ensure the safety of deputy personnel and the public, the above-mentioned safety equipment will be standardized at the station to ensure all personnel are properly trained to enhance safety.

The procurement of these safety tools will enhance public safety and lead to deputy personnel mitigating critical incidents that might otherwise escalate.

Fiscal Impact:

Staff is requesting approval of an appropriation of $45,000 to account 1011.40.254.65020 from ARPA funds.

Coordinated With:

ATTACHMENTS:

Description
City Council City Council Regular Meeting 353
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF $45,000 IN ARPA FUNDING TO

PURCHASE SAFETY EQUIPMENT AND LESS LETHAL WEAPONS FOR THE LOS

ANGELES COUNTY SHERIFF'S DEPARTMENT CENTURY STATION
WHEREAS, On March 11, 2021, the President of the United States signed the American Rescue Plan Act of 2021 (ARPA); and
WHEREAS, The ARPA provided $1.9 trillion in relief funding intended to speed up the United States recovery from the economic and health effects of the Coronavirus pandemic; and
WHEREAS, Under the ARPA, Lynwood was awarded $24,400,000 in Recovery funds; and
WHEREAS, The City Council of the City of Lynwood (the “City Council”) approved the Lynwood Economic & Community Enhancement Plan February 1, 2022; and WHEREAS, staff has identified a need in additional safety equipment and less lethal weapon options to enhance the safety and effectiveness of the Los Angeles County Sheriff’s Department Century Station; and
WHEREAS, as a result, staff is recommending the following proposed budget adjustments, which will amend the Lynwood Economic & Community Enhancement Plan.

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

Section 2. By adoption of this resolution, the City Council approves the Proposed Budget Adjustments and hereby amends the Lynwood Economic & Community Enhancement Plan.

Fund Description Amount
1011.40.254.65020 Public Safety $45,000
Total $45,000
Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 4. That this Resolution shall take effect immediately upon its adoption.

Section 5. The City Clerk shall certify as to the adoption of this Resolution. 354
PASSED, APPROVED and ADOPTED this 15th day of August 2023 Oscar Flores
MAYOR
ATTEST:

Maria Quinonez

CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Ernie Hernandez

CITY ATTORNEY CITY MANAGER
355

AGENDA STAFF REPORT

DATE:

August 15, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
Mark Flores, Director of Recreation & Community Services SUBJECT:

AWARD OF CONTRACT TO BRIGHTVIEW LANDSCAPE

DEVELOPMENT FOR THE DESIGN BUILD SERVICES FOR THE
LYNWOOD PARK - MEGA PLAYGROUND PHASE 1
Agenda Item # 10.2.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A

CONTRACT TO BRIGHTVIEW LANDSCAPE DEVELOPMENT FOR DESIGN BUILD SERVICES FOR THE LYNWOOD PARK - MEGA PLAYGROUND PHASE 1 PROJECT;

AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS

RELATED TO THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.”
Background:

The City of Lynwood Parks and Recreation staff published an advertisement for a “Request for Proposal for Design Build Services for the Lynwood Park – Mega Playground Phase 1” project seeking proposals from qualified firms to assist in the design and construction of a new playground within the City’s Lynwood Park.

The playground theme is “Space” as a tribute to the original playground. Important elements the City wanted included were “Risk-taking play” – taller, more challenging playground equipment (for the older ages), separated playgrounds into age-group play areas, “Inclusive” playground elements which are imperative for children of all abilities to play together and space-themed equipment with at least one, tall “Rocket” structure play element.

Contractors had the opportunity to partner with an architect, or vice versa, to submit a proposal for this design-build Request for Proposal (RFP). A RFP process allows city staff to evaluate City Council City Council Regular Meeting 356
proposals based on scale by several raters which includes the following criteria – Project Understanding and Approach, Firm Experience, Proposed Project Team and Qualifications, References, Project Schedule, and Fee Proposal. A design-build project in the construction industry is where a single entity is responsible for both the design as well as the construction of a project.

The advertisement for the RFP was posted on April 7, 2023. A mandatory on-site meeting was held on April 19, 2023, at 10:00 a.m., Request for Information (RFI)/Questions were due for this project on April 26, 2023, at 2:00 p.m.. The proposal submission deadline was on May 11, 2023, at 2:00 p.m. on the PlanetBids platform.

Discussion and Analysis:

On May 11, 2023, the following two (2) entities submitted proposals:

Proposal
BrightView Landscape Development
Landscape Structures, Inc.

The city received two proposals which they evaluated with the Rating Sheet that was included in the project documents.

Item
Weight
Project Understanding and
Approach
20%
Firm Experience: Describe the
experience of the firm, and of the
individuals assigned, with related
projects of a similar nature.
10%
Proposed Project Team and
Qualifications: Describe your
staff’s unique qualifications and
credentials for this type of work.
20%
References: List at least three (3)
references.
30%
Project Schedule: Describe your
plan/schedule for completing the
work.
10%
Fee Proposal
10%

After reviewing and rating the submitted proposals, staff interviewed the two (2) firms on June 5th, 2023, to understand their exact planning of design and construction.

An analysis of the selected firm was conducted, including a review of their bid schedule, license, references, and required documents. BrightView Landscape Development was the selected entity for the design-build project with a proposal amount of $6,749,987.00. The bidder’s previous performance reveals that the contractor has the necessary experience and City Council City Council Regular Meeting 357
the contractor’s license for this type of project.

The Scope of Services include: a large, destination playground complex – Playground complex is to expand into most of the available space in the designated area. “Pour in place” surfacing; a short fence around entire area; expanded walkways; safety lighting; viewing/seating areas for guardians outside of the playground fence; water fountain/s; trash cans; and to keep as many trees as possible (with plans for replacements if some trees need to be replaced).

It is estimated that this project will take approximately 310 calendar days to complete the work set forth in the specifications. Upon authorization, staff will circulate the contract documents, set up a pre-construction meeting, and schedule work to commence.

The tables below are the proposed construction budget and approved budget funding information:

Current Budget
General Fund
$3,250,000
Measure A
$1,300,000
2019 Lease Revenue
$5,000,000
Total Funding Available
$9,550,000

Estimated Construction Cost
Construction Proposal Amount
$6,749,987
10% Contingency
$675,000
Construction Management/Construction
Inspection (10%)
$675,000
Project Management (8%)
$540,000
Labor Compliance & Other (5%)
$337,022
Total Projected Cost
$8,977,009

Currently $9,550,000 is available to fund this project which is more than the estimated project cost of $8,977,009.

Fiscal Impact:

The City Council has approved FY24 Budget of $9,550,000 in General Funds, Measure A, and 2019 Lease Revenue funds for the Design Build Services for the Lynwood Park – Mega Playground Phase 1 project. No additional funding is needed.

Coordinated With:

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

Description
City Council City Council Regular Meeting 358
Resolution
Agreement
BrightView Landscape Development Proposal
City Council City Council Regular Meeting 359
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AWARDING A CONTRACT TO BRIGHTVIEW LANDSCAPE

DEVELOPMENT FOR DESIGN BUILD SERVICES FOR THE LYNWOOD
PARK - MEGA PLAYGROUND PHASE 1 PROJECT; AUTHORIZING THE

CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED

TO THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE

AGREEMENT
WHEREAS, the City of Lynwood Parks and Recreation staff published an advertisement for a “Request for Proposal for Design Build Services for the Lynwood Park – Mega Playground Phase 1” project seeking proposals from qualified firms to assist in the design and construction of Phase 1 of the playground expansion within the city’s Lynwood Park.; and
WHEREAS, the scope of services includes: a large playground complex, play surfacing, fencing, walkways, lighting, seating areas, water fountains, trash cans, and tree planting; and
WHEREAS, a Request for Proposal (RFP) was posted on April 7, 2023 on the City’s website (PlanetBids). The proposal submission deadline was on May 11, 2023 at 2:00 p.m. and two (2) proposals were submitted.; and
WHEREAS, the proposals were reviewed by staff and interviews were conducted with each firm on June 5th, 2023.; and
WHEREAS, BrightView Landscape Development was the selected entity for the design-build project with a proposal amount of $6,749,987.00; and WHEREAS, the estimated project expenditure has a total cost of $8,977,009.; and WHEREAS, The City’s FY 23-24 CIP budget includes $9,550,000 of the following funds for this project: General Fund - $3,250,000, Measure A – $1,300,000, 2019 Lease Revenue - $5,000,000.; and

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

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

Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and BrightView Landscape Development in a form approved by the City Attorney in the amount of $6,749,987.00. 360
1 Section 3. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders, or agreement amendments related to the Project up to the available Project Budget.

Section 5. Per the City’s amended Contracting and Purchasing Policy, the City Council of the City of Lynwood approves construction inspection services from on call engineering consultant Infrastructure Engineers.

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

Section 7. This Resolution shall take effect immediately upon its adoption.

Section 8. The City Clerk shall certify as to the adoption of this Resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
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3 PASSED, APPROVED and ADOPTED this 15th day of August 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
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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 15 th day of August 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 15th day of August 2023.

Maria Quinonez, City Clerk
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1 PROFESSIONAL SERVICES AGREEMENT

This agreement (“Agreement”) is made as of ___________________, 20_____ by and between the City of Lynwood , a municipal corporation ("City") and _____________________________________. and Consulting (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S

WHEREAS, City desires to utilize the services of Consultant as an independent contractor to ________________________________________________ as set forth in the Scope of Services attached hereto as Exhibit A; and

WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.

2. Term of Agreement . This Agreement shall commence on ________________, 20_____ (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than ____________, 20____ unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It s hall be available for review by the City at all reasonable times upon request.

B. Total payment to Consultant pursuant to this Agreement shall not exceed ___________________________________ dollars ($________________).

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such 364
2 expenses; and (III) receipts documenting such expenses.

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

5. Addresses.

City of Lynwood

City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Jose Ometeotl, City Manager

Company

____________________
____________________
____________________
____________________

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

Exhibit A – Scope of Work/Services and Compensation Schedule Exhibit B – General Terms and Conditions

SIGNATURES ON FOLLOWING PAGE

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.

CITY

CITY OF LYNWOOD

By: ______________________________ ______________________ Mayor Date

CONSULTANT

______________________________
365
3 By: _______________________________ ________________________ Name Date

ATTEST:

By: ______________________________ ________________________ City Clerk Date

APPROVED AS TO FORM:

By: ______________________________ ________________________ City Attorney Date

366
4 EXHIBIT A

SCOPE OF WORK/SERVICES

(Insert Proposal)

367

EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, an independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.

B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of an independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Consultant shall fully comply with the workers' compen sation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.

D. Consultant represents to t he City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, inclu ding Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act. Consultant further agrees to defend, indemnify, and hold the City harmless for any and all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.

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2. Standard of Performance

Consultant shall perform all work to the highest professional standards and in a manner satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.

3. Indemnification.

A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.

B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.

C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of th is Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.

4. Insurance.

A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:

369

(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross- liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less t han $1,000,000 per accident for all covered losses;

(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after comp letion of the services required by this Agreement.

B. City, its officers, officials, employees, and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.

C. All insurance polici es shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce, or otherwise modify said insurance coverage.

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E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement.

Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".

F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.

G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.

5. Release of Information/Confidentiality.

A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information develop ed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response

6. Ownership of Work Product.

A. Consultant shall maintain complete and accurate records with respect to 371

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

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

7. Conflict of Interest.

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

B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the ser vices that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.

8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).

Upon receipt of said notice, the Consultant shall immediately cease all w ork under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination. Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately 372

upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.

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

9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.

10. Non-Discrimination and Equal Employment Opportunity.

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

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

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

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

12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. 373

City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.

13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement.

Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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

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

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

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

18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non -binding arbitration.

19. Counterparts. This Agreement may be e xecuted in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

20. Severability. If any provision or any part of any provision of this Agreement is found 374

to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.

21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement.

Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.

22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreeme nt; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.

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

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PROPOSAL FOR
May 11, 2023
Lynwood Mega Playground
Phase I
City of Lynwood
376
377
Cover Letter Pg. 04
Project Understanding & Approach Pg. 06
Preliminary Design Pg. 08
Project Schedule Pg. 12
Fee Proposal Pg. 13
Team Experience Pg. 14
Proposed Project Team Pg. 16
References Pg. 27
Qualifications Pg. 28
Appendix: Licenses & Certifications Pg. 45
Table of Contents
Proposal copyright ©2023 by SWA Group. No portion of this proposal may be copied or distributed without the written permission of SWA Group.
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4 I Lynwood Mega Playground I SWA
May 11, 2023
Mir Fattahi
Acting City Engineer
City of Lynwood
11330 Bullis Rd
Lynwood, CA 90262
Via: Planetbids
RE: DesignBuild Services for the Lynwood Park -
Mega Playground Phase 1
Dear Mr. Fattahi:

Playgrounds are an essential community amenity; it is not just where children play, but where they learn to navigate their environments and learn from one another. We are confident that the Mega Playground can become an innovative and visionary playground complex for children of all ages and all abilities. Tying together the ideas of risk-taking play and inclusive play structures with the theme of ‘Space’ - will further strengthen the amenities at Lynwood Park, where many recreational acitivites take place with the support of the City’s team. Enclosed are our proposal and qualifications, jointly developed between BrightView, Kompan and SWA - a complete design-build team that is ready to expeditiously and efficiently deliver the brand-new Mega Playground.

Collaboration and Strength of a Design-led Construction Team:

BrightView Landscape Development, Kompan, and SWA propose a seamless and parallel process of design development, site preparation, and equipment procurement to construction to maximize on efficiency. If selected, SWA will manage and lead the design and construction documentation process. As landscape architects passionate about public parks, we are ready to deliver a regional destination for families. Simultaneous to this design process, BrightView, together with Kompan, will focus on the demolition and site preparation, as well as procurement and installation of the play equipment, furniture, surface treatments, and lighting elements outlined in the attached concept plan.

Our team of experts is well suited to the needs of this project. Our engineering partner, PSOMAS will provide civil, structural and utility support. Simultaneously, P2S will provide the necessary plumbing and electrical support for a fully accessible playground and amenity area. We have also collected services for geotechnical engineering, soil analysis, and cost estimation specialists to determine the project’s needs. Our firms will work in alignment and with expediency for the City of Lywnood, to execute a cohesive design that addresses each park’s needs.

BrightView
In 2014, ValleyCrest & Brickman formed BrightView, bringing together over 140 years of landscaping experience. With 30 branches nationwide managing over 1,000 active job sites at any given time, BrightView’s ability to construct, operate and maintain landscapes is considered the industry’s leading standard. Locally in Southern California, BrightView has performed Design- Build services at The Great Park in Irvine, CA ($102M in two phases). Chad Benton will lead the BrightView team from kick-off through construction and project completion.

Point of Contacts:

Chad Benton
Associate Branch Manager
BrightView Landscape
Development
chad.benton@brightview.
com
Jon Teberg
Director
Kompan Playground
Manufacturer
[email protected]

Ying-yu Hung, FASLA
Managing Principal
SWA Landscape Architecture
[email protected]
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SWA l Lynwood Mega Playground I 5
SWA
Founded in 1960, SWA is a firm of landscape architects, urban planners, and urban designers experienced in delivering parks from the planning stage through design and construction. We endeavor to interact seamlessly with the City of Lynwood and its community members. SWA will ensure a direct connection between the project’s needs and budget, the design process, and our consultant’s deliverables. Ying-yu Hung (Registered Landscape Architect) will be the Lead Landscape Architect and Jeremy Klemic will act as the Project Manager.

KOMPAN
Since the establishment of the KOMPAN Play Institute in the 1980s, inclusive play and universal design have been part of KOMPAN’s DNA. Universal design welcomes all users, regardless of their abilities. It means an inclusive approach: All people cannot necessarily play on everything, but all should be able to play on something. We call it “Play for All”. Equality in playground access and use is a fundamental responsibility of our communities. KOMPAN will provide proper, documented solutions in accordance with inclusive play. Jon Teberg, will lead the team with Grant Bauer as the Project Manager and point-of-contact.

Between these three firms we have designed, built, and managed the construction processes of notable parks and playground facilities. SWA will control the design process, while Kompan manufacturers the specialty equipment that will express the concept of the ‘Space Age’.

Meanwhile, BrightView will commence with site demolition and preparation to have the project at ‘shovel ready’ upon the completion of the play equipment production. Please see our proposal for schedule and cost in the following pages, which strictly adhere to the expectations outlined in the RFP, pre-proposal meeting, and the subsequent addendum.

We would be honored to partner with the City of Lynwood, community stakeholders, and pertinent commissions to renovate this community playground into a regional amenity. We would like to speak with you about this important project. We also acknowledge Addendum No. 1, issued on May 3, 2023.

Sincerely,
Chad Benton
BrightView
Jon Teberg
Kompan
Ying-yu Hung, FASLA
SWA
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6 I Lynwood Mega Playground I SWA

PROJECT UNDERSTANDING
& APPROACH
The Lynwood Mega Playground (Phase I)
will be a vital and cherished community
amenity, with innovative playground
equipment, improved open space, and
family gathering areas. We recognize
the City of Lynwood is seeking to create
a dynamic playground with an efficient
timeline from design to construction. The
prepared scope intends to deliver the
project within a 13 Month timeline.

Design & Construction Team
The synergy of the SWA, Kompan and BrightView team will continue throughout the entire project from kick-off through completion. It is understood that the delivery method of this project is to be Design-Build, as such the Team’s anticipated phases are:

1. Conceptual Development

2. Construction Drawings

3. Construction Completion
Conceptual Development: (anticipated duration
= 1 month -inclusive of City Review and
approval)
The renewed conceptual plan in the pages to follow
meets the City’s desire to have a one of a kind, signature playground that will be a destination location for residents and visitors alike. Provision of a full Conceptual Package will warrant further development to verify custom play
equipment design and layout of all play equipment and to ensure that the site design and layout meet the City’s intent for this unique playground. The design will include ‘Pour in Place’ surfacing, short fence around play area, expanded walkways, safety lighting, viewing/seating areas for
guardinas, water fountains, trash cans, and attempt to keep all trees. Play equipment will harness the following elements:
“Risk-taking play”, age-group separated areas, Inclusive play elements, a ‘Space’ theme with a Rocket structure.

The package will include a refined conceptual plan and
conceptual renderings and imagery for each play space,
including the large equipment. To assure that the project will be within the anticipated budget the package will
include a cost estimate by Kompan for the play equipment will be included in an overall cost estimate by BrightView for the construction of the entire project. The Conceptual Package will be provided to the City for review and approval of design and cost, prior to the placement of an order to Kompan for the play equipment to commence fabrication. It is to be noted that there is potential for site demolition to commence during this phase.

Deliverables:
• Conceptual Plan
• Renderings
• Cost Estimate
• Geotechnical Report (for development of Construction
details)
• Arborist Review (for tree protection plan)
Construction Drawings: (anticipated duration
= 1 month - inclusive of City and BrightView
review and comment)
In conjunction with the continued site demolition and initial portions of the construction process the Design Team,
SWA, Kompan, Psomas, P2S and Sweeny will develop the
Construction Drawings. In coordination with BrightView it has been determined that to best meet the project schedule and allow for the Design/Build process to flow smoothly an initial submittal for 60% Construction Drawing package will be sufficient. This package will contain all necessary information, plans details and specifications for the
construction team to progress efficiently with the work.

The intent for this package is to provide definitive direction for the site work and confirmation of the cost. The Design Team will provide the Construction Drawings to both the City and BrightView for review and comment. It is expected that any comments or additional information needed will be addressed in an expedited, single revision for 100%
CD submission accordingly in order to adhere to the
construction schedule. SWA will manage the coordination of the Design Team and compilation of the Construction
Drawing submittal.

Deliverables for the 60% / 100% Construction Drawings
inclusive of:
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SWA l Lynwood Mega Playground I 7
• Tree Protection Plan
• Demolition Plan
• Grading and Drainage Plan
• Horizontal Control Plan
• Layout and Materials Plan
• Paving Plan (inclusive of resilient surfacing)
• Play Equipment Layout Plan
• Planting Plan
• Irrigation Plan
• Lighting and Power Plan
• Play Equipment Specifications / Cut sheets
• Specifications
• Details
• Cost Estimate
Construction Completion: (anticipated
duration = 11 months -this duration should be
BrightView’s overall time)
It is expected that select construction activities will be able to take place during the previous two phases. The Design Team will be available to respond to any unforeseen conditions with the contractor accordingly during the first two phases of the project. Upon completion of the 60%
Construction Drawings package the Design Team’s role will pivot to providing responses to any Requests for Information (RFI’s) and review of Submittals and Mock-ups during the Construction Completion phase.

As the project is to be expedited the Design Team will
endeavor to provide responses in a timely manner; 2 days for RFI’s and 5 days for submittals, with the intent to provide responses sooner if possible. SWA will manage
the coordination of the Design Team and coordination of responses. SWA will also be available for site walks to review progress of construction and a final Punch Walk to review construction completion. Note: current scope of design and construction is not anticipated to include ADA improvements to the restrooms, sidewalk or parking nor LID stormwater infiltration improvements.

Deliverables:
• RFI review and responses
• Submittal review and responses
• Mock-up review and responses
• Site walk (5 in total)
• Punch Walk (back-punch included)
Orange County Great Park - a Design-Build park project by BrightView Landscape Development. 382
8 I Lynwood Mega Playground I SWA
Toddler Play
Picnic TableSignage Sinage CIP Concrete
Bench
CIP Concrete
Bench
Talking Tube ‘Rings of Saturn’
Mesh Play
Swings, Twisters,
Universal Carousel,
etc.

Circular
Concrete Stool
‘Saturn’

CONCEPTUAL PLAN
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SWA l Lynwood Mega Playground I 9
0 10’ 20’ 40’
CIP Concrete Bench
Signage‘Rings of Saturn’
Mesh Play
Swings, Twisters,
Universal Carousel,
etc.

Picnic Table
Concrete Path
Circular Concrete Stool
Customized Skywalk Customized Rocket
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10 I Lynwood Mega Playground I SWA
‘Skywalk’ customized play equipment.

Shell Nest Swing
Inclusive Twister Spinners under the ‘Ring’
Spinner Disc Balls at the ‘Ring’
Universal Carousel

CONCEPTUAL RENDERING
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SWA l Lynwood Mega Playground I 11
‘Saturn’ and ‘Rings of Saturn’ customized play equipment. ‘Rocket’ customized play equipment.
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SCHEDULE

Nota Bene:

Schedule is constructed with the assumption that the City will proceed with a Notice to Proceed on June 1, 2023. The estimated schedule is a 13 month timeline to July 2024. 387
SWA l Lynwood Mega Playground I 13
DESIGN+BUILD ROUGH ORDER OF MAGNITUDE BUDGET BREAKDOWN
Project: Lynwood Mega Playground - Phase 1
Lynwood, CA
Presented to: The City of Lynwood

Description Qty. Unit Unit Price Amount
GENERAL CONDITIONS/MOBILIZATION/SUPERVISION 529,900.00$ DESIGN SERVICES (SWA) 550,000.00$
PLAY EQUIPMENT INSTALL ONLY (KOMPAN) 976,594.00$
PIP (SpectraTurf) 297,440.00$
SITE MAKE READY 83,000.00$
TEMP SERVICES 110,715.00$
EARTHWORK 231,385.00$
SITE FURNISHINGS 65,250.00$
SITE LIGHTING 182,875.00$
HARDSCAPE FLATWORK 370,854.00$
PERIMETER FENCING 61,105.00$
LANDSCAPE 339,466.00$
188,150.00$
90 DAY ESTABLISHMENT 25,000.00$
SUBTOTAL 4,011,734.00$
PAYMENT and PERFORMANCE BONDS 1% 40,117.00$
OPTION #1: BRIGHTVIEW (Lead D+B Contractor) TOTAL 4,051,851.00$ *City of Lynwood can contract with BrightView for all D+B services without KOMPAN Material, Tax and Freight.

OPTION #1: KOMPAN DIRECT (Material, Tax and Freight Only) TOTAL 3,441,500.00$ OPTION #1: TWO CONTRACTS - GRAND TOTAL $ 7,493,351.00 OPTION #2: BRIGHTVIEW and KOMPAN COMBINED (Under one D+B Contract) 7,837,501.00$ *City of Lynwood can contract all services under one contract with contractors fee on all KOMPAN Materials *Note, Option #2 is ($344,150.) more expensive than Option #1

IRRIGATION
Date: 5/11/2023
*City of Lynwood can purchase material only from KOMPAN to reduce fees and bond costs by D+B Contractor.

Brightview Landscape Development, Inc. 1 LYNWOOD MEGA PLAYGROUND ROM OPTION 1 and 2 05.11.23.xls

FEE PROPOSAL & CONSTRUCTION BUDGET
Nota Bene:

BrightView’s cost proposal below strongly suggests the City of Lynwood to proceed with Option #1 in which the total fees for design services, equipment, and labor totals $7,493,351. The savings in Option #1 are due to the lowering fees when the City of Lynwood purchases equipment directly from Kompan.

Note: BrightView’s Fee Proposal is 10%
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14 I Lynwood Mega Playground I SWA

BRIGHTVIEW
As the nation’s leading landscape
services company, BrightView’s more
than 20,000 team members consistently
bring excellent landscapes to life at
thousands of client properties, fostering
collaborative relationships that help drive
our clients’ success. With comprehensive
capabilities serving the entire landscape
lifecycle, BrightView is a single-source
solution for landscape needs. From
design, to development, maintenance, and
enhancements, BrightView is considered
a trusted partner for properties both
nationally and internationally in hospitality,
higher education, healthcare and corporate
campuses, among others.

For the past six decades, BrightView has demonstrated a proven track record of unparalleled knowledge and technical ability, outstanding customer service and retention,
relentless execution and a true understanding of customers’ needs. BrightView will function as the Design-Build
manager during all phases of the project. BrightView
will be responsible for overall team coordination and
management, design leadership, preconstruction services, constructability review, procurement evaluation, etc.

The design stages will be coordinated and led by BrightView’s Design-Build Manager who will be actively supported by
members of our BrightView team, who will function as
a design process coordinator and design quality control manager. In addition to our BrightView resources, we have assembled a team expressly to bring multiple perspectives and the depth of expertise needed to address the Mega
Playground project. In considering our team, we sought
project partners with first-hand experience in community park design with a specific focus on problem solving for best design solutions and constructability.

Design-Build
BrightView’s Design-Build service seeks to fully integrate the design and construction process to minimize project risks for the Client and accelerate the project completion schedule. Design-Build focuses on combining the design, permit, and construction schedules in order to streamline the traditional design-bid-build environment.

This approach shortens the time it takes to complete
the individual tasks of creating construction documents (working drawings and specifications), acquiring building and other permits, and constructing the project by
bringing together design and construction professionals in a collaborative environment to complete these tasks
concurrently. Additionally, Design-Build simplifies and internalizes the design and construction process reducing the Client’s administrative burden especially during the construction process.

Clear benefits to Integrated Design-Build include:
• Clearer accountability for risk within a construction process as design and construction are part of same
team. This relationship eliminates the need for Owner
to resolve misunderstandings between design and
construction team that raise project costs, delay the
schedule, and compromise quality.
• Ability to accelerate the project schedule by integrating design and construction process.
• Eliminates need for multiple Owner initiated RFP/Bidding processes allowing faster time to completion and
opening of facilities.
• Reduced administrative burden for Owner/Owner’s
Representation with a single point of contact for both
design and construction. Streamlined process allows
the Owner minimize their role as a nexus for information for many mundane design and construction related
processes.
• Improved cost control throughout the design and
construction process through integration of the design
and construction team from the project start to finish.

Project is designed with detailed understanding of
construction costs and maintenance implications.
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SWA l Lynwood Mega Playground I 15
SWA
Open spaces serve the Los Angeles
community and its vast neighborhoods
in multiple ways: from enhancing an area
with recreational amenities to increasing
the real estate value and stimulating
business growth to promote recreational
amenities so that all residents can lead
active lifestyles immersed in the natural
environment. From urban parks and plazas
to waterfronts, both international and
domestic, SWA has planned and reimagined
these unique spaces with specific
consideration to ecological, health, and
economic benefits.

Public Parks and Open Spaces - A Place for Community
Locally, SWA is engaged in numerous public agencies, non- profit institutions, developers, and architects in Los Angeles County through public realm improvements, from beachside bikeways to playgrounds, museums, and institutional
campuses to city-scale planning and programming exercises.

Our work covers diverse stakeholders from the City of
Santa Monica, Culver City, Los Angeles, Redondo Beach,
Manhattan Beach, and Hermosa Beach to permit holders and stakeholders such as the California Coastal Commission, US Army Corps of Engineers, LA County Flood Control District; in addition, we have served numerous non-profits such as Norton Simon Museum, MRCA, Tree People, Baldwin Hills
Conservancy and the Friends of the Ballona Creek.

In the City of Lynwood, SWA has been involved in several public park and placemaking projects including the now
completed Ricardo Lara Linear Park (2016) and the soon
to be completed Fernwood Park. We are also honored to
be on the Lynwood Public Works On-Call for Landscape
Architecture.

Planning & Landscape Architecture
SWA provides land planning and master planning services, and we integrate high-level landscape architecture into our planning work. Our plans make sensitive use of topography, landform, natural resources, vegetation, infrastructure, and buildings, resulting in more livable and sustainable projects.

With the knowledge and practical know-how of building
landscape architectural design, we vet planning studies for a balance of its visionary aspects and how to execute them in the subsequent phases of the project.

SWA Group (SWA) is a national leader in placemaking,
landscape architecture, and urban design. Throughout our 67-year history, SWA has embraced the idea that planning and design can shape the environment in fundamental ways.

Our practice is a constant search for a better approach, or more interesting and informed response, to the wide array of environmental and urban challenges brought to us by our clients.

Originally founded in 1957 as Sasaki Walker & Associates, SWA became one of the first companies on the West Coast to be owned by an Employee Stock Ownership Plan (ESOP) in 1973.

This financial model has resulted in the company maintaining 100% employee-ownership and stability for over 60 years.

The firm is structured to facilitate the role of planning and design in developing memorable places that have clarity in function, identity, and meaning. In addition to bringing strong aesthetic, functional, and social design ideas to each project undertaken by the firm, we are committed to integrating principles of environmental sustainability in all of our designs.

At the core of our practice is a passion for imaginative, solution-oriented design that balances the needs of
natural and built environments with social, cultural, and economic objectives to create value for our clients and the communities our work support. We propose landscape and
urban design that shape the public realm to be inclusive and context-sensitive. Our designs can build stronger community ties, where families and friends meet and maintain their relationships, and visitors and guests immerse themselves in local businesses and cultural and recreational activities. 390
16 I Lynwood Mega Playground I SWA

PROPOSED PROJECT TEAM & QUALIFICATIONS

CITY OF LYNWOOD
Mir Fattahi, Acting City Engineer
SWA

LANDSCAPE ARCHITECTURE
Design and Documentation

BRIGHTVIEW

LANDSCAPE DEVELOPMENT
Design-Build Manager, Oversight, Landscape Construction

SUB-CONSULTANT TEAM
PSOMAS
Ryan Lynch, PE
Civil Engineering
P2S
Gary Jewell
Lighting / MEP Engineering

SWEENEY
Lance Sweeney
Irrigation Engineering
GEOCON
Harry Derkalousdian, PE
Geotechnical Engineering
KOMPAN
Playground Equipment & Installation
Ying Yu Hung, PLA
Managing Principal
Lead Landscape Architect
Jeremy Klemic, PLA
Associate Principal
Project Manager
Jon Teberg
Director
Play Equipment Procurement
Grant Bauer
Sales & Procurement
Chad Benton
Assistant Branch Manager
Design-Build Manager
Tony Messina
General manager
Design-Build Manager
Tim Carpenter
Operations Manager
General Superintendent
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SWA l Lynwood Mega Playground I 17
Education
Bachelor of Landscape Architecture,
California Polytechnic University, San Luis
Obispo, CA
Experience
Landscape Professional Experience Since
2000
Employed by BrightView Since 2003
In Current Position Since 2022
Chad Benton, BrightView Landscape Development

ASSISTANT BRANCH MANAGER
ROLE: DESIGN-BUILD MANAGER
Chad is responsible for managing the sales and estimating process and supporting project management for BrightView’s Development team in Los Angeles. In this role, he is responsible for business development in the Los Angeles area. Chad’s specialty includes structure landscape, large parks, sports fields, business and technology, university campus, resorts and casinos, hospitality, health care facilities, high-end private residential, and design+build projects. He is also responsible for assisting in managing a team of estimators, project managers, project engineers and office staff.

Representative Projects:

Grand Park and Grand Park Playground, Civic Center, Downtown Los Angeles, CA: $5.4 M
The renovation of an iconic civic open space in downtown Los Angeles, this project was built over structure and included a playground addition to a complete renova- tion of the park. This project was followed by the renovation of The Music Center Plaza shortly after.

Tongva Park, Santa Monica, CA: $5.2 M
This transformative park was built for the City of Santa Monica with and extensive playground area. This park is a treasured feature for both locals and tourists alike and is one of the most visited parks in the Southland.

SOFI Stadium and Lake Park (Public Park), Inglewood, CA: $39 M (landscape) $40 M (water feature)
New sports and entertainment center home to SoFi Stadium and surrounding park amenities and mixed-use projects. Early involvement with site landscape and water feature budgeting. Final contract negotiations and project start-ups.

Lucas Museum of Narrative Art (Private Park at Ground Level), Exposition Park, Los Angeles, CA: $18 M
The new home for George Lucas’s collection of narrative art. Nearing completion the project has public spaces, privately funded that will be opening soon. The project is built over-structure and has a sky garden roof top landscape in addition to ground level park areas.
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Education
California State Polytechnic University of
Pomona B.S. Landscape Architecture -
Class of 2000
Fullerton College A.A. Architecture - Class
of 1996
Experience
Landscape Professional Experience Since
1999
In Current Position Since 2019
Tony Messina, BrightView Landscape Development

VICE PRESIDENT, GENERAL MANAGER
ROLE: DESIGN BUILD MANAGER
Tony specializes in design-build projects for residential and commercial landscapes, water features, theme parks, retail centers, schools, parks, street scapes and city redevelopment. Tony ensures all projects fulfill contract requirements for the branch office. As VP, his responsibilities include:
• Planning, scheduling and administering a multi-million dollar branch budget • Ensuring all branch development jobs are completed according to plans, on budget and according to deadlines.
• Creating a highly efficient environment that also is focused on exceptional service and quality.
• Representing the company, building relationships with owners, clients, architects, contractors
• Hiring results oriented, team players to staff the branch. • Always ensuring safety and efficiency.

Representative Projects:

OPERATIONS MANAGER
ROLE: GENERAL SUPERINTENDENT
Tim Carpenter is in charge of branch operations for ValleyCrest’s San Fernando, Calif. Office, ensuring the safety and efficiency of the office and its projects. Mr.

Carpenter’s effectiveness in this role evolved out of his many years as a Project Superintendent and General Superintendent. Mr. Carpenter’s’ responsibilities include:
• Hiring results-oriented team members
• Work load projections for the office
• Customer relations
• Quality control
• Optimizing labor, tools, and equipment resources across multiple concurrent projects.

Representative Projects:

SPACE SHUTTLE ENDEAVOR MOVE I CUSTOMER: CALIFORNIA SCIENCE CENTER I CONTRACT VALUE: $3M
Key role in the forward planning and executing the move of Space Shuttle Endeav- or from LAX to Exposition Park in Los Angeles, CA. The 122’ x 57’ x 78’ 150,000 lb. orbiter was moved as a complete unit through the streets of Los Angeles in 3 day, 14 mile non-stop operation. Total weight of the load including specialized transport machinery was 500,000 lbs. Planning, permitting and tree removals for the effort was a 2 year duration and tree replacement was another year after the move was completed.

PROJECT: LAS VEGAS BOULEVARD (THE STRIP) BEATIFICATION PROJECT I CUS- TOMER: CLARK COUNTY I CONTRACT VALUE: $15M
Removal & replacement of top 24” of soil in 3 miles of median islands, boring under streets to facilitate installation of landscape lighting & irrigation system. Land- scape scope included the installation of 255 Phoenix canariensis palm trees along with turf & shrubs. The entire project was done between the hours of 2:00 am and 10:00 am. The allowed 18 month construction duration was completed in 12 months.

Lucas Museum of Narrative Art (Private Park at Ground Level), Exposition Park, Los Angeles, CA: $18 M
The new home for George Lucas’s collection of narrative art. Nearing completion the project has public spaces, privately funded that will be opening soon. The project is built over-structure and has a sky garden roof top landscape in addition to ground level park areas.
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Education
Master of Landscape Architecture,
Harvard University, Graduate School of
Design, 1994
Bachelor of Arts, with honors,
Architecture; University of California,
Berkeley, 1990
Languages
Native Chinese Speaker
Registrations
Registered Landscape Architect: #4374,
California
Professional Affiliations
Fellow, American Society of Landscape
Architects (ASLA)
Select Awards
ASLA Award of Excellence, Urban Design,
Ricardo Lara Park, Lynwood, CA, 2021.

ASLA SoCA Chapter Merit Award, North
Beach Trail, Santa Monica, CA, 2021.

ULI Community Impact Award, Ricardo
Lara Park, Lynwood, CA, Design, 2018.

ASLA Southern California Chapter Honor
Award, Ricardo Lara Park, Lynwood, CA,
Design, 2018.

ASLA Southern California Chapter Merit
Award, Bicentennial Park, Hawthorne, CA,
Design, 2018.

Ying-yu Hung, PLA, FASLA

MANAGING PRINCIPAL, SWA
ROLE: LEAD LANDSCAPE ARCHITECT
Public parks in and around Los Angeles are of particular interest to Ms. Hung, as they have a direct impact in improving the quality of life, particularly in growing neighborhoods with young families with children. Of note, Ricardo Lara Linear Park and Bicentennial Park have received numerous awards from professional bodies such as the Urban Land Institute (ULI) and American Society of Landscape Architects (ASLA). Through every design project during her 25 years of practice, Ms. Hung investigates the desires and needs of the project’s ultimate stakeholders in order to ensure a final outcome that encourages the community to be both users and stewards of the public space.

Representative Projects:

Ricardo Lara Linear Park, Lynwood, California.

Fernwood Park, Lynwood, California.

Mega Playground Concept Drawings, Lynwood, California.

Polliwog Park, Manhattan Beach, California.

Bicentennial Park, Hawthorne, California.

Bohnett Park Renovation, Santa Barbara, California.

Canyon Country Community Center, Santa Clarita, California.

Burton Chace Park, Maria del Rey, California.

City of Santa Monica; Petanque Park, Palisades Park, Chain Reaction Park, Public Safety Facility, Reed Park, Santa Monica, California.

Central Park Vision and Concept Design, Glendale, California.

Glendale Sports Complex, Glendale, California
King Harbor Public Amenities Plan, Redondo Beach, California.

Culver City Media Park, Culver City, California.

Franklin D. Roosevelt Park, Los Angeles, California.

Santa Monica North Beach Trail, Santa Monica, California.

Ballona Creek Vision Plan, Culver City, California.

Milton Street Park, Los Angeles, California.

Glendale Western Reservoir, Glendale, California.

Puente Creek Bikeway, Los Angeles, California.

Eaton Wash Bike Path Phase I, Los Angeles, California.

Reseda Park on the LA River, Los Angeles, California.

Natural Park at Ramona Gardens, Los Angeles, California.

West Beach Splash Playground, Santa Barbara, California. 395
SWA l Lynwood Mega Playground I 21
Education
University of California Los Angeles,
UCLA Extension Landscape Architecture
Program, 2006
University of California San Diego,
Bachelors Degree in Urban Studies and
Planning, 1999
Registrations
Registered Landscape Architect:
#6187, California
Professional Affiliations/
Recognition
Member, American Society of Landscape
Architects
LEED Certified Projects
UCLA Hitch Suites & Commons - Platinum
Waldorf Astoria - Gold
CSULB Hillside Dining - Gold
CSULB Liberal Arts - Gold
Samsung Americas HQ - Silver
Awards
ASLA Southern California Chapter Merit
Award, North Beach Trail, Santa Monica,
CA, Design, 2021.

Los Angeels Business Council, Mixed
Use Award: Culver Steps, Culver City
California, 2020
Jeremy Klemic, PLA, ASLA

ASSOCIATE PRINCIPAL, SWA
ROLE: PROJECT MANAGER / TECHNICAL SPECIALIST
Jeremy Klemic is a Landscape Architect and Project Manager with over 20 years of experience in the field. Prior to joining SWA in 2011, he provided Landscape Design and Construction Administration services for several award-winning landscape architecture firms. At SWA, Mr. Klemic has been responsible for management and production for a number of award-winning projects in the United States and internationally. These include multiple civic, higher education, hospitality, and resort renovation projects. His construction experience, attention to detail and scheduling expertise help to ensure that projects are thoughtfully designed, completed on time, and within budget.

Representative Projects:

Fernwood Park, Lynwood, California.

Polliwog Park, Manhattan Beach, California.

Burton Chace Park, Marina del Rey, California.

Santa Monica North Beach Trail, Santa Monica, California.

City of Santa Monica; Petanque Park, Palisades Park, Chain Reaction Park, Public Safety Facility, Reed Park, Santa Monica, California.

Milton Street Park; Los Angeles, California.

Glendale Western Reservoir, Glendale, California.

Glendale Sports Complex, Glendale, California.

Palisades Petanque Courts, Santa Monca, California.

Puente Creek Bikeway, Los Angeles, California.

Eaton Wash Bike Path Phase I, Los Angeles, California.

City of Thousand Oaks Demonstration Medians, Thousand Oaks, California.

Canyon Country Community Center, Canyon Country, California.

City of Thousand Oaks; Forestry Master Plan, Thousand Oaks, California.

Glendale Galleria Brand Blvd Valet and Central Plaza; Glendale, California.

Culver Steps & Main Plaza, Culver City, California.

Community Outreach Experience:

King Harbor Public Amenities Master Plan, Redondo Beach, California.

City of Thousand Oaks; Forestry Master Plan, Thousand Oaks, California.

Glendale Western Reservoir, Glendale, California.

Santa Monica North Beach Trail, Santa Monica, California. 396
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Education
Bachelor of Arts, Economics. University
of Iowa
Master of Business Administration.

University of California, Irvine
Years of Experience
25 Years Experience
5 Years with Kompan
Jon A. Teberg

DIRECTOR, KOMPAN
ROLE: PLAY EQUIPMENT PROCUREMENT DIRECTOR
Jon is responsible for Kompan’s business in California. He oversees all sales and operations. He is responsible for maintaining Kompan’s high standards for quality, safety, and customer satisfaction throughout the design/build process.

Representative Projects:

DIRECT SALES REP, KOMPAN
ROLE: PLAY EQUIPMENT PROCUREMENT COORDINATOR
Grant is the Direct Sales Rep and the primary contact for Kompan clients in all aspects of design, installation, and post-sales activities. He has over 15 years of expeirence in playground consulting for various clients throughout Los Angeles.

Grant specializes in playgrounds for outdoor fitness, multi-use arenas, and universally inclusive and accessible designs for public playgrounds.

Representative Projects:

Polliwog Park*, City of Manhattan Beach, California
• City of Manhattan Beach – Currently under construction • Contract value: $1m Playground
Wilmington Waterfront Promenade Park, Wilmington, California • LA port authority – Currently under construction
• Contract value: $750k Playground
LAPD SWAT Officer Randal Simmons Playground, City of Los Angeles, California • City of Los Angeles RAP – Currently under construction • Contract value: $1.2m Playground
Lincoln Park, City of Los Angeles, California
• City of Corona – Installed 2020
• Contract value: $500k Playground
Highland Recreation Center, City of Los Angeles, California • City of Los Angeles RAP – Installed 2023
• Contract value: $790K Playground
Beacon Park, Irvine, California
Helen Diller Playground at San Francisco Civic Center, City of San Francisco, California
Sea Haven Park, City of Marina, California
Shafter Sports Park, Shafter, California
Maruta Gardner Playground at Bonita Cove, City of San Diego, California Shoreview Park, City of San Francisco, California
* = Projects with SWA
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Role: MEP
Education
MBA, Management, San Diego State
University
BA, Biology/Zoology, UC Santa Barbara
Registrations & Certifications
Registered Environmental Manager, #REM
11111
Registered Environmental Assessor, #REA
II 20249
General Engineering Contractor,
California, #796975 A HAZ HIC
Design-Build Institute of America Design
Professional (DBIA)
LEED Accredited Professional
Professional Affiliations
Construction Management Association of
America (CMAA)
Groundwater Resource Association (GRA)
National Ground Water Association (NGWA)
Professional Environmental Marketing
Association (PEMA)
Solid Waste Association of North America
(SWANA)
United States Green Building Council
(USGBC)
Travis Taylor, DBIA, LEED AP
ASSOCIATE PRINCIPAL, DIRECTOR OF PROJECT MANAGEMENT, P2S ROLE: MEP
Travis Taylor has over 25 years of professional experience in managing consulting, engineering, design and construction projects using traditional and alternative project delivery methods. Projects include infrastructure upgrades, HVAC improvements, energy assessments, environmental investigations/remediation, stormwater pollution prevention programs, permitting, and innovative waste-to- energy facilities. Travis has managed projects for small private, commercial, heavy industrial, port, university, institutional, municipal and federal clients throughout the United States. By combining management skills and technical expertise, he provides clients with creative and cost-effective solutions that satisfy both their short- and long-term needs.

Representative Projects:

Chace Park*, Marina del Rey, California
Bohnett Park*, Santa Barbara, California
Mt. San Antonio College Transit Center*, Walnut, California Ricardo Lara Park*, Lynwood, California
Davenport Park Design, Long Beach, California
Dept of Oil and Gas UST Closure Program, Long Beach, California Port of Long Beach Stormwater Pollution Control, Long Beach, California Conoco Phillips Pipeline Removal Disposition Study at Port of Long Beach to Wilmington Refinery, Los Angeles, California
Cal Poly Pomona Student Housing Replacement Project Pomona, California CSU San Bernardino Infrastructure Upgrades San Bernardino, California CSU San Bernardino Central Plant Conversion San Bernardino, California Mt. San Antonio College New Student Center Walnut, California Mt. San Antonio College Building 26 AHU Replacement,Building 9A Fire Protection Upgrade, Walnut, California
Providence Health Tarzana Medical Center Patient Wing Expansion, Tarzana, California
Stormwater Pollution Control On-Call Site Remediation, Long Beach, California Urban Commons Due Diligence Infrastructure Assessment, Long Beach, California Queen Mary On-Ship Energy Conditions Assessment, Long Beach, California UC Riverside Student Recreation Center Control Upgrades Riverside, California * = Projects with SWA
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Gary Jewell
LIGHTING SPECIALIST, SENIOR ELECTRICAL DESIGNER ENGINEER, P2S ROLE: MEP
Gary Jewell has 31 years of electrical design experience ranging from tenant improvements to new construction. His experience includes power and lighting systems design for institutional, commercial, and industrial projects. He has extensive knowledge of lighting systems, products and applications.

Gary has served as project manager, determining the project scope, coordinating with client, coordinating with sub-consultants and providing construction design documents. He has served as lead designer engineer on various power and lighting projects with responsibilities that include field investigation, creating proposals, developing construction documents, specifications and cost estimates, providing construction support and commissioning His broad knowledge of lighting design principles coupled with his ability to use the latest lighting design programs enables him to produce detailed lighting studies and analysis for numerous projects each year.

Representative Projects:

Chace Park*, Marina del Rey, California - with SWA
Santa Monica Beach Trail Lighting*, Santa Monica, California- with SWA Schabarum Regional Park Lighting & Power Improvements, Rowland Heights, California
92nd Street Linear Park Lighting, Los Angeles, California La Ballona Bike Route Lighting, Culver City, California CSU Long Beach, Japanese Garden Landscape Lighting, Long Beach, California CSU Long Beach, George Allen Field Sports Lighting, Long Beach, California UC Santa Barbara, Recreation Center Lighting Renovation, Santa Barbara, California Cal Poly San Luis Obispo, LEED Gold Student Recreation Center Expansion & Remodel, San Luis Obispo, California
CSU Fullerton, Arboretum Lighting, Fullerton California CSU Fullerton, Bikee Trail Lighting, Fullerton, California Long Beach City College, Physical Education & Fitness Center, Long Beach, California
Long Beach City College, Gymnasium Lighting, Long Beach, California * = Projects with SWA
Role: MEP
Education
Autodesk Building Systems
Certifications
LC Credential, National Council on
Qualifications for the Lighting
Professions (NCQLP)
Professional Affiliations
IESNA, Voting Member
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Ryan J. Lynch, PE, QSD, LEED AP, ENV SP

PROJECT MANAGER, PSOMAS
ROLE: CIVIL ENGINEERING
Ryan Lynch has 17 years of civil engineering experience focused on client and project management and communication. He has successfully managed projects that involve complex grading, drainage, and utilities solutions. Ryan is a strong, tactful, straight-forward communicator with a dedication to his client’s best interests.

Representative Experience:

Milton Street Park – Los Angeles, CA*: Civil engineering design for a new 1.2-acre urban park alongside the Ballona Creek Bike Trail. The park includes native plantings, bird watching platforms, bike trail enhancements, seating areas, outdoor picnic areas, and an onsite stormwater capture and treatment system.

Fernwood Park – Lynwood, CA*: A new 0.75 acre linear park at the edge of a res- idential neighborhood. The park received grant funding for stormwater infiltration and includes four infiltration basins to treat stormwater from Fernwood Avenue.

The Trust for Public Land and the City of El Monte (Project Partners), Zamora Park Renovation – El Monte, CA: Design and construction support for a 4.48-acre park.

Offsite improvement plan for construction of a bus stop, on-site hydrology study, Low Impact Design plan, and a Storm Water Pollution Prevention Plan. Shallow infil- tration is intended to be used for water quality treatment in locations throughout the park.

City of Beverly Hills, Beverly Gardens Park – Beverly Hills, CA: Civil engineering design services and construction support for the reconstruction of the existing historic park. The park design includes native and themed plantings, opportunities for active and passive recreation, and stormwater bioswales. The scope of ser- vices focused on grading and Americans with Disabilities Act compliance. Historic pergolas were analyzed for the structural condition and repairs were recommended.

California State University, Fullerton, Student Housing, Design-Build – Fullerton, CA*: Project Manager provided civil engineering services for design and construc- tion support for the housing expansion project. The student housing building has three wings and contains a large communal courtyard, hillside seat walls, and a smaller intimate courtyard. The larger courtyard uses a large berm, and carefully placed walkways to separate the courtyard from adjacent parking. Civil utility relo- cations and upsizing were required to serve the project. The scope of work includ- ed schematic design phase, design development phase, construction document phase, bidding and construction support services, LID design for stormwater. * = Projects with SWA
Education
2003/BS/Civil Engineering/University of
Southern California
Registrations/Certificates
2007/CA/Professional Engineer/
Civil/71441
Envision Sustainability Professional/
Institute for Sustainable Infrastructure
LEED Accredited Professional
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REFERENCES
Brightview
Irvine Great Park
Tom Banks, Senior Vice President
Five Point Holdings
(949) 842-9596 | [email protected]
SoFi Stadium
Rob Aylesworth, Director, Construction
SoFi Stadium / Hollywood Park
(310) 341-6489 | [email protected]
California State Park
Jeff Brown, Director, Landscape Architecture
California State Parks
(619) 204-0187 | [email protected]
KOMPAN
LAPD SWAT Officer Randal Simmons Playground
- Los Angeles, CA
City of Los Angeles RAP – Currently under construction
Contract value: $1.2m Playground
221 N. Figueroa - Fourth Floor Ste. 400, Los Angeles. Ca 90012
Contact: Craig Raines
Acting Landscape Architect II - Capital Projects + Planning Advanced Planning Group Department of Recreation and
Parks City Of Los Angeles
213-202-2652 | [email protected]
Highland Recreation Center - Los Angeles, CA
City of Los Angeles RAP – Installed 2023
Contract value: $790K Playground
221 N. Figueroa - Fourth Floor Ste. 400, Los Angeles. Ca 90012
Contact: Craig Raines
Acting Landscape Architect II - Capital Projects + Planning Advanced Planning Group Department of Recreation and
Parks City Of Los Angeles
213-202-2652 | [email protected]
Wilmington Waterfront Promenade Park -
Wilmington, California
LA port authority – Currently under construction
Contract value: $750k Playground
425 South Palos Verdes Street, San Pedro, CA, USA 90731 Contact: Jane Ugalde
Management Analyst
310-732-3344 | [email protected]
Larwin Park – City of Buena Park
City of Buena Park – Installed 2018
Contract value: $450k Playground
6650 Beach Blvd. Buena Park, CA 90622
Contact: Aaron France
City Manager
(714) 562-3550 | [email protected]
SWA
Burton Chace Park (2020 - ongoing)
James Bazinet, Landscape Architect
[email protected] | (626) 238-3393
Los Angeles County Public Works
900 S Fremont Ave Alhambra, CA 91803
Milton Street Park, Los Angeles (completed)
Brian Baldauf, Chief of Watershed Planning
[email protected] | (323) 221-9933
Mountains Recreation and Conservation Authority
Los Angeles River Center & Gardens
570 W. Avenue 26, Suite 100
Los Angeles, CA 90065
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Playgrounds are an essential amenity for the Great Park 403
SWA l Lynwood Mega Playground I 29
Great Park serves as a regional draw with numerous sports fields and recreational leagues that take place.

DESIGNED AND BUILT BY
BrightView
DELIVERY METHOD Design-Build
Size: 173 acres
Schedule: Completed in 2018
Cost:
$62 Million
Client: Five Point Communities
Five Point Communities
25 Enterprise, Suite 300
Aliso Viejo, California 92656
Jennifer Bohen, Sr. Vice President
[email protected]
949.349.1076
Great Park (Design-Build)

IRVINE, CALIFORNIA
BrightView used its expertise in national-level sport
facilities design, construction, and maintenance to
create this marque competitive sports park. Each
venue includes multiple fields with independent
championship facilities and options for flexible field use during special event occasions. The athletic facilities include: baseball, softball, soccer, tennis, and volleyball.

Phase I encompassed 53 acres and opened to the
public in August 2017, with a contract value of $98
million. The remaining 120 acres (Phase II) opened in
September 2018, adding a new Baseball and Softball
Complex, basketball courts, and additional soccer
fields.
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Various paths connect park users to the lightly programmed recreational areas.

Planting is managed to reduce long term O&M

DESIGNED AND BUILT BY
BrightView
DELIVERY METHOD Design-Build
Size: 20 acres
Schedule: Completed in 2015
Cost:
$14.5 Million
Client: Five Point Communities
Five Point Communities
25 Enterprise, Suite 300
Aliso Viejo, California 92656
Jennifer Bohen, Sr. Vice President
[email protected]
949.349.1076
Pavilion Park (Design-
Build)

IRVINE, CALIFORNIA
Pavilion Park sits on the former 3,700-acre Marine
Corps Airbase and was achieved through a thoughtful
and sophisticated design process executed in
collaboration with the client, FivePoint. In particular, large heritage trees provide shade throughout,
including an expansive terrace designed for community
gatherings. A terrace features an art installation of
wind chimes.

Other notable features include a pool and spa,
playgrounds, sport courts, and an extensive network
of recreational paths. Locally native and drought
friendly plants were also used to create a bold, simple, and distinctive landscape. Overall, the landscape
embraces a holistic approach through resource
conservation, addressed through astute planting and
irrigation design, paving and drainage solutions, as
well as methods of reducing long term operations and
maintenance.
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Play features challenge children to navigate different levels of risk.

Gathering spaces are plentiful in this community oriented park

DESIGNED AND BUILT BY
BrightView
DELIVERY METHOD Design-Bid-
Build
Size: 173 acres
Schedule: Completed in 2018
Cost:
$13 Million
Client: Five Point Communities
Five Point Communities
25 Enterprise, Suite 300
Aliso Viejo, California 92656
Jennifer Bohen, Sr. Vice President
[email protected]
949.349.1076
Cadence Park

IRVINE, CALIFORNIA
Cadence Park is a place where wonder is encouraged
and creativity blooms. Inspired by the natural music
of songbirds, the park brings music, art, dance, and
creativity into the environment for residents and
visitors to investigate and enjoy. It is planned as one continuous green space running through the center of
the neighborhood. The buzz and excitement of Birdsong
Park culminates at the Arts Village - with a Music +
Performing Arts Studio, a Visual Arts Studio, and a
Tech/Digital Media Lab where residents can share,
learn, practice, and build skills to express themselves through various forms of art. Sculpture Gardens are
spotted throughout the park and offer quiet spaces
for contemplation while a sunken amphitheater and
performance deck offer spaces for neighbors to gather.
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Art enhancements created by the community adds education opportunities The walking path provides residents with a well programmed and safe place to walk their dogs 407
SWA l Lynwood Mega Playground I 33
Dog owners are particularly fond of the numerous seating areas and dedicated dog run.

The linear park runs alongside the I-105 making an ideal= walking path.

Client: City of Lynwood
Size: 1 mile
Schedule: 2015 - 2016
Completed on budget and
schedule - from concept to
construction in one calendar year
Scope:

Landscape Architecture
Community Outreach
Sustainability Design
Awards:
2021 ASLA Award of Excellence,
Urban Design
2018 ULI Community Impact Award
- Urban Open Space
2016 CMAA SoCA Award
Ricardo Lara Linear Park

LYNWOOD, CALIFORNIA
Ricardo Lara Linear Park transforms a derelict stretch
of a rail right-of-way to a vibrant public space for the community, where recreational amenities have been
scarce and overdue. Nestled between the I-105 freeway
and a densely populated residential area, the park
fulfills an abundance of recreational and environmental programming in a historically park poor neighborhood.

Dedicated to State Senator Ricardo Lara (D-Bell
Gardens), the park was realized in part through his
help in securing a $5 million grant from the California Department of Parks and Recreation’s Proposition 84
Fund.

The dog park and walking trails have become popular
amenities for families looking to exercise and interact with their neighbors.
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Play equipment encourages young children to explore their surroundings safely 409
SWA l Lynwood Mega Playground I 35
Client: City of Lynwood
Size: 1 ac
Schedule: 2020 - present
Scope:

Landscape Architecture
Fernwood Park

LYNWOOD, CALIFORNIA
The Fernwood Avenue Park Infiltration, Restoration, and Water Quality Improvement Project represents a significant opportunity for the city to enhance the water quality and availability of groundwater for residents, create public amenities including a kid’s play area that reduces pollutants in the watershed, strengthen the city’s commitment to
environmental justice, and provide opportunities for
environmental education throughout the park.

Our experience working with Lynwood in designing and
constructing the Ricardo Lara Linear Park has shown us the city’s deep commitment to improving the quality of life for its constituents. The Fernwood Avenue Park project is a significant environmental, educational, and beautification effort that will achieve multiple benefits for the community.
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Polliwog Park Playground 2020.07.02 P.16
Site Drainage and Landscape
Section
Conceptual Section
New bioswales at the site will transform the landscape into an active environmental feature Certain areas of the park have been sectioned for new features and purposes 411
SWA l Lynwood Mega Playground I 37
Owner: City of Manhattan Beach
Date: April 2020 - present
Size: 1/4 acre
Scope:

Full Service Landscape Architecture
Delivery:

Ongoing
Polliwog Park

MANHATTAN BEACH, CALIFORNIA - SWA & KOMPAN
With a pond feature, botanical garden, and dog park,
Polliwog Park is a high-use neighborhood amenity that
provides active recreation and play to local families in the area. Having struggled with routine flooding in the past, the park is in need of not only repairs, but solutions in order to remain an active community feature.

Through installation of stormwater retention basins,
updated equipment and structures, and new paving and
drainage plans, SWA will renew the park to its fullest
capacities in both function and aesthetic. Polliwog Park will remain an essential piece of neighborhood culture for families and children in its new and updated form.

All play equipment is supplied by KOMPAN.

Polliwog Park Playground 2020.07.02 P.3
Site Location
Manhattan Beach
Middle School
Begg Pool
N
Manhattan Beach Blvd.
19th St.

N. Redondo Ave.

N. Peck Ave.

N. Herrin Ave.

Site Location
Flood-resistant paving and
planting will refurbish an
essential neighborhood
playground; providing year-
round use.

The park itself is a large green feature within the residential neighborhood 412
38 I Lynwood Mega Playground I SWA
The playground surfacing and ramps for the play structures are all certified accessible. 413
SWA l Lynwood Mega Playground I 39
Accessibility is critical for inclusive playgrounds
Client: County of Los Angeles
Department of Parks &
Recreation
Size: 20,066 SF
Schedule: Project aims to be
completed prior to Grant-Close
Out in August of 2024
Design Services: 42 weeks
Anticipated Construction
Duration: 7 months
Substantial Completion:

November 2023
Project Acceptance: December
2023
Grant Close-Out: August 2024
Scope:

Landscape Architecture
Franklin D. Roosevelt
Accessible Playground
Replacement

LOS ANGELES, CALIFORNIA
The objective of the Franklin D. Roosevelt Playground
Replacement Project is to replace the old playground
infrastructure with new inclusive play structures and updated light fixtures. The project includes 5 playgrounds, two of which will be combined to create one large playground. There are two playgrounds for children aged 2-5 and another two for children aged 5-12. All new playground equipment installed, and newly graded ground surfacing is certified as fully accessible to make an inclusive playground.

The theme for each playground was inspired by Southern
California biomes, which are characterized by unique climates, vegetation, and wildlife, including forest, grassland, desert, and aquatic biomes. Each playground showcases a biome through the use of colors, play structures, and interpretive signage.

SWA is providing full construction documentation service for the playground manufactuerer selected by the County of Los Angeles 414
40 I Lynwood Mega Playground I SWA
Artistic interpretations of nature are placed throughout the park 415
SWA l Lynwood Mega Playground I 41
Exercise equipment is enjoyed by multiple generations
Client: Trust for Public Land
Size: 1.11 ac
Schedule: 2016 - 2017
Scope:

Landscape Architecture
Sustainability Design
Awards:

ASLA Southern California
Chapter Merit Award,
Bicentennial Park, Hawthorne,
CA, Design, 2018.

Bicentennial Park

HAWTHORNE, CALIFORNIA
The City of Hawthorne has been home to many creative people in history: a legendary athlete and Olympian, Jim Thorpe; a world-famous movie star, Marilyn Monroe; and one of the most beloved American rock ‘n’ roll bands, The Beach Boys.

The City is also at the center of the United States’ aerospace industry, home to Northrop Grumman and SpaceX. Yet today, more than 20% of the total population of Hawthorne lives below the poverty line and the community is victim to some of the worst environmental conditions in Southern California.

Facilitated by The Trust for Public Land, the local community has worked for many years to redevelop the little-used and neglected Bicentennial Park property into a safe and welcoming recreational resource for city residents. Working closely with project stakeholders, SWA designers have developed a design for the park renovation inspired by Hawthorne’s history and heritage. Focusing on the playground as a main feature of the park, SWA proposed the concept “Where Creative Minds Grow.” Illustrative Master Plan of Bicentennial Park
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Canyon Country Community
Center
SANTA CLARITA, CALIFORNIA; SWA PROJECT
Located in the Los Angeles suburb of Santa Clarita, Canyon Country Community Center is slated to be a new hot spot for recreational activities in the neighborhood. SWA teamed with Gonzalez Goodale Architects to provide design documents for the site based on the previously developed master plan.

Currently under construction, the site will provide a number of recreational features to the community, including a
basketball court, children’s play areas, and outdoor plazas.

Client: City of Santa Clarita
Architect: Gonzalez Goodale Architects
Size: 6.5 acres
Schedule: 2016 - Ongoing
Scope:

Full Service Landscape Architecture
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419
SWA l Lynwood Mega Playground I 45
APPNEDIX: LICENSES AND CERTIFICATIONS

BRIGHTVIEW DIR REGISTRATION

BRIGHTVIEW CONTRACTOR LICESNSE
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BRIGHTVIEW BONDING CAPACITY
421
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BRIGHTVIEW SAFETY RATING
422
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SWA - PROFESSIONAL LICENSE FOR LANDSCAPE ARCHITECTURE (CALIFORNIA) 423
SWA l Lynwood Mega Playground I 49

KOMPAN - CONTRACTOR LICENSE
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50 I Lynwood Mega Playground I SWA

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YY)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA TE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR A LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOL DER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer right s to the certificate holder in lieu of such endorsement(s).

PRODUCER
Aon Risk Services Northeast, Inc. – New York Office
199 Water Street
New York, NY 10038-3551

CONTACT
NAME:

PHONE
(A/C No. Ext): (866) 283-7122
FAX
(A/C, No): (800) 363-0105
E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURED

BrightView Landscape Development, Inc.

INSURER A: ACE American Insurance Company 22667
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INSR

LTR TYPE OF INSURANCE ADDL
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SUBR

WVD POLICY NUMBER POLICY EFFECTIVE

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X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
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CLAIMS MADE X OCCUR HDO G24555876 10/1/15 10/1/16 MED EXP (Any one person) $ 10,000 X CONTRACTUAL LIABILITY PERSONAL & ADV INJURY $2,000,000 X XCU HAZARD GENERAL AGGREGATE $4,000,000
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POLICY X PROJECT LOC

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X UMBRELLA LIAB X OCCUR EACH OCCURENCE $as req. by contract EXCESS LIAB CLAIMS-MADE AUC 5085968-11 10/1/15 10/1/16 AGGREGATE $ as req. by contract DED RETENTION $ (Follows Form)
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WORKERS’ COMPENSATION AND
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ANY PROPRIETOR/PARTNER/EXECUTIVE
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N/A C47855081 10/1/15 10/1/16 E.L. EACH ACCIDENT $2,000,000 (Mandatory in NH)
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SAMPLE FOR BID PURPOSES

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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(enter client street address) AUTHORIZED REPRESENTATIVE (enter client city state & zip)
Aon Risk Services Northeast, Inc..

The ACORD name and logo are registered marks of ACORD

BRIGHTVIEW SAMPLE COI
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SWA l Lynwood Mega Playground I 51

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AND EMPLOYERS' LIABILITY
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ANY PROPRIETOR/PARTNER/EXECUTIVE
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The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
RLI Insurance Company
Lloyds of London
6/24/2022
Greyling Ins. Brokerage/EPIC
3780 Mansell Road, Suite 370
Alpharetta, GA 30022
Carly Underwood
770.670.5324 770.670.5324
[email protected]
SWA Group
2200 Bridgeway Blvd.

Sausalito, CA 94965
13056
085202
22-23
A X
X
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1,000,000
B Professional
Liability
B1636P220006 07/01/2022 07/01/2023 Per Claim $2,000,000 Aggregate $4,000,000
Sample Certificate
1 of 1
#S3306294/M3306015
SWAGROUPClient#: 25323
CUND1

SWA SAMPLE COI
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POTENTIAL CONSTRUCTION STAGING PLAN
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428
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429

AGENDA STAFF REPORT

DATE:

August 15, 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 CIP PRIORITY 2 STREET IMPROVEMENT
PROJECT PHASE 2B (CIP 4011.68.123).

Agenda Item # 10.3.

Recommendation:

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

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

PLANS AND SPECIFICATIONS AND AUTHORIZING THE SOLICITATION OF BIDS FOR CIP PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B (CIP 4011.68.123)”.

Background:

The City of Lynwood consulted Bucknam Infrastructure Group, Inc to prepare a report on the City’s pavement network, “Update of Pavement Management Program 2023-2028 (PMP)”.

The PMP provides current data on the City’s street network and cost-effective maintenance strategies to maintain a desirable level of pavement performance on a network scale, while optimizing the expenditure of limited fiscal resources.

Infrastructure Engineers has prepared the plans and specifications for the next phase of street improvements. The project consists of, but is not limited to, the following work: street resurfacing, ADA compliant curb ramps, gutters, driveway approaches, traffic signing and striping, and utility cover adjustments. With the City Council Approval, Staff will move forward with the project and advertise a Notice Inviting Bids (NIB).

City Council City Council Regular Meeting 430
Discussion and Analysis:

The NIB specifications indicate that the contractor shall complete all work in approximately sixty-five (65) calendar days. Upon council approval and authorization, staff will upload the proposal documents for advertisement on PlanetBids where 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 project schedule is as follows:

Release Date:

August 16, 2023
Last Date to Submit Questions:

August 31, 2023
RFI Response Posted:

September 5, 2023
Bid Due Date:

September 12, 2023 - 10:00 a.m. (PST)
City Council Awarding Date:

October 3, 2023

Project Budget

The construction cost is estimated at $1,410,423.00. Below is the projected budget for this project. This may change based on the outcome of the actual bids.

CIP Priority 2 Street Improvement Project Phase 2B
Construction (Based on Engineer's Estimate)
$1,410,423.00
Contingency (15%)
$212,000.00
Construction Management/Construction
Inspection (10%)
$141,100.00
Labor Compliance & Other related cost (8%)
$112,880.00
Total Estimated Construction Cost
$1,876,403.00

Fiscal Impact:

The City’s FY 23-24 CIP budget includes $1,552,000 of the following funds for this project:

City Council City Council Regular Meeting 431
P2P2B Signed Specifications.pdf
P2P2B, Plans 9-9-22.pdf
08-15-23 P2P2B Project Auth to Bid (Resolution) - PWD.docx SB1
$397,500
Measure M Bond
$452,000
Measure M
$500,000
Measure R
$100,000
Gas Tax
$102,500
Total Funding
$1,552,000

Based on Engineer’s Estimate, additional funding is needed for this project. Funds will be appropriated from the Citywide Slurry Seal Phase 3 project & the Citywide Slurry Seal Phase 4 project as shown below
:

Citywide Slurry Seal Phase 3

Measure M
$111,000
Measure R
$39,000
Citywide Slurry Seal Phase 4

General Fund
$174,500
Total Additional Funding
$324,500

Actual fund transfer will be requested at time of project award on October 3, 2023 City Council Meeting.

Coordinated With:

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

Description
City Council City Council Regular Meeting 432
City of Lynwood

CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024

PROJECT No. 4011.68.104

ALPINE AVENUE FROM EUCLID AVENUE TO CEDAR AVENUE

MURIEL DRIVE FROM AGNES STREET TO LOUISE STREET

LYNDORA AVENUE FROM BULLIS ROAD TO HULME AVENUE

THORSON AVENUE FROM SHIRLEY AVENUE TO ALBERTA STREET

Public Works Department

Bid Date: Tuesday September 12, 2023 @ 10:00 A.M.

PREPARED BY:

For the City of Lynwood
PROJECT No. 4011.68.123
433
i
Oscar Flores
MAYOR
Rita Soto
Mayor Pro-Tempore
José Luis Solache
Council Person
Gabriela Camacho
Council Person
Juan Muñoz-Guevara
Council Person
Ernie Hernandez
City Manager
Mir T. Fattahi, MsCE, P.E.

Acting City Engineer, City of Lynwood
434
ii

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF
CIP PRIORITY 2 STREET IMPROVEMENT PROJECT(PHASE 2B)
FY 2023-2024

IN THE CITY OF LYNWOOD, CALIFORNIA
PROJECT NO. 4011.68.104
July 18, 2023
Prepared By:

Infrastructure Engineers
PROJECT No. 4011.68.123
435
PROJECT No. 4011.68.123
436
iv

CITY OF LYNWOOD

CONTRACT DOCUMENTS

TABLE OF CONTENTS
PART 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

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

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

2.2 Scope of the Work

2.3 Control of the Work

2.4 Control of Materials

2.5 Legal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 Measurement and Payment

2.8 Facilities for Agency Personnel

2.9 City Standards, St andard Plans and Drawings
- Existing Improvements (Section 400 – Protect and Restoration) - Temporary Traffic Control (Section 600—Access)
P
ART 3 -- TECHNICAL PROVISIONS
PART 4 -- APPENDICES
Section 4.1 Appendix A – Department of Industrial Relations (DIR) Contractor Registration Number Form
437
v

4.2 Appendix B – Standard Plan s for Public Works Construction (SPP
WC Standards.)

4.3 Appendix C – Contra ct Change Order (CCO) Form

4.4 Appendix D – Subs titution Request Form

4.5 Appendix E – L abor Code Sections 1771, 1775, 1777.5, 1813 a n d 1 8 1 5

4.6 Appendix F – Project Sign

4.7 Appendix G – Engineering and / or Architectural Plans (Contract Drawings)
438

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

PART 1 - BIDDING AND CONTRACTUAL

DOCUMENTS AND FORMS

CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024

PROJECT NO. 4011.68.104

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

Section 1.4 Agreement and Bonds

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

1.4.4 Certificates/Proof of Insurance and Endorsements

****************

Part 1 BD - 1
PROJECT No. 4011.68.123
439

CITY OF LYNWOOD

1.1 NOTICE INVITING BIDS

CIP PRIORITY 2 STREET IMPROVEMENT PROJECT
PHASE 2B

PROJECT No. 4011.68.123

1.1.1 NOTICE IS HEREBY GIVEN that bids for the CIP PRIORITY 2 STREET IMPROVEMENT PROJECT will be received by the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262 until Tuesday, September 12, 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. The Contractor is required to submit an “eBid” through the PlanetBids online platform.

All Questions should be addressed to the attention of Mr. Mir T. Fattahi (Acting City Engineer) on PlanetBids by August 31, 2023 @ 5:00 P.M.

1.1.2 WITHDRAWAL OF BIDS . No Bidder shall withdraw its bid for a period of sixty (60) days after the Bids have been publicly opened, subj ect 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 Eng ineer, 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 par tial replacement of concrete sidewalks, curb and gutters, driveways approaches, and curb ra mps, traffic signing, striping improvements. The Work is to be completed before th e expiration of SIXTY-FIVE (65) CALENDAR DAYS from the date specified in a written “Notice to Proceed” from the City.

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 material data submittals payment and performance bonds and proof of insurance and endorsements as specified in the Contract Documents.

Part 1 BD - 2
440
Part 1 BD - 3

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

1.1.6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid, unexpired Class A General Engineering Contractor 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 locat ed at 11330 Bullis Road, Lynwood, California 90262. The Contractor and any subcontrac tors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site.

1.1.7 a NOTICE REQUIREMENTS:
a. No contractor or subcontractor may be listed on a b id proposal for a public works project (submitted on or after March 1, 2015) unles s 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 PRE-BID VISIT TO WORK SITE: Bidders are encouraged to visit work sites.

1.1.10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS:

(a) All documents required for the review of Contra ctors to submit a valid and responsive bid are contained within this set of Contract Documents.

1.1.11 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 441
Part 1 BD - 4

Mir T. Fattahi, MsCE, P.E
Acting City Engineer

most complete and current version of the solicitation, including addenda, has been downloaded.

BY ORDER OF THE CITY COUNCIL, CITY OF LYNWOOD, CALIFORNIA

Maria Quiñónez, CITY CLERK
Date: August 16, 2023
City of Lynwood

442
Part 1 BD - 5

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 sh all have the meanings assign ed to them in the General Provisions of the Standard Specifications for Public Works Construction (the “Greenbook”) latest Edition and the Special Provisions of the Contract Documents. The term "Bidder" shall mean one who subm its a Bid directly to the City of Lynwood as di stinct 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. Résumés of key construction personnel who will be assigned to the Work shall also be required. Except as other wise 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 fr om an individual, firm, partnership, corporation, or a ssociation 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 submitti ng 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 dr awings 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. 443
Part 1 BD - 6
(d) Subject
to the provisions of Secti on 4215 of the Californ ia Government Code, information and data reflected in the Contract Documents wi th 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 responsibilitie s for the adequacy of data furnished to prospective Bidders on subsur face 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 Bidd er's own expense, make or obtain any additional examinat ions and investigat ions which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or which otherwise may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration.
(h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands de signated 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 t hereto required for temporary construction facilities or storage of mate rials and equipment are to be pr ovided by the Contractor.

Easements for permanent structures or perman ent 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 comp lied with every requirement of this Section; that without exception the Bid is premis ed 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 Cont ract 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 I
NTERPRETATIONS - All questions about the meani ng 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 444
Part 1 BD - 7
will be binding. Oral and ot her interpretations or clarific ations 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 wi ll 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 modifi cations, 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 acknowledgem ent of receipt of all Bid Addenda.
7 Other reasons as permitted by applicable law.

A bid may be considered non-responsive for reas ons 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 quantit
ies of work or materials stated in unit price items of the Bid are supplied only to give an indication of the general scop e of the Work; the City does not expressly or by implication agree that the actual amount of work or materials will correspond therewith. 445
Part 1 BD - 8
(b) In t
he event of an increase or decrease in the quantity of a unit price bid item, the total amount of work actually done or materi als or equipment furnis hed shall be paid for according to the unit prices established for such work und er 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.

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

1.2.11 REL
IEF 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, spec ifying in detail t he nature of the mi stake 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 Pl ans 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 Docu ments shall be used to request substitutions.
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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 gene ral, 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 Lowe st Bidder is responsive, that Bidder’s qualifications will be review ed by the Engineer to as certain if t he 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 requi red by the Contract Documents.

Consideration will be given to the qua lity 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 repo rt 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 ap parent Lowest Respon sible 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 reason able opportunity to pres ent additional relevant evidence bearing on their re sponsibility or bid responsiveness within seven (7) calendar days after the Bidder(s) receive such notice.
(f) Determinations and findings of t he Engineer shall be reported as recommendations to the City Council. The City Council reserves the right reject any or all bids, and to waiv e any informalities or irregularities to the extent permitted by law.

1.2.16 BID PROTEST PROCEDURES –
(a) Any protest of a proposed award to the Apparent Lowest Bidder must be submitted in writing to the City Engineer no later than 5:00 p.m. on the third (3rd) business day following the date of the bid opening.
(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 447
Part 1 BD - 10
or the specific statute t hat 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 fort h 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, incl uding filing of a chal lenge 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 aw ard 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 endors ements 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 requi red bonds, insurance coverage, proof of insurance and/or endorsements within te n (10) calendar days of receipt of the Notice of Award may result in withdrawa
l of award and forfeiture of the Bidder's Bid
Security.
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1.2.18 EXECUT
ION 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 execut e the Agreement, the City may award the Contract to the se cond lowest responsible Bidd er. If the second lowest responsible Bidder refuses or fails to execute the Agr eement, 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 pa yment of compensation to it s employees pursuant to the Worker's Compensation Certification executed by Bidder as part of the Bid Proposal.

1.2.20 OTHER CONTRACT PROVISIONS.
 The bidder’s attention is directed to other contract provisions in the Appendices section of these Contract Document s, which must be observed in the preparation of the proposal form and the submission of the bid.

END OF INSTRUCTIONS TO BIDDERS
449
Part 1 BD - 12

CITY OF LYNWOOD

1.3 BID DOCUMENTS
The following listed documents, identi fied in the lower right corner as "B id 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.
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Part 1 BD - 13

1.3.1 BID (PROPOSAL AND WORKERS’ COMPENSATION CERTIFICATE) BID TO: CITY OF LYNWOOD, CALIFORNIA
The undersigned Bi dder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City in t he form of agreement included in S ubsection 1.4.1 of the Contract Documents (the “Agreement”) to perform the Work as specified or indicated in said Contract Documents entitled:

CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024

CITY OF LYNWOOD
PROJECT NO. 4011.68.104
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 Co ntract Documents, the Work, the site, the locality wh ere the Work is to be perform ed, the legal requirements (federal, state, and local laws , ordinances, rules, and regu lations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary.

PROJECT No. 4011.68.123
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Part 1 BD - 14
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 consisting of two (2) 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)
Tit
le: ______________ _______________________
452
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1.3.2 UNIT PRICE BID SCHEDULE
Schedule of Prices for the Construction of the:

CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024
City of Lynwood
PROJECT NO. 4011.68.104

BASE BID SCHEDULE
Item
No.

Unit Price Bid Item Estimated
Quantity
Unit Unit
Price
Item Amount
1 Mobilization/ Demobilization (Not to exceed 3% of
total of all other prime contract Bid Items) 1 LS $ $
2 Traffic Control 1 LS $ $
3 Sawcut and Remove Existing AC Pavement, Base,
Sub-base and Native Soil to provide clear depth
3,411 CY $ $
4 Cold Mill Existing Asphalt Concrete (AC) pavement
(2” depth)
37,619 SF $ $
5 Sawcut and Remove Existing Concrete Sidewalk 412 SF $ $ 6 Sawcut and Remove Existing Concrete Curb
and/or Curb & Gutter
52 LF $ $
7 Sawcut and Remove Existing AC Driveway
Approach 93 SF $ $
8 Prune Tree Roots and Install Root Barriers 17 EA $ $ 9 Remove Post and Salvage Sign 2 EA $ $
10 Sawcut, Remove and Construct Concrete Curb
and/or Curb & Gutter 329 LF $ $
11 Sawcut, Remove and Construct Concrete Curb
Ramp
18 EA $ $
12 Sawcut, Remove and Construct Concrete Cross
Gutter 135 SF $ $
13 Sawcut, Remove and Construct Concrete
Sidewalk (4”-Thick)
2,568 SF $ $
14 Sawcut, Remove and Construct Concrete
Sidewalk (6”-Thick)
821 SF $ $
15 Sawcut, Remove and Construct Concrete
Driveway Approach (6"-Thick)
1,162 SF $ $
16 Remove Existing Speed Bump and Construct AC
Speed Bump
2 EA $ $
PROJECT No. 4011.68.123
453
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17 Construct Concrete Alley Intersection 509 SF $ $
18 Construct 6" Thick Concrete Driveway Approach 92 SF $ $ 19 Construct Concrete Curb Ramp 2 EA $ $
20 Construct 6" Thick Concrete Sidewalk at Driveway 47 SF $ $ 21 Furnish and Install New Post for Sign 3 EA $ $
22 Furnish and Install Detectable Warning Surface
(Truncated Domes) 2 EA $ $
23 Provide and Place 6" Thick Crushed Aggregate
Base (CAB)
1,692 CY $ $
24 Construct 1" Thick AC Leveling Course 616 TON $ $
25 Construct 2'' Thick ARHM Overlay 464 TON $ $
26 Construct 4'' Thick ARHM Overlay (2 – Lifts) 2,463 TON $ $ 27 Adjust Existing Storm Drain/ Sewer/ Utility
Manhole Frames and Covers to Finished Grade 16 EA $ $
28 Adjust Existing Water Valve Cans and Covers to
Finished Grade 15 EA $ $
29 Adjust Existing Water Meter and Cover to Finished
Grade, Replace Broken Cover/Box
1 EA $ $
30 Traffic Signing, Striping, Markings, House Address
and Curb Painting
1 LS $ $
31 Install Public Improvement Project Signs 8 EA $ $
TOTAL AMOUNT BASE BID IN FIGURES $
TOTAL BID PRICE:
$ (Price in F igures)
______________________________________________________________(Price in Words) 454
Part 1 BD - 17
QUANTITIES 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 bi d item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. _______________________________________________________________________________ Name of Bidder or Firm

IN CASE OF DISCREPANCY BETWEEN TH E WORDS AND FIGURES, THE WORDS SHALL PREVAIL.
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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 subc ontracted, 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 wi ll be based on the estimated percentage of the Contract Unit Price for that item. This will be determined from information submitted by the Contractor and subject to approval by the Engineer.

S u b c o n t r a c t o r
C o n t r a c t o r ' s P e r c e n t
L i c e n s e o f T o t a l
Work to be Performed Number Contra ct Subcontracto r's Name & Address

1._________________________ _____________ _________ ___________________________________

2._________________________ _____________ _________ ___________________________________

3._________________________ _____________ _________ ___________________________________

4._________________________ ______________ _________ ___________________________________

5._________________________ ______________ _________ ___________________________________

456
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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 Busine ss and Professions Code), arisi ng 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 aw arding 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)
________________________________ _______________________________ T i t l e D a t e
________________________________ _______________________________ Contractor's License No. Type of License
________________________________
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 Ca
lifornia, 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, associat ion, 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 again st 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: __________________
458
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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 percent (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 Project No. 4011.68.123, entitled:

CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024

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 th e 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 mann er set forth in the Contract Documents, furnish a Bond for his/her faithful perf ormance of said contract and for the payment of all persons performing labor or furn ishing materials in connection therewith, the required proof of insurance/certific ates, 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.
459
Part 1 BD - 22
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 ___________________________ Titl e _______________________ (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 Wo rk or Project is financed, in whole or in part, with federal gr ant or loan funds, must also appear on the Treasury Department's most current list (Circu lar 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 cl
aims 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)
460
Part 1 BD - 23

1.3.7 BIDDER'S GENERAL INFORMATION
T
he Bidder shall furnish the following information. Failure to complete and attach all items may cause the Bid to be rejected as non-responsive.

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

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

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

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

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

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

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

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

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

Name
Title Address
______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ 461
Part 1 BD - 24

1.3.7 BIDDER'S GENERAL INFORMATION (Continued)

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

10. 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 _________________________ 1 1. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________________________ ___________________________________________________________________________ __

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

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

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

Note: Bidd
er agrees that personnel named on this form and in the attached resumes will remain on th
is Project until completion of all relevant Work, unless substituted by personnel of equivale
nt experience and qualifications approved in advance by the City.

15. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current finan
cial condition may be required by the Engineer.
462

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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 Subsec tion 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 cont ract for the Work, Bidder further certifies that it can meet all insu rance requirements set forth in the Contract Documents, including, but not limited to, providing or requi ring insurance coverage for subcontractors; naming of Cit y as an additional insured, and providing waivers of subrogation. Bidder acknowledges and understands that all cost associated with providing and maintaining the required insurance cove rage are the sole re sponsibility 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, Bi dder 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 insuran ce 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 PROJECT NO. 4011.68.123 ENTITLED “CIP PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B”

This agreement (the “Agreement”) is made and entered into on this day of , by and between the City of Lynwood , a California Municipal Corporation ("City") and , a
("Contractor"). City and Contractor are sometime s
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 July 19th, 2023
B. Instructions to Bidders.

C. Addenda.

D. Contractor’s Bid Proposal and Workers’ Compensat ion 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 Resol ution, not required.

I. Notice of Award dated .

J. Notice to Proceed dated .

K The Plans (Contract Drawings).

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

N. Appendices A through H of the Contract Documents .
464
Part 1 BD - 27
O. Reference Specifications.

P
Approved and Fully-Executed Change Orders.

Q. The Direc tor 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 Docum ents, the Contra ct 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 paym ents 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 t he 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 amount s 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 operati on of any release. No paym ent, final or otherwise, shall operate to release the Contractor or its sureties from obligations arising under this Agreement or the bonds and warranties furn ished 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 Awar d 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 C ontract Price, and a Perfo rmance Bond in an amount equal to one hundred percent (100%) of the C ontract 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, 465
Part 1 BD - 28
costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundle ss, 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 perform ance of the Work or this Agreement, including claims made by subc ontractors 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 Indem nitees 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 t hose imposed by California Civil Code Section 2782.

This obligation to indemnify and defend Indemnit ees as set forth herein shall survive the termination of this Agreement and is in addi tion to any rights which City may have under the law. This indemnity is e ffective 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, pr ovide and maintain, at its own expense, the types and amounts of insurance described in Subs ection 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 requir ed insurance coverage and the endorsements s pecified 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 per form 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 pub lic works project entered into between a contractor and debarred subcontractor is vo id 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. An y 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 466
Part 1 BD - 29

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

VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES

The Contractor shall commence the Work required by this Agreement within ten (10) calendar days of the date specified in the Notice t o Proceed from the City and shall complete all Work as specified in the Contract Docu ments within SIXTY-FIVE (65) 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 Contracto r 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 c ompleted within the number of calendar days allowed. Accordingly, City and Contractor agre e that the sum of $500.00 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 th e California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in acco rdance with the provisions of that Code, and I will comply with suc h 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 pre pare 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 m ay be deducted from any money due and owing to the Contractor prior to the City’s acceptance of the Project. 467
Part 1 BD - 30
XI. LICENSES
Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses.

Contractor further warrants and represent s 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 sha ll not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disa bility, medical condition, marita l status, sex, age, political affiliation or sexual orientat ion 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, relig ious 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 C ode Sections 1720 et seq. and 1770 et seq., as well as Califor nia 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 def ined 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 statut es and in the Special Provisions of the Contract Documents.

XIV. AUTHORITY TO EXECUTE
The person or persons executing this Agr eement on behalf of Cont ractor warrants and represents he/she/they has/have the authorit y 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 Contract or, in whole or in part, without the prior written consent of t he City. This Agreem ent 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: ___________________________ 11750 Alameda Street _______________________________
Lynwood, CA 90262 _______________________________
Fax No. (310) 635-0493 Fax No.________________________
XVII. ATTORNEYS FEES
Should either Party bring any action to protect or enforce it s 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 wit hin 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: ____________ ______________ Signature of Chairman of Board, Oscar Flores
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
______________________________
( T i t l e )
[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
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1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into an Agreement dated (referred to hereinafter as the “Agreement”) with
(hereinafter designated as “Contractor” or "Principal"), for construction of, CIP PRIORITY 2 STREET IMPROVEMENT (PHASE 2B) PROJECT No. 4011.68.123 (hereafter referred to as the “Project”).

WHEREAS, the Work to be performed by the Contractor is more particularly set forth in the Agreement for the Project, the terms and conditions of which, including those set forth in the Contract Documents incorporated as component parts the of Agreement, are expressly incorporated herein by this reference; and

WHEREAS, the Contractor is required by the Agreement to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and , a corporation
organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of
Dollars ($ )
lawful money of the United States, said sum being n ot 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, exe cutors 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 a lteration 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 nu ll 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. 471

Part 1 BD - 34
As 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 c aused by defective materials or faulty workmanship. The obligations of Sure ty hereunder shall continue so long as any obligation of Contractor rema ins. Nothing herein shall lim it the City’s rights or the 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 bidd er, 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 co mpletion 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 progresse s sufficient funds to pay the cost of completion of the Project, less the balance of the contract pric e, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragr aph 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 expr essly agrees that the City may reject any contractor or subcontractor which may be proposed by Sure ty 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 t he 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. 472

Part 1 BD - 35
No final settlement between the City and the C ontractor 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.

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 aut horizing 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, mu st 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
473

Part 1 BD - 36

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 per son 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 re presentatives 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 hi s/her signature, and his/her signat ure 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

474
Part 1 BD - 37

1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood , (referred to hereinafter as "City") has entered into an agreement dated (referred to hereinafter as the “Agreement”) with , (hereinafter designated as the "Contractor" or “Principal”), for CIP PRIORITY 2 STREET IMPROVEMENT (PHASE 2B) FY 202 3-2024 PROJECT No. 4011.68.123.

WHEREAS, Contractor is required to furnish a bond i n 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 Civ il Code, in the penal sum of Dollars ($ ), lawful money of the United States, s aid sum being not less than 100 percent of the total amount payable by City und er the terms of the Agreement, for which payment well and truly to be made, we bind ou rselves, 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 Se ction 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 perso ns, 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.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the A greement or to the Work to be performed thereunder or the Specifications accompanying the s ame; 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 to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.
475

Part 1 BD - 38

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 dul y signed by its undersi gned representative, pursuant to authority of its governing body.

PRINCIPAL:
(seal)
_______________________________

By _____________________________

SURETY:
(seal)
_______________________________

By _____________________________
Attorney-in-Fact

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)

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )

476

Part 1 BD - 39
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 per son 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 represent atives of the bonding company must be attached hereto.

CERTIFICATE AS TO CORPORATE PRINCIPAL

_______________________________
Signature of Corporate Principal

(CORPORATE SEAL)

477

Part 1 BD - 40

1.4.4 CERTIFICATES / PROOF OF INSURANCE

AND ENDORSEMENTS

The 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 t he City. The required insur ance shall be provided by the Contractor in conformance with the requirements of Subs ection 2.7.2 of the Special Provisions and may include the following:

 Workers' Compensation Insurance
 Commercial General Liability and Busi ness Automobile Liability Insurance  Course of Construction or Builder’s Risk Insurance
 Flood Insurance

The 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 provis ions 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, certificat es of insurance and original endorsements evidencing the r equired coverage set forth in Subsection 2.7.2 of the Special Provisions. Endorse ments 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, ce rtified copies of all required insurance policies and endorsements at any time.

Failure to provide City wi th 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.

478

Part 1 BD - 41

ADDENDUM

By 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 r equires 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 r egulations. The General Prevailing Wages Rates may be adjusted th roughout the term of this Agreement.

Notwithstanding any ot her provision of this Agreem ent, 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. Contract or agrees to cooperat e with the City to fulfill its notifications require ment to the DIR, as requi red by DIR’s PWC-100 form or any other required form, and Contract or agrees to provide to the City the information required by the DIR, as gener ally set forth in Labor Code Section 1773.3. By signing this form, Contractor, a nd all of its subcont ractors, 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 fu rnish 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 require d 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, Cit y 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 w hen it is practical to do so. Otherwise, unless an alternative is mu tually agreed upon, the record s or documents shall be available at CONTRACTOR’s address indicated for receipt of notices in this Contract.

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 479

Part 1 BD - 42
with the Wage Requirement and to submit certain doc umentation 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 promot ing 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 Documentati on Provision or general pu blic wage obligations results in the need for additional enforceme nt action to verify compliance with this Addendum. In light of the critic al importance of the Documentation Provision, the City and CONTRACTOR agree that CONTRACTOR’s compliance with this Addendum is an expr ess condition of City’s obligation to make each payment due to the CONTRA CTOR 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 PROVIS IONS. 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 CONTRA CTOR’s failure to fully perform its obligations under these prov isions shall not be deemed to be a waiver of any other term or condition cont ained in this Agreement or a waiver of the right to withhold payment for any subsequent breac h of this Documentation Provision or public wage obligations of the Contractor and the City.

480
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CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS
PART 2 - SPECIAL PROVISIONS
CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE
2B) FY 2023-2024
PROJECT NO. 4011.68.104
Section 2.1 General, Terms, Definitions, Abbreviations, Units of Measure, and Symbols

2.2 Scope of the Work

2.3 Control of the Work

2.4 Control of Materials

2.5 Legal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 Measurement and Payment

2.8 Facilities for Agency Personnel

2.9 City Standards, St andard Plans and Drawings
- Existing Improvements (Section 400 – Protect and Restoration) - Temporary Traffic Control (Section 600—Access)
* * * * *
PROJECT No. 4011.68.123
481
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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
PART 2 - SPECIAL PROVISIONS
CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024
PROJECT NO. 4011.68.104
SECTION 2.1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF

MEASURE, AND SYMBOLS

2.1.1 GENERAL
The following additions/modifications are hereby made to the Standard Specifications:

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

In case of conflict between the technical provisions of the Caltrans Standard Specifications, latest Edition and th ese Special Provisi ons, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.

2.1.1.2 Supplementary Reference Specifications. - Insofar as refe rences 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, pr ovided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), latest Edition, as previously specified in the above Subsection 2.1.1.1.

2.1.2 LEGAL ADDRESS

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

PROJECT No. 4011.68.123
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Part 2 BD - 3

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 Ag ency’s Project Representative. – The name and address of t he Agency’s designated Project Representative shall be Mir T. Fattahi, MsCE, P.E., Acting City Engineer, 11330 Bu llis 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.

- END OF SECTION -
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SECTION 2.2 - SCOPE AND CONTROL OF WORK

2.2 SCOPE OF THE WORK

The project consists of mobilization, traffic control, removal and co nstruction of concrete sidewalks, curb and gutters, driveways approaches, curb ramps, cross gutter, removal of existing asphalt, base and subbase, cold mill 2” existing AC pavement, install 6” crushed aggregate base, AC leveling course and asphalt overlay, install speed bump, prune tree roots and install root barriers, adjust existing water valve can and cover to finished grade, adjust existing storm drain/ sewer/ utility manhole frames and covers to finished grade, traffic detector loops and traffic striping.

2-2.1 PERMITS.

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

Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license and shall be licens ed in accordance with the State Business and Professions Code. The Contractor sha ll also obtain any and all other permits, licenses, inspections, certificat es, or authorizations requir ed by any governing body or entity.

2.2.2 CONTRACTOR’S SURETY WAIVER OF RIGHT OF NOTIFICATION

The following shall be added to the Standard Specifications:

"The Contractor shall ensure that its Sure ty is familiar with all of the terms and conditions of the Contract Docum ents, 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 CHANGES INITIATED BY THE AGENCY

The following sentence shall be added to the Standard Specifications:

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

484

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2.2.4 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 2-8 and 7-4.3 Markup, Paragraph (a) Work by Contractor of the latest Edition shall be deleted in their entirety and the following substituted therefor:

(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 20 percent
2 ) M a t e r i a l s 1 5 p e r c e n t
3) Equipment rental 15 percent
4) Other items & expenditures 15 percent
5) Subcontracts (1st tier only) 5 percent
6) Lower Tier subcontractors none

To the sum of costs and markups provided for in this subsection, one percent shall be added by the City as compensation for bonding.

2.2.5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY

Subsection 2-3 of the Standard Specifications shall be deleted in its entirety and the following substituted therefor:

All temporary access or construction right s-of-way, other than those shown on the Plans, which the Contractor may find it r equires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense.

2.2.6 TESTING

The Contractor shall provide, at its sole cost and expense, any testing indicated by the Contract Documents. The testing shall be perf ormed 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 Cont ractor’s expense and City s hall 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.

2.2.7 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 485

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Contractor has investigated and examined t he Work site and is satisfied as to the conditions to be encountered, including but not lim ited 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.

2.2.8 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.

2.2.9 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.

2.2.10 POLLUTION CONTROL

2.2.10.1 Water Pollution Control

The Contractor shall adhere to all provisions of Se ction 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 Na tional Pollutant Discharge Elimination System (NPDES) standards. The Contractor shall implement all provisions of the Storm Water Pollution Prevention Plan (SWPPP) prepared by the City. Delete the SWPPP provision if project site is less than one (1) acre.

2.2.10.2 Sound Pollution Control

The Contractor shall ensure that its operations do not exceed a noise level of 86- decibels (db) as measured at a distance of 50 feet from all its sources of operation.

2.2.10.3 Air Pollution Control

The Contractor shall adhere to all applicable rules and regulations of the California Air Resource Board (CARB) and the South Co ast Air Quality Management District (SCAQMD).

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SECTION 2.3 – Control of The Work

2.3.1 SELF-PERFORMANCE.

The whole paragraph of Section 3-2 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Co ntractor shall amount to at l east 25 percent of the total contract labor for the Contract. Contract labor shall exclude the Contractor’s superintendent.

Any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deduct ed from the Contra ct Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contract or with its own organization . Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid pac kage shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the co nstruction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise fully designate the po rtion of work to be performed by each subcontractor.

2.3.2 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 fo r 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-Ex ecuted Change Orders

2. Agreement
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3. Addenda

4. Contractor's Bid (Bid Documents)

5. Technical Provisions

6. Special Provisions

7. General Provisions of the Standard Specifications

8. Notice Inviting Bids

9. Instructions to Bidders

10. Plans (Contract Drawings)

11. Standard Specifications

12. City Standard Plans

13. Reference Specifications

With reference to the Drawings, the or der of precedence shall be as follows:

1. Figures govern ov er scaled dimensions.

2. Detail drawings govern over general drawings.

3. Addenda or Change Or der drawings govern over Contract Drawings.

4. Contract Drawings gover n over Standard Drawings.

5. Contract Drawings gov ern over Shop Drawings.

2.3.3 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 s hall 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 Sched ule of Values shall be submi tted for approval at the Pre- construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor.

2.3.4 SUBSURFACE DATA

The provisions of Subsection 3- 9 of the Standard Specificati ons shall be del eted in their entirety and following substituted therefor:

Limited Reliance by Contractor . - Soils reports and other reports of subsurface conditions may be made available by th e 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:

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Completeness. - The completeness of such reports and drawi ngs for Contractor's purposes, including, but not li mited 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

Other Information. - Any other data, interpreta tions, 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, interp retations, opinions or information.

2.3.5 PERMANENT SURVEY MARKERS

The provisions of Subsection 3-10.1 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, benchmarks, 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 Calif ornia 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.

2.3.6 SURVEY SERVICE

The provisions of Subsection 3-10 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

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 t he site during all surveying operations and shall personally supervise and certify the surveying work. 489

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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.

2.3.7 INSPECTION

The provisions of Subsection 3- 5 of the Standard Specificati ons shall be del eted in their entirety and the following substituted therefor:

The Engineer shall ha ve 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 this 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.

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SECTION 2.4 - CONTROL OF MATERIALS

2.4.1 MATERIALS

2.4.1.1 GENERAL.

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

The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire work will meet all requi rements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessar y by defects in mate rials, equipment, or workmanship that become evident within one (1) years after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contract or shall hold the AG ENCY harmless from claims of any kind arising fr om damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within thirty (30) days after the date of the City Engineer’s written notice.

The Contractor shall place the order(s) fo r all long-lead supplies, materials, and equipment, for any traffic signi ng, 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 t he Engineer with a statement fr om 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 da ys from the date of receipt of Notice of Award.

2.4.2 TRADE NAMES OR EQUALS

2.4.2.1 Substitutions. - Paragraph 2 of Subsec tion 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 bra nd 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 mate rial, 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.
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2. In order to match other produc ts in use on a particular public improvement either completed or in the course of completion.

3. In order to obtain a necessary it em that is only available from one source.

4. In order to respond to an em ergency declared by a local agency, but only if the declarat ion is approved by a f our-fifths vote of the governing board of the lo cal agency issuing the invitation for bid or request for proposals; or in order to respond to an emergency declared by the state, a state ag ency, or political subdivision of the state, but only if the facts sett ing 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.

Failure of the Bidder to submit re quests for substitution with the Bid, using the form provided in Appendix C of the Contract Documents, shall be deemed to signify that t he Bidder, if awar ded 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 ei ther with the Bid or no t 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 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 – Legal Relations and Responsibilities

2.5.1 LABOR

2.5.1.1 General.

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

The Contractor, and all subcontractors, s uppliers, and vendors, shall comply with all AGENCY, State and Federal or ders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the labor Code, as provided in Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing rates as established by the Director of Indus trial Relations of the State of California. T he Contractor shall not pay less than these rates.

2.5.2 INSURANCE.

2.5.2.1 General Liability Insurance.

The liability insurance coverage values are hereby amended to be:

Insurance Coverage Requirements Limit Requirements

Comprehensive General Liability $2,000,000
Product/Completed Operations Hazard $2,000,000
Comprehensive Automobile Liability $2,000,000
Contractual General Liability $2,000,000
Worker’s Compensation Statute

A combined single limit policy with aggregate limits in the amount of $4,000,000 will be considered equivalent to the r equired minimum limits. A pro forma copy of the policy(s) shall be submitted to the City. A certificate of endorsement naming the City and its Agents as additional insured identifying the coverage limits, dates of coverage insurance provided, and project number is required.

2.5.3 SAFETY.

2.5.3.1 Work Site Safety.

2.5.3.2 General.

Subsection 2.5.3.2 is hereby added to Section 5 of the Standard Specifications as follows:

It is part of the service required of the Cont ractor to make what ever provisions are necessary to protect the public. The Contract or shall use foresight and shall take such 493

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steps and precautions as its operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual condit ions may arise on the work, which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

The cost and expense of said labor and materi al, together with the co st and expense of such repairs as are deemed necessary, shall be borne by the Contract or. All expenses incurred by the AGENCY for emergency r epairs will be deducted from the progress payments and the final payment due to the Cont ractor. However, if the AGENCY does not take such remedial measures, the Contract or is not relieved of the full responsibility for public safety.

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SECTION 2.6 – PROSECUTION AND PROGRESS OF THE WORK

2.6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

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

The Contractor’s proposed Construction Sc hedule shall be submitted to the Engineer within ten working days after the date of the Agency’s execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Constr uction Schedule and delivery dates, arrange utility coordination, discuss cons truction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the last day of each month. The Report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

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:

FORTY-FIVE (45) WORKING DAYS

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 t he City Council without liability for damages, upon the City Co uncil’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 complete d at the time of canc ellation. Any damages sustained by the City due to acts or omissions of the C ontractor will be 495

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subtracted from this amount. The Contractor, in having tendered a Bid, shall be deemed to have waiv ed 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 shal l, 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; 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 Ci ty. 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 Su rety assumes the entire Agreement, all money due th e Contractor at the time of its default shall be payable to the Surety as the work pr ogresses, subject to the terms of the Agreement.

The provisions of this Subs ection shall be in addition to all other rights and remedies available to the City under law.

2.6.4 DAYS DESIGNATED AS HOLI DAYS BY THE CITY OF LYNWOOD

2.6.4.1 Days Designated as Holidays by the City of Lynwood. - In accordance with the Standard Specifications, the days designated as holidays by the City are:

New Year’s Day Independence Day
Martin Luther King’ s Birthday Labor Day
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César Chávez’ Birthday Thanksgiving Day
Christmas 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 Fede ral 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:

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

2.6.5 LIQUIDATED DAMAGES

2.6.5.1 Amount. - The amount of Liquidated Damages as specified in Section 6-9 of the Standard Specifications shall not appl y. The applicable am ount 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 th rough 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 nu mbers is inte nded for the convenience of the Contractor and is not guaranteed to be complete or correct:

A T & T ( 3 1 0 ) 5 1 5 - 2 4 1 9
City of Lynwood (310) 603-0220
City of Lynwood Water & Sewe r (310) 603-0220, Ext. 800 Consolidated Disposal Services (trash collection) (562) 577-6277 497

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Los Angeles County Fi re Department (Sta. 147) (310) 605-5670 Los Angeles County Fire Department (Sta. 148) (310) 603-5270 L.A. County Public Works/Fl ood Control (626) 458-5100 Los Angeles County Sherif f’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) 655-4 555 or (310) 608-5005 Southern Califo rnia Gas (310) 605-7909
Time Warner Cable (5 62) 259-2015 or (888) 892-2253 Underground Service Aler t (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 of the Standard Specifications shall be amended as set forth in the following Subsections:

2.6.8.1 Schedule of Work. - A schedule of Work as required under Section 6-1 of the 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 repo rts 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 computeriz ed CPM capab ility 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 Co ntractor 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 Co ntractor, if requested by the Engineer, shall provide revis ed network diagrams and schedule r eports if at any time the Engineer considers the completion date to be in jeopardy because of "activities behind 498
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schedule." Such additional network diagrams and reports shall include a new arrow or precedence diagram an d schedule reports conformi ng 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.

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 c hange shall be reflec ted 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 gener ally as outlined in the Associated General Contractors of America pub lication, "The Use of CPM in Construction," as amended by these Special Provisions.

2.6.8.7.2 Construction Schedules. - Construction sche dules 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 prec edence diagram of the "activity-on- arrow" or the "activity on node" type and may be divided into separate pages with suitable notation relating to th e 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 activi ty 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 sh all show estimated performance time and free floa t time in scaled format.

2.6.8.7.4 Duration Estimates. - The duration estimate s 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 499
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single, best estimate considering the scope of the Work and resources planned for the activity. Except for certain non -labor activities, su ch 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.

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 numbe rs (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 revi sion number or date

4. Project duration

5. Scheduled completion date

6. Date of commencement of the Work
7 . C i t e n e w c o m p l e t ion 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 – MEASUREMENT AND PAYMENT

2.7.1 GENERAL

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

Payment for the various items of the Bid Schedule(s) shall include all compensation to be received by the C ontractor for furnishi ng all tools, equi pment, 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 Contra ct 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 limi ted 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.

2.7.1.2 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.

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.
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Ac
ceptance of any progress payment acco mpanying 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 t he 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 complete d, shall be di rected 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 Contract or 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 Ci ty’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 Contract or's work, together with releases of lien from any subcontractor or materialmen.

2.7.2 SCHEDULING, MEASUREMENTS AND PAYMENTS

2.7.2.1 Initial Mobilization: - The following paragraphs shal l be added to the end of Subsection 7-3.4 of the Standard Specifications:

Measurement for payment for M obilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during th e 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 Bi d Item, “Mobilization,” which price shall 502

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constitute full compensation for all such work. Pa yment for mobilization will be made in the form of a sing le, 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 payi ng 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 construc tion water supply per the Standard Specifications.

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

7. Furnishing, installing, an d 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 erec tion of Contractor’s work and storage yard.

9. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA and as required by the Standard Specifications.

10. Having the Contractor’s superintendent at the job site full time as required under 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 Pr eliminary Construction Sch edule for the Engineer’s approval within seven (7) calendar days after the commencement date specified in the Notice to Proceed.
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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 mobilizati on can be made un til this has been approved and submitted.

15. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furn ishings and utility services including telephones, telephone a ppurtenances, computer and printer, and copying machine per 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 mobiliza tion 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.

2.7.2.2 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.

Payment for Demobilization will be made at the lump sum allowance named in the Bid Schedule(s) under the Bid It em, “Demobilization,” which price shal l constitute full compensation for all such work. Payment for Demobilization will be made in the form of a single, lump sum, non-pror atable payment, no part of which will be approved for payment under the Agr eement until all Demobilization items listed herein have been completed as specified. The scope of the work included under the Bid Item, “Demobilization” 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 re mediation, if required, of all haul routes utilized by Contractor’s vehicles.

4. Comply with all terms of the Construction Permit.

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5. Submit complete “AS-BUILT” plans.

6. Complete the pr oject punch list.

2.7.2.3 Sheeting, Shoring, and Br acing or Equivalent Method. - Measurement for payment for temporary sheeti ng, shoring, and bracing, or equivalent method, will be based upon the comple tion of all planning, design, engineering, furnishing, and construction, and the removal and disposal of all such temporary sheeting, shoring, and bracing as a lump sum item, complete, 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.

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

- END OF SECTION –

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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

8-1 GENERAL.

The following is hereby added to this Subsection 8-1 of the Standard Specifications:

No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor for the project in the City if so provided by the Contractor for his own personnel.

SECTION 9 – CITY STANDARDS, STANDARD PLANS AND DRAWINGS

Section 9 is hereby added to the Standard Specifications as follows:

All public improvements, construction and dedications required and described in this manual shall conform to the standards and specifications of the City. Standards, Standard Plans and Drawings of the following agencies are used by the City of Lynwood and are part of the City’s standards. Where there is ambiguity or conflict between standards over which standard shall apply, the City Engineer shall determine what shall apply, and his determination shall be final.

All construction is subject to the approval of the City Engineer.

Standard Plans – Standard Plans for Public Works Construction, SPPWC, “Latest Edition and Supplement”.

Los Angeles County Public Wo rks Department – Gr eybook and all plans except those modified or replaced by City Standards.

Los Angeles County Waterworks District - Applicable water.

Los Angeles County Flood Control District - Applicable storm drains.

Sanitation Districts of Los Angeles County - Applicable sewer and manholes.

State of California – Califo rnia Department of Transp ortation (Caltrans) Standard Specifications
and Standard Plans - Pavement markings and traffic loops.

City Standards - All applicable standard plans.

Standard Specifications - The latest edition of, and applicable amendments to, the “Standard Specifications for Public Works Construction (SSPWC).”

California Manual on Traffic Control Devices (CA-MUTCD), “Latest Edition”.

American Water Works Association (AWWA), “Latest Edition”.

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SECTION 400 – PROTECT AND RESTORATION

400-1 GENERAL.

The second paragraph of Subsection 400-1 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of the o perations or as required by the Plans and Specifications.

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 t he Contractor shall repaint or replace such improvements.

Reallocations, repairs, replacements, or re-establishments s hall be at leas t equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements shall be included in the bid.

400-2 PERMANENT SURVEY MARKERS.

The following is added after the first paragr aph of this subsection of the Standard Specifications:

The Contractor shall reset distributed monuments and provide a Corner Record Survey filed with the County Surveyor and City engineer. Corner Record Surveys shall be completed by a Surveyor licensed in the State of California to practice surveying.

SECTION 402 - UTILITIES

402-1 LOCATION.

The agency did not perform any utility investigation. The Contractor shall be responsible to contact USA to mark all utilities and shall conduct this operation to protect all marked utilities in place. Any damaged utility line shall be repaired at the contractor sole expense. The price for protecting all utilities in place shall be considered as paid for in the various Bid items and no additional compensation shall be allowed thereafter

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TEMPORARY TRAFFIC CONTROL

SECTION 600 – ACCESS

600-1 GENERAL.

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

The Contractor shall notify the occupants of all affected properties in writing at least forty- eight hours (2 working days) prior to any temporary obstruction of access. Vehicular access to the property shall be main tained except as required for co nstruction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer.

600-2 VEHICULAR ACCESS.

There are some driveways that require replacement in order to be American with Disabilities Act (ADA) compliant. Where a property has two driveways, only one driveway at a time can be closed for replacement. Where a single driveway to a property has a considerable width, half of the driveway is to be closed, worked on and reopened for usage before the other half of the driveway can be worked on.

All driveways have to be open for access during project non-construction hours and days which may require use of plating and other devices or methods.

No driveway can be worked on until the owner/tenant has been informed in writing with five (5) working days’ notice of the scheduled work and has agreed to the planned schedule of the Contractor.

Under situations of driveway closure to pedestrians, the Contractor shall post advance notice on barricades to direct pedestrian to use the sidewalk on the opposite side of the street or the Contractor may elect to provide continuous K-rail in the curb lane to allow pedestrians to walk in the curb lane behind the K-rail. Any and all devices such as plates, barricades, K- rails and notices shall be continuously maintained for pedestrian and vehicle safety. No curb lanes shall be closed during non-working days of the week. Appropriate advance warning signs shall be continuo usly maintained as ne eded during the project. All such devices, warning signs and inte rruptions of normal vehicle lane s, parking lanes and pedestrian walkways shall be shown on the Traffic Control Plan for advance approval by the Agency.

SECTION 601 – TEMPOR ARY TRAFFIC CO NTROL FOR CONS TRUCTION AND

MAINTENANCE WORK ZONES

601-1 GENERAL.

This subsection is added to section 600-1 of the Standard Specifications:

Street closures will not be allowed except as specifically permitted by the Engineer. 508

Part 2 BD - 29
At the Pre-Construction meeting, the Contract or shall submit to th e Engineer a detailed written plan for traffic control and construction sequencing for the project. The plan shall include drawings as necessary to clearly outline how traffic flow and pedestrian walkways will be handled during the course of construction and where detour and advance notice signs will be posted.

601-3 TEMPORARY TRAFFIC CONT ROL (TTC) ZONE DEVICES.

601-3.6 Channelizing Devices.
601-3.6.1 General.

Traffic lane transitions shall not be sharper than a taper of thirty to one.

Temporary traffic channelization shall be accomplished with barricades, K-rail sections or delineators. Temporary striping will not be a llowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed to remain on finish pavement surfaces.

In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer.

601-3.7 Traffic Sign Enhancement Devices.
601-3.7.1 General.

The contractor shall include in his Traffic Control Plan use of lighted message boards to notify traffic of project and any changes in vehicle or pedestrian travel routes.

If the Contractor shall fa il to provide and install any of the signs or traffic control devices ordered by the Engineer, the Engineer may either stop the work or cause such signs or traffic control devices to be placed by others and charge the cost therefor against the Contractor, and deduct same from the next progress payment

601-5 TRAFFIC LANE WI DTHS AND CLEARANCES.

601-5.2 Lane Widths.

At least one twelve-foot wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The Contractor must submit a traffic control plan to the City, signed by a registered traffic or civil engineer in the state of California, and obtain approval of same in writing from the City Engineer. The plan shall be prepared per latest edition of California Manual on Traffic Control Devices (CA-MUTCD).

601-5.3 Clearances.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. 509

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Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Any striped roadway shall be delineated by the Contractor with temporary raised reflective markers when it is to be left un-striped overnight.

- END OF SECTION –
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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
PART 3 – TECHNICAL PROVISIONS
CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024
PROJECT NO. 4011.68.104

IN THE CITY OF LYNWOOD
PROJECT No. 4011.68.123
511
CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2B)
FY 2023-2024
PROJECT NO. 4011.68.104

TECHNICAL PROVISIONS
All Bid Items shall be in accordance with the Greenbook Standard Specifications for Public Works Construction (SSPWC) and Standard Plans for Public Works Construc tion (SPPWC), Latest Edition includi ng supplements, State of Ca lifornia Caltrans S tandard Plans and Specifications, Latest Edition, and the Special Provisions and General Conditions of these specifications.

Bid Item No. 1 – Mobilization/De mobilization (Not to exceed 3% of total of all other Prime Contract Bid Items)
Mobilization shall conform to the prov isions of Sections 7-3. 4 of the Standard Specifications.

M
obilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be perform ed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site.

Mobilization shall also include the time, ma terials, and labor to m ove the necessary construction equipm ent to and from the site , superv isory tim e on the job by the Contractor’s personnel to keep the construc tion site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials. Demobilization includes rem oval of all equipment and materials from the site, clean up and restoration of the work site at the end of project.

No additional amounts shall be paid for eros ion control, Best Management Practices (BMP), erosion damage clean- up, and removal of debris fr om the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.

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 Part 3 BD - 2
PROJECT No. 4011.68.123
512
Part 3 BD - 3
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 sediment ation 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 eros ion control and sedimentation shall also be implemented prior to the comm encement of any Contractor activity or construction operation, which may produce run-off, and w henever 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 t he 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 re sult of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

Payment for Mobilization/Demobilization shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, fr om all related agencies, including, but not limited to, utility companies, private and pub lic agencies and the City of Lynwood; and complying with the requirement s specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practi ces, and incidentals necessary to perform all related items of work . Progress payments for this bid item shall be paid for in accordance with the completion percentage of the project to the Contractor and shall include the cost of such mobilizati on administration during the entire contract period and demobilization. No additional compensation will be allowed therefor. The sum total of this Bid Item shall not exceed 3% of the total of all other Bid Items.

Bid Item No. 2 – Traffic Control
Traffic control, Traffic control pl
an, cons truction signing and traffic maintenance shall comply with the provisions of Subsection 5-7, 600 and 601 of the Standard Specification, Subsection 56-2 of the Caltrans Standard Specifications, and the current requirements set forth in the “Manual of Traffic Controls for Construction and Maintenance Work Zones” published by the Department of Transportation, State of Calif ornia, and latest California Manual on Uniform Traffic Control Devices (CA-MUTCD), the traffi c control plans and these Special Provisions.

The Contractor shall maintain the following clearances from the edge of traffic lanes:
1) 5 feet to any excavation,
2) 2 feet to curbs or te mporary concrete barriers,
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Part 3 BD - 4
3) 10 feet to poles and other obstructions on uncurbed roadways.

If determined by the City Engineer that it is necessary to decrease these minimum distances to allow for the prosecution of the work, the Contractor shall provide all protective devices required by the City Engineer to adequately protect the public.

PUBLIC CONVENIENCE

At least ten (10) calendar days prior to co mmencing paving work, the Contractor shall submit a pavement spreading schedule to the City for approval. Based on the pavement spreading schedule, the Contractor is to notify residents and businesses of the proposed work and post temporary “NO PARKING” signs at no cost to the City. Signs shall be posted at all intersections, and on each side of the street a maximum of 200 feet between signs. Signs shall not be attached to existing poles, street light standards or trees. All signs must be posted on delineators or stak es provided by the Contractor. The “NO PARKING” signs shall be in place not less than seventy two (72) hours prior to performing the work; therefore a request for changes in the schedule requiring additional posting shall be submitted by the Contractor for approval by the City Engineer at least seventy-two (72) hours prior to reconstruction and overlaying the street. All conflicting parking signage shall be covered.

Due the nature of this project involving major inconvenience to residents and businesses, a good Public Relations Program is mandat ory and evidence of satisfactory past performance in this area will be required.

The Contractor is to distribut e a minimum of two (2) “Public Notice” to each resident and business affected by the projec t. The first notice shall be di stributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least seventy two (72) hours (3 working days) prior to the st art of work. A sample copy of the notice must be approved by the City Engineer. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob a nd/or gate. The Contractor shall also coordinat e with the bus services to en sure the safe operation of buses and access to bus stops in the construction area.

The Contractor shall also coordinate with the trash disposal and postal services agencies to ensure the safe operation of their vehicl e and access in the construction area. Notices shall be in English and Spanish language.

All complaints received by the City associat ed with the construction project alleging damage to private property and vehicles sha ll be responded to by the Contractor within one working day (24) hours of notification. Failure to comply with this provision may result in a penalty of One Hundred dollars ($100.00) per occurrence.

All trucks, which the Contractor proposes to use, that exc eed the legal load limit when loaded will be required to have overweight permits issued by the City for which there is a fee.

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The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vi cinity of the project as spec ified in Subsection 7-10 of the General Provisions

PROTECTION OF WORK AND PUBLIC

The Contractor shall take all necessary meas ures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged pavement as a result of damage (i.e., vehicle tracks, footprints, graffiti, etc.) If deemed necessary by the City, the Contractor sha ll repair the defective area in accordance with these special provisions.

CONSTRUCTION SIGNING

Construction signing shall consist of furnis hing, installing, maintaining and removing construction signs and barricades as required by the “Manual of Traffic Controls for Construction and Maintenance Work Zones”. The traffic control system shall be installed on a road prior to starting work for that road and shall not be removed until all work has been completed on that road. Existing speed limit signs, which conflict with the work zone speed limit, shall be covered during the entire construction period.

TRAFFIC MAINTENANCE

The Contractor shall be responsible for handling vehicular and ped estrian traffic in accordance with Subsection 601 of the Standard Specificat ions and these Special Provisions.

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

1. Notification Signs.

2. Existing and temporary lane lines.

3. Dimensions of the work zone and street improvements.

4. Advance warning signs.

5. Delineators

The plans shall be submitted to the City no later than the Pre-Construction meeting and shall incorporate a complete and separate plan for each st age of construction proposed by the Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for each phase. The traffic control plans shall indicate the travel plan for each phase of construction. The traffic control plans shall state:

1. That the plan will conform to the “California Manual on Uniform Traffic Control Devices (CA-MUTCD)” Latest Edition.

2. Emergency contact person and phone number.

3. Minimum lane widths and minimum clearance to obstructions.

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The traffic control plan shall be reviewed a nd accepted by the City Engineer prior to beginning any removals.

The Contractor shall cooperate with the City Engineer relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to driveways.

The Contractor shall furnish and install constr uction notification signs as shown on traffic control plans and as specified by the City of Lynwood.

The Contractor shall provide for controll ed pedestrian crossings through the work.

Crossings shall provide pedestrians a means of passing over or through the work without tracking tack coat or hot asphalt on existing concrete work or endangering pedestrian safety. At intersections, if a cross road needs to be temporarily clos ed when work is in progress through the intersection and the anticipat ed traffic delay is more than five (5) minutes, a detour sign shall be installed on the cross street and shall include the installation of advance signing displaying the anticipated delay time. The signing of the detour route shall be approved by the City Engineer prior to installation of the detour and closure of the road.

The Contractor shall provide for one lane of travel in each direction at all times unless approved by the City Engineer. When two-way traffic is rest ricted to one lane in each direction, and when applying an overlay past intersecting roads, traffic shall be controlled as required by the “Manual of Traffic Controls for Cons truction and Maintenance Work Zones”. A pilot car and driver will be required at various locations if control by flaggers and/or control devices proves deficient in the opinion of the City Engineer. In no case shall the Contractor provide less than one (1) lane of travel in each direction through the construction zone including cross-streets, except if an alternative plan is approved by the City Engineer.

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

TEMPORARY GUIDE MARKERS

Temporary guide markers shall be portable Caltrans, Standard Spec ifications approved delineators. Only one type of temporary guide marker shall be used on any road at any one time.

Temporary guide markers shall be placed adjac ent to the edge of all vertical lips or excavations that exceed 1 inch. If the temporary guide markers are damaged, or are not in an up-right position, from any cause, said markers should immediately be replaced or restored to their original locations, in an upright position by the Contractor.

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PORTABLE DELINEATORS

The vertical portion of the portable delineato rs shall be brilliant orange or predominantly orange in color. The posts shall be not less than 100 square inches, measured through the vertical axis of the de lineator, normal to the roadway. The minimum height shall be thirty-seven (37) inches above the traveled way.

Two 4-inch nominal width reflective bands shall be mounted a minimum of 1 ½ inches apart and at a height on the post so that one re flective band will be between 2.5 feet and 3 feet above the roadway surface.

Reflective bands shall be flexible vinyl plastic, either white or yello w, and shall have not less than the following dry reflective values at a 0.2 degree diverg ence angle, expressed I units if candlepower per foot-candle per square foot. The wet reflective values shall not be less than ninety percent (90%) of the dry values.

Dry Reflective Value

Angle of Incidence 4º 5º 30º White 250 165 50
Yellow 10 110 50

All tests for reflective values shall be performed in accordance with Test Method No. Calif. 642.

The portable delineators shall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators exceed thirty (30) feet on tangents or twenty (20) feet on curves.

FLUORESCENT TRAFFIC CONES

Provide lighted flashers and lighting for night time. Fluorescent traffic cones shall be new or reconditioned and of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be highly pigmented fluorescent orange polyvinyl com pound. The cone shall be anchored in a manner such that the traffic cone will remain in an upright position.

The fluorescent traffic cones shall be sp aced as necessary for proper delineation; however, in no case shall the spacing between fluorescent cones exceed thirty (30) feet on tangents or twenty (20) feet on curves.

STRIPING

Temporary striping and marking for traffic control shall conform to Section 310-5.6.5 of the Standard Specifications. Temporary striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses. 517

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RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES

The Contractor shall conduct all operations so as to provide access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public.

The Contractor shall construct temporary A.C. ramps or equal to provide safe and drivable access to residents and business properties daily. If steel plates are re quired, they shall be provided by the Contractor at no additional cost to the City.

The Contractor shall coordinate all shipments and deliveries to businesses.

The Contractor shall be responsible for furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to the work being done.

No additional amounts shall be paid for eros ion control, 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.

Payment for Traffic Control shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for providing and maintaining safe traffic control including all temporary signs, striping and delineation, preparing and providing traffic control plan during the project, obtaining all approvals and permits, as required, from all related agencies, including, but not limited to, public agencies and the City of Lynwood; and complying with the requirement s specified in those licenses and permits, coordination, field office facility; and incidentals necessary to perform all related items of work.

Construction Surveying and Staking (No Bid Item)

It shall be the responsibility of the Contractor to supply any and all construction surveying and staking required. All surveying shall be performed under the direct supervision of a California Licensed Land Surveyor or Civil Engineer duly licensed to perform land surveying.

Construction Survey and staking consist of furnishing transportation, labor, materials, and equipment to provide surveying and field engi neering under the dire ction of a Land Surveyor or Professional Engi neer licensed in t he State of Californi a to do surveying.

Furnish skilled labor, instrument platforms, l adders and such other te mporary structures, required lighting for making and maintaining points and lines in connection with the surveys required.

Construction staking shall conform to the Standard Specification Section 2-9. Work under this Section includes, but is not limited to, the following:

1. Establish and maintain horizontal and ve rtical control points from City Engineer- supplied benchmarks and baselines.

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2. Establish temporary benchmarks.

3. Layout of all work.

4. Construction staking for earthwork, pav ing work and median curb required on the project.

5. Control, staking, and grade checking for all earthworks.

6. Maintain records on reproducible contra ct drawings (ASCII points file) of as- constructed locations of project components and features during the course of the project.

7. Unless the project shows a separate bid it em for the survey monumentation in bid schedule, contractor shall establish/reestablish survey monuments as shown on the construction drawings and file Corner Record Survey with the County Surveyor and the City Engineer.

City Engineer reserves the right to che ck the accuracy of Contractor's survey measurements and calculations. Regardless of whether or not the City Engineer exercises this right, the requirements for Contractor accuracy and adequacy will not be waived.

Copies of all completion survey notes, and other data shall be furnished to the City Engineer prior to beginning work that requires their use.

Prior to completion of Project and when r equested by City Engineer, Contractor shall submit a copy of site drawing and certif icate signed by California Registered Land Surveyor or Professional Engineer as applicable, that elevations and locations of Work are in conformance with Contract Documents.

Contractor shall set permanent monuments and file “Record of Survey Map”. The contractor shall be responsible to maintain a complete and accurate log of control and survey work as it progresses.

Contractor shall field verify locations of survey control points prior to starting any work on the Project Site. Contractor shall establis h and submit to City Engineer any temporary control points as necessary due to construction activity. The Contractor shall notify City Engineer of any discrepancies discovered and resolve prior to starting any work.

The Contractor shall lay out work from th e City Engineer's established control points, baselines, ranges and gauges and shall be responsible for all measurements in connection therewith. Furnish, at Contractor's expense, all stakes, templates, platforms, equipment, range markers, and labor as may be required in laying out any part of the Work from the points and lines established by the City Engineer. The Contractor will be held responsible for the execution of the Work to such lines and grades as may be established or indicated by the City Engineer. It shall be the respons ibility of the Contractor to maintain and preserve all stakes and other marks established by the City Engineer until authorized to remove them. If such marks are destroyed by the Contractor or through negligence prior 519

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to their authorized removal, they may be replaced by the City Engineer at City Engineer's discretion. The expense of replacement will be deducted from any amounts due, or to become due, the Contractor.

Surveying shall conform to methods, proc edures, and requirements of the CALTRANS Survey Manual. Contractor shall set finish grades at a maximum of 50-ft. intervals for dirt, 25-ft. intervals for rock and at all grade breaks. Contractor s hall establish or reestablish baselines and field control points as necessary and provide all basic site engineering to assure accurate locations and elevations for construction. It will be contractor’s responsibility to verify location and elevation of existing structures and utilities as required for new work.

Control datum for survey may be indicated on Contract Drawings. Contractor shall locate and protect, or replace survey control and reference points, preserve permanent reference points during construction and provide record of survey for replacement at record monument. The contractor shall report to City Engineer loss or destruction of any reference point or relocation required because of changes in grades or other reasons and replace dislocated survey control points based on original survey control. There will be no changes without prior written notice to City Engineer.

Payment for Construction Survey and Staking shall be considered as included in the prices paid for the Various Items of work involved as specified in Section 309 of the Standard Construction Specifications and ther efore no additional co mpensation will be made. This item shall include full compensation for setting permanent monument and file “Record of Survey Map,” preparing and providing survey control plan during the project, obtaining all approvals and permits, as required, from the City Engineer, including, but not limited to, public agencies and the City of Lynwood; and complying with the requirements specified in those licenses and permits, coordinat ion, field office fa cility; and incidentals necessary to perform all related items of work.

Bid Item No. 3 – Sawcut and Remove Existing AC pavement, Base, Subbase and Native Soil to provide Clear Depth

This Bid Item shall conform to Section 401- 2 of the Standard Spec ifications and shall include all labor, material and equipment required to include the following items of work:

A. Sawcutting and removal by excavation of existing asphalt concrete (AC) pavement and underlying materials excavated to a depth required for the placement of a new pavement section and sub-base as shown on the project drawings. The excavation shall include, but is not limited to, the subgrade native soils. All work shall be completed in accordance with these specifications, the lines and grades, and typical cross-sections shown on the drawings. The underlying materials which are removed from excavations beneath the existing AC pavement shall be inspected by the City Engineer prior to performing over excavation.

B. Removal of materials resulting from milli ng, excavation, shall be legally disposed of legally debris, shrubs, rubbish and excess material.
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C. Maintaining dust control at all times by watering.

D. Removal and disposal of any additional items not specifically mentioned herein, which may be found within the work limits or are shown on the plans to be removed and disposed off legally.

E. Removal and disposal of unnamed concrete improvements.

F. Restoration and clean-up of the site.

G. Providing for traffic control and maintenance of access to driveways, security and safety including signs, barricades, covers, steel plates and/or chain link fencing as necessary.

H. Protecting in place of existing water mains, sewers, storm drains, meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures.

I. Removing and restoring or relocating all sp rinkler lines, heads, valves, etc. interfering with construction of improvements.

J. All materials removed shall be lawfully disposed of at a site secured by the Contractor.

The Contractor will make every effort to recycle excavated and demolition materials. The Contractor shall provide the City Engineer with a letter indicating the final disposition of all excavated and demolition materi als from the project within five (5) working days after project completion.

K. No excavated or demolished materials shall be left in the public right of way overnight.

It is the Contractor’s responsibility to do whatever subsurface exploration is required to do a complete bid covering the cost of removal to the grades required.

The Contractor shall also be aware of existing Petromat fabric material under the existing pavement when removing the pavement. Pavement fabric, such as Petromat, shall be removed and disposed of, as required.

The Contractor shall also be aware of ex isting Macadam material under the existing pavement when removing the pavement.

The Contractor shall prepare t he subgrade in accordance with the Specifications and to the satisfaction of the City Engineer, prior to placing new pavement. This item shall include excavation, backfill, disposal of excess materials and fine grading required to establish the grades shown on the Project Plans.

The subgrade preparation shall conform to Section 301-1 of the Standard Specifications.

Unless otherwise specified, soil in the pav ed area shall be compacted to a relative compaction of ninety-five (95) percent in layers not to exceed six (6) inches of subgrade 521

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prior to placement of gravel base and the remainder shall be ninety-five (90) percent by a suitable means of compaction.

All existing asphalt concrete (AC) pavement to join new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to existing improvements, protecting in-place of existing water mains, sewers, storm drains, meters, valve covers, wall, fences, curbs, fire hydrants, telephone and power poles, and other existing structures.

It is the Contractor’s responsibility to perform whatever additional exploration is necessary to avoid causing any damage to the existing utilities under the work area. Any damage done by the Contractor shall be repaired or replace as call ed out in Section 402 of the Standard Specifications for Public Works Construction at the Contractor’s expense.

This work shall consist of cutting existing asphalt concrete or cement concrete to facilitate its removal. 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 surface course AC is construc ted. Under this item , the use of a grinder will not be allowed in lieu of power-driven saw.

Payment for Removal of Existing AC Pavement, Base, Subbase and Native Soil shall be at the contract unit price per Cubic Yard (CY) and shall be considered full compensation for furnishing la bor, materials, equipment, sa wcutting, removals, hauling and disposal of unsuitable materials, gr ade for the base, com paction and no additional compensation will be allowed therefor. Payment for the removal of Macadam and/or Petromat fabric material sha ll be included in this bid it em of work and no additional compensation will be allowed.

Bid Item No. 4 – Cold Mill Existing Asphalt Concrete (AC) Pavement (2” Deep)

Cold milling shall conform to the provisions of Section 404 of the SSPWC. The Contractor shall cold mill existing AC pavement as dimensioned and as otherwise designated on the plans as modified by City Engineer recommendations following the additional coring. Cold milling shall remove and dispose existing AC pavement to provide an overlay key at joins and over the width of the cold milled area. Additional depths of cold milling may be required as determined by the City Engineer. The surface of pavement after cold milling shall be uniformly rough grooved or ridged as directed by the City Engineer. The grade shall not deviate from a suitable straight edge by more than 1/8” at any point. Contractor shall recompact any exposed base material to relative compaction.

The Contractor shall be aware of existing c oncrete pavement and concrete gutters that may exist below the existing pavement. The Contractor is responsible for determining the location and pavement existing thickness prior to cold milling. The Contractor shall use a cold milling machine with a smaller cutting head to remove all material not removed by the larger cold milling machine to the limits shown on the typical detail.

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Where transverse joints are planed in the pavement at conform lines, no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic, a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered not greater than one-inch (1”) vertical in twelve inches (12”) horizontal.

During the cold milling operati on, the Contractor shall sweep the street with mechanical broom equipment and remove all loosened material from milled areas. The Contractor shall abate dust nuisance by cleaning, sweepi ng, and sprinkling with recycled water (if available) or other means as necessary.

Planed pavement shall not remain exposed to traffic for more than two (2) working days in advance of the placement of asphalt concre te paving materials, and it shall be the responsibility of the Contractor to sc hedule planning (Milling) and paving operations to meet this requirement.

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

All materials to be removed shall be disposed of at a legal site as specified in subsection 404-8 of SSPWC and reported to the City.

Crack Sealing (Not a Bid item)

After the completion of the cold milling operation, ¼” wide cracks and larger shall be cleaned by hot air blowing to provide intact bonding surfaces which are free of moisture and debris. After the cracks hav e been properly cleaned, t hey shall be sprayed with an approved soil sterilant, and then filled with SS-1H asphaltic emulsion and sanded. Cracks and pop-outs larger than 1” wide shall be sealed with a D2-SC-800 stockpile mix.

Payment for Cold Mill Existing A.C. Pavement shall be made on a Square Foot (SF) unit price basis and shall be considered full compensation for complying with the above requirements and considered as in cluded in the contract unit pr ice. Furnishing of labor, materials, equipment, removal, hauling, properly disposing, pr otection of facilities and restoration to complete the construction are c onsidered as included in the price, and no additional compensation will be allowed therefor . Payment for the re moval of Petromat fabric material shall be included in this bi d item of work and no additional compensation will be allowed.

Bid Item No. 5 – Sawcut and Remove Existing Concrete Sidewalk

This Bid Item shall include all labor, material and equipment required to Sawcut, remove, haul away and properly dispose of existing concrete sidewalk and sub-grade compaction.

Removal of concrete sidewalk as shown on the Contract Drawings shall conform to Subsections 401-3.2 of the Standard Specifications for Public Works Construction. 523

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Sawcut ting 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 ex act location of side walk removal shall be approved by the City Engi neer in the field. G enerally, 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.

This item shall include root clearing and/or tree root removal of the sections immediately adjacent and underneath sidewalk in order to bring new sidewalk to final finish grade. Full compensation for root clearing and tree root removal shall be included in the unit price of sidewalk and no further compensation shall be made.

All existing improvements including Fence/ Wall/Gates/Plants/Grass/Trees/Irrigation Systems/etc. that might be damaged during construction s hould be videotaped and it is Contractor’s responsibility to protect all ex isting 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 400- 1 of Standard Specifications fo r Public Works Construction.

All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation. All materials to be removed as indicated on the plans shall be disposed of at a legal site as specified in subsection 401-5 of the Standard Specifications for Public Works Construction.

Payment for Sawcutting and Removal of Existing Concrete Sidewalk shall be at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above require ments and shall include furn ishing of labor, materials, equipment, Sawcut ting, removal, excavation, hauling, properly dispos ing, protection of facilities, grading, sub-grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Bid Item No. 6 – Sawcut and Remove Existing Concrete Curb and/or Curb & Gutter

This Bid Item shall include all labor, materi al and equipment required to sawcut, remove, haul away and properly dispose of existing concrete curb and/or curb and gutter, two-feet- wide strip of AC pavement or Concrete pavement for forming, base, sub base, native soil and all existing improvements to provide clear area for construction of new curb and/or curb and gutter. Removal of concrete cu rb and/or curb and gutter as shown on the Contract Drawings and as directed in the field by the Engineer, shall conform to Subsection 401-3.2 of the Standard S pecifications for Public Works Construction. Work shall also include replacement of any removal or damaged 3”-4” diameter drainpipe.

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, strai ght break without loosening, cracking, or 524

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damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete curb and/or curb and gutter is constructed. Generally sawcuts shall be on existing joints or score mark.

All necessary sawcutting of existing concrete curb and/or curb and gutter shall be to the lines shown on Plans and as directed in the fi eld by the Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

Removal of two-feet-wide strip of AC pavement along curb and gutter for forming and the placement of a new curb and gutter is included in this removal bid item and no additional compensation will be allowed.

Payment for Sawcutting and Removal of Existing Concrete Curb and/or Curb & Gutter shall be paid for at the contract unit price per Linear Foot (LF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sa wcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub-grade compaction, restoration and incidentals for doing all the work invo lved complete in place and no additional compensation will be allowed.

Bid Item No. 7 – Sawcut and Remove Existing AC Driveway Approach

This Bid Item shall include all labor, material and equipment required to Sawcut , remove, haul away and properly dispose of existing ac driveway and related adjacent areas needed to construct a new driveway. Removal of ac driveway approach as shown on the plans and directed by City Engineer in conform ance to Subsection 300-1 of the Standard Specifications for Public Works Construc tion and the rules outlined herein about endeavoring to maintain operational access of a driveway.

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, strai ght break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean Sawcut edge shall be maintained until new concrete Driveway is constructed. The exact location of driveway approach removal shall be approved by the City Engineer in the field. Generally Sawcut shall be on existing joints or score mark.

All necessary Sawcutting of existing AC Driv eway Approach 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. Per Standard Plan 110-2 for Dr iveway aprons, Curb and Gutter adjacent to apron is included as part of the apron as a square foot quantity.

All existing improvements including Fence/ Wall/Gates/Plants/Grass/Trees/Irrigation Systems/etc. that might be damaged during construction s hould be videotaped and it is Contractor’s responsibility to protect all ex isting 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 of Standard Specifications fo r Public Works Construction.

All damages to these items shall be fixed to the satisfaction of City Engineer without any 525

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additional compensation. All materials to be removed as indicated on the plans shall be disposed of at a legal site as specified in subsection 300-1.3 of the Standard Specifications for Public Works Construction. Per Standard Plan 110-2 for Driveway aprons, Curb and Gutter adjacent to apron is included as part of the apron.

Removal of two-feet-wide strip of AC or PCC pavement along the curb and gutter for forming is included in this removal bid item and no additional compensation will be allowed.

Payment for Sawcut and Removal of Exis ting AC Driveway Approach (or portion thereof) shall be paid for at the c ontract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, Sa wcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub-grade compaction, restoration and incidentals for doing all the work invo lved complete in place and no additional compensation will be allowed.

Bid Item No. 8 – Prune Tree Roots and Install Root Barriers

Work under this section shall include but s hall not be limited to, sawcutting, removal, clearing and disposal of tree stumps and root s as shown on project drawings, Standard No. 523-2 of Standard Plans for Public Works Construction, and conform to Subsection 300-1 of the Standard Specifications for Public Works Construction. Contractor shall prune the roots of trees as directed by City Engineer and install root barriers.

Prior to any work on any tree, the contractor shall provide a Certified Arborist to assure the pruning of tree roots and shall not cause the tree to die or co mpromising the stability of the tree.

Roots no greater than 2 inches may be cut without approval of City Engineer and licensed arborist or designated representative. If cutting is unavoidable, a clean cut must be made with a sharp saw to sound wood, flush with the trench site. E xcavation by hand-digging, hydraulic or pneumatic excavation is only be permitted within the tree pruning zone (TPZ).

Heavy equipment may only be used for excavati on if stationed outside of the TPZ and is not permitted within the TPZ without approval of the City Engineer and Licensed arborist

These methods are to be considered as alternat ives to severing tree roots and is subject to the City Engineer’s approval:

1. Grinding of a raised walkway of concrete pad

2. Ramping a walkway surface over exposed tree roots or lifted slab with flexible paving.

3. Routing a new walk way around roots if space allows

Any damage to trees as a result of construc tion activities must be reported to the City Engineer as soon as possible. It should also be reported to the Public Works Manager to monitor the tree’s progress or recovery. Damage to roots and/or limbs must be repaired 526

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immediately by the contractor , under the direction of the City Engineer and arborist. If a tree is damaged beyond repair due to construction activities, the contractor is responsible for replacement of tree of similar size, quantity and variety. If a damaged tree cannot be replaced, the contractor is responsible to pay damages to the City.

All the root pruning required to place or replace walks, curbs, curbs and gutters shall be limited to the minimum amount necessary to set forms.

No root shall be removed within five (5) diam eters of the tree trunk measured at 4 feet 9 inches above grade without ISA's recommendation and the written permission of the City Engineer.

Any such root removed without the City Engineer’s written permission may create a hazardous condition for which the Contractor shall be liable. Should the Contractor create a hazardous condition in the so le judgment of the Engineer, t he 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 hired by the Contractor.

Payment for Prune Tree Roots and Install Root Barrier shall be made per Each (EA) at the unit price bid in the contract prices bid and shall include full compensation for furnishing all labor, tools, equipment, sawcu tting, removal, hauling, properly disposing materials and incidentals necessary to comple te the work in accordance with the plans and as specified herein. No adjustment in the contract bid prices will be made therefor.

Bid Item No. 9 – Remove Post and Salvage Sign

This Bid Item shall include all labor, material and equipment required to remove, haul away and properly dispose of existing post, footing, base, sub-base, its appurtenance and native soil to provide clear area for new improvements. Contractor shall salvage the existing sign for re-installation. Removal of existing sign and/or post and underlying materials as shown on the Contract Drawings and shall conform to the Standard Specifications for Public Works Construction. Signs indicated to be salvaged per plan should be removed and stored in the City’s yard.

Payment for Remove Post and Salvage Sign shall be at the contract unit price per Each (EA) and shall be considered full compensat ion for complying with the above requirements, furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, backfill, grading, sub-grade compaction, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

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Bid Item No. 10 – Sawcut, Remove and Cons truct Concrete Curb and/or Curb & Gutter

This Bid Item shall include all labor, materi al and equipment required to sawcut, remove, haul away and properly dispose of existing concrete curb and/or curb and gutter, Two-feet wide strip of AC pavement for forming and sub-grade compaction & place concrete curb, and a full depth of asphalt concre te pavement at a section excavated for placement of a new curb. Removal of concrete curb and/or curb and gutter as shown on the Contract Drawings, shall conform to Subsection 401-3.2 of the Standard Specifications for Public Works Construction. This item shall also include removal and disposal of unsuitable subgrade soil excavated for placement of gr avel base. All boundaries limits will be approved by the Engineer prior to saw-cutting. The Contractor shall exercise care in removing existing concrete so as not to dam age adjoining areas which are to remain in place and any damage so caused shall be replaced by the Contractor at his own expense.

The construction of concrete curb and/or curb and gutter shall conform to the provisions of Section 303-5 of the SSPWC and project drawings made part of these Specifications.

Concrete shall be Class 520-C- 2500 as specified in Secti on 201-1.1.2 of the Standard Specifications for Public Works Constructi on. Curb and/or curb and gutter shall be constructed over 6” crushed aggregated base (CAB) compacted to a relative compaction of ninety-five (95) percent and shall be calculated and paid under a separate Bid Item.

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, strai ght break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete curb is constructed. The exac t location of curb and/or curb and gutter 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 curb and/or curb and gutter shall be to the lines as required by the City Engineer. Sawcu tting shall be included in the unit price and no further compensation shall be made.

This item shall include removal and dispos al of unsuitable subgrade soil excavated for gravel base, root pruning and/or tree root removal of the sections adjacent and underneath curb and/or curb and gutter in order to bring new curb and/or curb and gutter to final finish grade. Full compensation for root pruning and tree root removal shall be included in the unit price of sidewalk and no further compensation shall be made.

It is Contractor’s responsibility to protec t all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb, pull boxes, utility boxes, and etc. in place per section 300-1.2. All damages to thes e items shall be fixed to the satisfaction of City Engineer without any additional compensation. 528

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The subgrade preparation shall conform to Section 301-1 of the Standard Specifications.

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

Concrete curb and/or curb and gutter shall be constructed to the line, grades and design shown on the plans or as order ed by the City Engineer. Ex isting curb and/or curb and gutter 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.

The curing of Portland cement concrete pav ement shall conform to the provisions of Section 303-1.10 and 303-5.6 of the Standard Specificatio ns for Public Works Construction. The application of the sealing compound shall be in accordance with the requirements of Section 90-7.01B of the State Standard Specifications.

Removal and backfill of Two-feet (2’) wide strip of AC pavement adjacent to the edge of curb or gutter for the placement of a new curb and/or curb and gutter is included in this bid item and no additional compensation will be allowed.

Payment for Sawcut, Remove and Construct Concrete Curb and/or Curb and Gutter shall be paid at the co ntract unit price per Linear Foot (LF) and shall be considered full compensation for complying wit h the above requirements and s hall include furnishing of labor, materials, equipment, tools, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, gradi ng, sub-grade compaction , backfilling, grading, compacting, forming, pouring, finishing, curing, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Bid Item No. 11 – Sawcut, Remove and Construct Concrete Curb Ramp

This Bid Item shall include all labor, materi al and equipment required to remove existing concrete curb ramp and/or sidewalk, curb and/or gutter or paving, planting area, base, subgrade and all existing improvements that may affect a new curb ramp, and haul away to provide clear area for construction of new curb ramp. Removal of PCC curb ramp as shown on the construction plans shall confo rm to Subsection 401-3.2 of the Standard Specifications for Public Works Construction. Place concrete curb ramp and a full depth of asphalt concrete pavement at a section e xcavated for placement of a new curb ramp including adjacent sidewalk, curb and gutter, planting area, base, sub-base, and adjacent AC work complete in place for the project. Concrete curb ramp shall conform to the provisions of Section 201-1 of the Standard Specifications for Public Works Construction and shall be placed in accordance with Secti on 303-5 of the Standard Specifications for Public Works Construction.

This item shall also include removal and disposal of unsu itable subgrade soil excavated for the placement of a new curb ramp. All boundaries limits will be approved by the Engineer prior to saw-cutting. The Contractor shall exercise care in removing existing 529

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concrete so as not to damage adjoining areas which are to remain in place and any damage so caused shall be replaced by the Contractor at his own expense.

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, strai ght break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete Curb Ramp is constructed. T he exact location of curb ramp removal shall be approved by the City Engineer in the field. Generally, sawcuts shall be on existing joints or score mark. Existing curb ramps, including adjacent curb and gutter shall be saw- cut and removed to the limits of the existing cu rb ramp or the limits of the new curb ramp whichever is greater.

Contractor shall mark all saw-cut lines and obtain City approval for saw-cutting prior to any saw-cutting, and sawcut and remove the as phalt concrete pavement parallel to the centerline of the roadway fo r the length of curb ramp and gutter section including a minimum Two-feet (2’) of width adjacent to the edge of gutter for forming the curb ramp and gutter.

All necessary sawcutting of existing concrete Curb Ramp or any existing improvements shall be to the lines as required by the Cit y Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

This item shall also include removal and disposal of unsu itable subgrade soil excavated for concrete curb ramp, root pruning and/or tree root removal of the sections adjacent and underneath curb ramp in order to bring new curb ramp to final finish grade. Full compensation for root pruning and tree root removal shall be included in the unit price of curb ramp and no further compensation shall be made.

It is Contractor’s responsibility to protec t all existing adjacent features such as landscaping, irrigation system, property’s fenc e/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 curb ramp shall be construc ted per Standard Plan 111-5 of SPPWC and case and type as shown on the project drawings and per City Engineer’s direction. Concrete shall be Class 520-C-2500 as specified in Section 201-1.1.2 of the Standard Specifications for Public Works Construction. Contractor shall construct four-inch (4”) thick PCC curb ramp over the native soil compacted to a minimum of 95 % relative compaction. This item includes construction of adjacent curb, gut ter and sidewalk for the placement of a new curb ramp in accordance with Sections 303-5 of the Standard Specifications for Public Works Construction and these Specifications.

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Concrete curb ramp shall be constructed to the line, grades and design shown on the plans or as ordered by the City Engineer. Existing surfaces to join shall be sawcut on a neat, straight line at the join lo cation. The Contractor sha ll remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

The new curb ramp to join the existing concrete cross gutter shall be doweled with No. 5 bars of 18-inch in length to existing gutter spandrel on grade. The contractor shall drill holes on the edge of concrete spandrel with 12” spacing on center and install High Strength Epoxy Tie Adhesive bars in the holes.

Truncated, detectable warning surface shall be yellow and 4’ wide and 3’ long minimum.

A sample of material shall be approved by the City Engineer prior to installation. Provision and installation of truncated detectable warning surface is a part of curb ramp construction and no further compensation will be allowed.

The curing of Portland cement concrete pav ement shall conform to the provisions of Section 303-1.10 and 303-5.6 of the Standard Specificatio ns for Public Works Construction. The applicati on of the sealing compound shall be in accordance with the requirements of Section 90-7.01B of the State Standard Specifications.

During construction of curb ramp, conveni ent temporary approaches to crossings or intersecting the street shall be provided and kept in good condition. The temporary access shall not be closed until the replacement curb ramp are usable Removal and backfill of Two-feet (2’) wide strip of AC pavement or concrete gutter spandrel adjacent to the curb ramp for the construction of a new curb ramp is included in this bid item and no additional compensation will be allowed.

Payment for Sawcut, Remove and Construct Concrete Curb Ramp (or portion thereof) shall be at the contract unit price per Each (EA) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, tools, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub-grade compacti on, truncated detectable warning surface, backfilling, compacting, forming, finishing, curing, temporary ramp, restoration and incidentals for doing all the work invo lved complete in place and no additional compensation will be allowed.

Bid Item No. 12 – Suwcut, Remove and Construct Concrete Cross Gutter

This Bid Item shall include all labor, materi al and equipment required to sawcut, remove, haul away and properly dispose of existing c oncrete cross gutter and related adjacent areas needed to construct a cross gutter and construct concrete cross gutter for the project. Removal of concrete cross gutter as shown on the plans and directed by City Engineer in conformance to Subsection 401-3.2 of the Standard Specifications for Public Works Construction. Construction of concrete cross gutter shall conform to the provisions of Section 201-1 of t he Standard Specifications for Public Works Construction and shall be placed in accordance with Section 303-5 of the Standard Specifications for Public 531

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Works Construction. Concrete cross gutter shall be per Standard Plans for Public Works Construction 122-3. Concrete used shall be class 520-C-3250.

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 loosen ing, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete Cross Gutter is constructed. The exact location of cross gutter 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 Cross Gutter 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.

Concrete cross gutter shall be constructed to the line, grades and design shown on the plans, to match existing or as ordered by t he Engineer. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

Payment for concrete cross gu tter shall conform to the prov isions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction. 6” thick compacted Crushed Aggregate Base (CAB) under the cross gutter shall be paid under a separate Bid Item.

Removal and backfill of Two-feet (2’) wid e AC Pavement strip along the edges of cross gutter shall be included in this bid item of work and no additional compensation will be allowed.

Payment for Remove and Construct Concrete Cross Gutter (or portion thereof) shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying wit h the above requirements and s hall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, gr ading, sub-grade compaction, re storation and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Bid Item No. 13 – Sawcut, Remove and Construct Concrete Sidewalk (4” Thick) Bid Item No. 14 – Sawcut, Remove and Construct Concrete Sidewalk (6” Thick)

This Bid Item shall include all labor, materi al and equipment required to sawcut, remove, haul away, properly dispose of existing concrete sidewalk and sub-grade compaction and place concrete sidewalk for the project. Remo val of concrete sidewalk as shown on the Contract Drawings shall conform to Subsec tions 401-3.2 of the St andard Specifications for Public Works Construction. All boundaries limits will be approved by the Engineer prior to saw-cutting. The Contractor shall exercise care in removing existing concrete so as not to damage adjoining areas which are to remain in place and any damage so caused shall be replaced by the Contractor at his own expense. Construction of concrete sidewalk shall conform to the provisions of Section 303-5 of the Standard Specifications for Public Works 532

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Construction, Standard Plans for Public Wor ks Construction and the Contract Drawings made part of these Specificat ions. Concrete shall be Class 520-C-2500 as specified in Section 201-1.1.2 of the Standard Specifications for Public Works Construction. Concrete sidewalk shall be a minimum 4” thick over na tive soil compacted to a minimum of 95 % relative compaction per the Standard Plans for Public Works Construction 112-2 and 113-

2. The sidewalk at the prolongation of driv eway approach shall be a minimum of 6- inch thick over the compacted native soil.

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, strai ght 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 Engi neer in the field. G enerally, sawcuts shall be on existing joints or score mark.

This item shall include removal and dispos al of unsuitable subgrade soil excavated for concrete placement, root pruning and/or tree root removal of the sections adjacent and underneath sidewalk in order to bring new sidewalk to final finish grade. Full compensation for root pruning and tree root removal shall be included in the unit price of sidewalk and no further compensation shall be made.

It is Contractor’s responsibility to protec t all existing adjacent features such as landscaping, irrigation system, property’s fenc e/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per section 400-1. 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. T he Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

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Payment for concrete sidewalk shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction

Payment for Sawcut. Remove and Construct Concrete Sidewalk shall be at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above require ments and shall include furn ishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, grading, sub-grade compaction, backfilling, compaction, forming, pouring, finishing, curing, restorati on and incidentals for doing all t he work involved complete in place and no additional compensation will be allowed.

Bid Item No. 15 – Sawcut, Remove and Construct Concrete Driveway Approach (6”- Thick)

This Bid Item shall include all labor, materi al and equipment required to sawcut, remove, haul away and properly dispose of existing concrete driveway approach, and construction of new concrete driveway approach. Remova l of concrete driveway approach as shown on the plans and directed by City Engineer in conformance to Subsection 401-3.2 of the Standard Specifications for Public Works Construction and the rules outlined herein about endeavoring to maintain operational access of a driveway. Construction of concrete driveway approach shall conf orm to the provisions of Section 201-1 of the Standard Specifications for Public Works Construction and shall be placed in accordance with Section 303-5 of the Standard Specifications for Public Works Construction. Concrete driveway approach shall be 6” thick over the native soil compacted to a minimum of 95 % relative compaction per SPPWC.

All boundaries limits will be approved by the Engineer prior to saw-cutting. The Contractor shall exercise care in removing existing c oncrete so as not to damage adjoining areas which are to remain in place and any damage so caused shall be replaced by the Contractor at his own expense.

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, strai ght break without loosen ing, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete Driveway is constructed. The exact location of driveway approach 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 Driveway Approach 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.

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This item shall include removal and dispos al of unsuitable subgrade soil excavated for concrete placement, root pruning and/or tree root removal of the sections adjacent and underneath driveway approach in or der to bring new driveway approach to final finish grade shall be included in the unit price of this bid item and no further compensation shall be made.

It is Contractor’s responsibility to protec t 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 400-1. All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation.

Convenient access to driveways, houses alo ng the line of the work shall be maintained and temporary access or steel plate to crossings or intersecting the street shall be provided and kept in good condition. When the abutti ng property owner's access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access temporarily in use shall not be closed until the replacement access facilities are usable.

Concrete shall be Class 520-C-2500.

Concrete driveway approach shall be constructed to the line, grades and design shown on the plans or as ordered by t he City Engineer. Existing appr oach to be joined shall be sawcut on a neat, straight line at the join lo cation. The Contract or shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City.

6” thick compacted crushed aggregate base to be placed under Curb & Gutter shall be calculated and paid under Separate Bid.

Per Standard Plan 110-2 for Driveway aprons, Curb and Gutter adjacent to Driveway aprons is included as part of the apron as a square foot quantity. Payment for Two- feet-wide AC Pavement strip along the curb and gutter for forming purposes shall be included in this bid item of work and no additional compensation will be allowed.

Payment for Sawcut, Remove and Construct Concrete Driveway Approach (or portion thereof) shall be at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, gradi ng, sub-grade compaction, forming, pouring finishing, curing, steel plate to provide a temporary access, restoration and incidentals for doing all the work involved complete in place and no additional compensation will be 535

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allowed.

Bid Item No. 16 – Remove Existing Speed Bump and Construct AC Speed Bump

This Bid Item shall include all labor, mate rial and equipment required to remove, haul away, properly dispose of existing speed bump and to construct asphalt concrete Speed Bump for the project. Removal of AC and under lying materials as shown the Contract Drawings shall conform to Subsection 401-2 of the Standard Specific ations for Public Works Construction.

All necessary sawcutting of AC or any under lying existing improvements shall be to the lines as shown on plans or as directed by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made.

Asphalt Concrete Speed Bump shall conform to the provisions of Sections 203-6 and 302- 5 of the Standard Specifications for Public Works Construction. Asphalt concrete for speed bump shall be Type C2-PG 64-10 and per Asphalt Concrete section of this Specification.

Asphalt Concrete Speed Bump shall be constructed at the specified location on the plans and confirmed with the engineer pr ior to placement and shall be same dimensions and height and to the line, grades and design shown on the plans or as ordered by the Engineer. Contractor shall cold mill existing AC Surface to a minimum of 1.5” for correct binding of AC Speed Bump. Tack coat s hall be Grade SS-1H, per Section 302-5.4 and shall be applied to the perimet er of all AC removal and replacement locations and cold milling locations. (All tack coat overspray on gutter lip shall be removed.)

Payment for Remove existing Speed Bump and Construct AC Speed Bump shall be at the contract unit price per Each (EA) and shall be consider ed full compensation for complying with the above require ments. Furnishing of l abor, materials, equipment, sawcutting, removal, excavation, hauling, pr operly disposing, protection of facilities, grading, sub-grade compaction, restoration and incidentals for doing all the work involved complete in place per detail shown on the plans and satisfactory and no additional compensation will be allowed.

Lynwood City CouncilAugust 15, 2023

Lynwood City Council
August 15, 2023