ESTIMATE
Prepared For
City of Lynwood
3161 E Imperial Hwy, Fire Station 147
Lynwood, CA 90262
(310) 603-0220
Dreamwork Engineering and Construction Inc
224 S. Dickerson Ave.
Los Angeles , California 90063
Phone: (323) 453-3256
Email: [email protected]
Web: dreamworkcd.com
Estimate # 3823
Date 08/23/2023
Business / Tax # 1103582
Description Total
Wrought Iron Gate $11,380.00
- Remove existing rolling gate and haul away debris
- Provide a new 18.5' wide x 7' high rolling gate with new track, including posts, caps, upper rail, track brackets, roller gate wheel carrier, metal track rollers for rail, and proper guideposts. - Connect to existing motorized opener
Concrete Floor $69,960.00
- Saw cut, break away, and haul away 2,500 square feet of existing concrete slab at apparatus bay
- Install concrete base, vapor barrier, sand base, with #4 rebar @18" on-center in both directions - Provide 18" dowels @24" on-center to all concrete cold joints with slip fitting to allow for horizontal movement
- Pour 4,000 PSI, 8" concrete slab (per addendum sent) with expansion joints at cold joints (broom finish)
- Create contraction joints to minimize concrete cracking - Apply concrete joint sealant at cold joints
- Apply foam wrap to all pipe penetrations to allow for movement Cleanup $3,500.00
- Maintain daily cleaning and keep work areas free of debris at the end of each work day - At end of the job, provide a thorough cleaning of all areas worked on, apply a power spray cleaning to adjacent areas where concrete is poured
135
Subtotal $84,840.00
Total $84,840.00
136
By signing this document, the customer agrees to the services and conditions outlined in this document.
City of Lynwood
137
138
1 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO DREAMWORK ENGINEERING AND
CONSTRUCTION INC. IN THE AMOUNT OF $84,840.00 FOR THE
REPLACEMENT OF THE APPARATUS BAY CONCRETE FLOOR AND
GATE AT LOS ANGELES COUNTY FIRE DEPARTMENT FIRE STATION 147; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT
AMENDMENTS RELATED TO THE PROJECT, AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT.”
WHEREAS, the City conducted an informal bidding process for improvements at Fire Station 147. Five contractors were invited to visit Fire Station 147. The scope of work for the fire station was discussed and proposals were requested from the two contractors that attended; and
WHEREAS, the work to be performed consists of furnishing all labor, material, equipment, services, and incidentals required for the replacement of apparatus bay concrete floor and gate at Fire Station 147; and
WHEREAS, On August 28, 2022, the City received two proposals for the replacement of the apparatus bay concrete floor and gate work at Los Angeles County Fire Station 147. Dreamwork Engineering and Construction, Inc. was the lowest bid at $84,840.00; and
WHEREAS, the City has selected Dreamwork Engineering and Construction, Inc. as the lowest responsible bidder; and
WHEREAS, the total project cost including contingency, inspection, project management, labor compliance and other costs will be $123,000; and WHEREAS, the cost of the project is less than the budgeted amount, additional appropriation is not needed to move forward with this Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this resolution as substantive findings.
Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and Dreamwork Engineering and Construction Inc. for Fire Station 147 (“Project”) in the amount of $84,840.
Section 3. The City Council of the City of Lynwood authorizes the City Manager 139
2 under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget.
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. This resolution shall take effect immediately upon its adoption.
Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
140
3 PASSED, APPROVED and ADOPTED this 19th day of September 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
Julian Lee
Director of Public Works
141
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 19th day of September 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 19th day of September 2023.
Maria Quinonez, City Clerk
142
City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)
City of Lynwood Purchase Order Terms and Conditions
1. Purchase of Services. The City of Lynwood (the “City”) has determined that it requires replacement of apparatus bay concrete floor and gate for Los Angeles Fire
Department Fire Station 147 from Dreamwork Engineering
and Construction Inc. (the “Vendor”) and Vendor
represents that it is fully qualified to perform the service described in Section 2 – Scope of Services by virtue of its experience and the training, education, and expertise of its principals and employees. The execution of this
Agreement by the City of Lynwood (“City”): (a) constitutes acceptance of the Vendor’s offer on the terms and
conditions stated in the Purchase Order, these Terms and Conditions, and all other accompanying documents or
attachments referenced and incorporated in this document (the “Agreement”), and (b) forms a contract between the undersigned vendor (the “Vendor”) . Vendor agrees that the only terms and conditions that are applicable to this Agreement are those issued by the City and no other terms and conditions shall be binding upon the Parties. Any
additional or different terms or conditions offered by the Vendor are hereby rejected. If a court of competent
jurisdiction holds any part of tthis Agreement invalid, the balance shall retain its full force and effect. This
Agreement, these Terms and Conditions and any
additional documents, exhibits or attachments
incorporated by reference set forth the entire agreement between Vendor and City.
2. Scope of Services . The Vendor shall complete the
work as approved by the Director of Public Works of the City of Lynwood (Director) as more particularly described in the scope of services and compensation attached hereto as Attachment A (“Scope of Services”). Compensation
set forth in the Scope of Services includes all labor,
materials, out -of-pocket costs, taxes, and incidental
expenses reasonably incurred by Vendor that ar e
reasonably associated with the provision of the services described in the Scope of Services.
3. Compensation; Not-to-Exceed Amount. This
Agreement shall not exceed the payment of $84,840.00 for the services described in the Scope of Service. Any
payments exceeding the not-to-exceed amount may not be
paid unless approved by the Director in writing or the by the City Council, if the amount exceeds $50,000.
4. Term of Agreement . This Agreement shall become
effective when signed by both parties (the “Effective Date”) and will terminate on the earlier of: (a) the date Vendor completes the services required under this Agreement, or (b) Twelve (12) months after the Effective Date. The City may at its sole discretion extend the term of this Agreement in writing for an additional three (3) months.
5. Acknowledgment. Vendor acknowledges that it has
received all applicable plans, specifications, descriptions, drawings, data, and all additional documents, exhibits or attachments to which reference is made in this Agreement and in all other accompanying documents or attachments
referenced therein. Vendor further acknowledges that the plans, specifications, descriptions, drawings, data, and other documents are adequate to enable Vendor to
determine fairly its ability to procur e the items ordered, and/or to perform the work or services specified, in this Agreement, at the price and in accordance with the
specified delivery date(s) and/or performance schedule(s) set forth therein. Vendor represents and warrants that it now has, o r it can readily procure without the City's
assistance, all the items, facilities, and/or labor necessary for performing this Agreement.
6. Assignment. Vendor shall not delegate or subcontract any of the duties or obligations or assign any rights or claims under the this Agreement without City’s prior written consent.
7. Backorders & Product Substitution. To the extent that a specific product or products is required to be supplied under the Scope of Services, Vendor shall not backorder any item without fi rst requesting authorization from the City, nor make any product substitution without prior
written authorization from the the City.
8. Changes to Scope of Services . It is mutually
understood and agreed that no changes, alteration, or
variation to the Scope of Services shall be valid unless made in writing and signed by the City, and that no oral understandings or agreements not incorporated therein,
and no changes, alterations, or variations of the terms thereof unless made in writing between the parti es, shall be binding. The City shall not compensate Vendor for
work, services, and /or costs and materials not authorized by in writing by the City . The City shall have the right to revoke, amend, or modify the foregoing Agreement at any time by issuance o f a written Change Order. Vendor’s
failure to respond within ten (10) days to a written Change Order shall constitute Vendor’s acceptance of the change without price or other adjustment.
9. Compliance with Laws. The provision of services
under this Agreement shall comply with all current federal, state, and local laws and regulations relative thereto, including but not limited by those set forth by the California Occupational Safety and Health Act (Cal -OSHA). Vendor
further agrees to indemnify, defend and hold the City
harmless for any failure to so conform. If applicable, in connection with the specified services under this
Agreement, Vendor shall comply with the Occupational
Safety and Health Act’s hazardous communications
standard and PROVIDE COPIES OF APPLICABLE
MATERIAL SAFETY DATA SHEETS (MSDS) AT THE
TIME OF DELIVERY OF SERVICES OR GOODS.
10. Conflict of Interest. Vendor represents and warrants that no officer or employee of Vendor is currently a council member, officer, or employ ee of the City, or a member of its boards, commissions, or committees, except to the
extent permitted by law. Vendor further represents and
warrants that no council member, officer, or employee of City has, or shall have, any direct or indirect financial interest in this Agreement.
11. Default by Vendor/Breach of Contract. The City
reserves the right to terminate this Agreement at any time, any or all items not delivered as directed and within the time specified under this Agreement. In case of default by Vendor, the City may procure services from any source
available and may charge the difference between the price named in the Scope of Services and the actual cost thereof to the Vendor. Prices paid by the City shall be considered 143
City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)
City of Lynwood Purchase Order Terms and Conditions
the prevailing market price at the time such purchase is made.
12. Delivery/Performance - Time is of the Essence.
Time is of the essence in this Agreement and failure to deliver services specified under this Agreement shall be a material breach of this Agreement. If Vendor cannot deliver goods and or render services within the time specified on the Scope of Services, Vendor shall promptly notify City of the earliest possible date for delivery/performance.
Notwithstanding such notice, City may terminate this
Agreement or any part thereof without liability except for services previously rendered and/or goods previously
delivered and accepted. City’s receipt or acceptance of all or part of a nonconforming delivery shall not constitute a waiver of any claim, righ t or remedy City has under this contract or applicable law.
13. Force Majeure. “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, hurric ane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional em ergency; (g) strikes, labor stoppages or
slowdowns or other industrial disturbances, other than
those involving the affected parties employees; (h)
shortage of adequate power or transportation
facilities. Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party
performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which
gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
14. Hold Harmless. Vendor shall indemnify, defend, and
hold harmless the City, and its officers, officials,
employees and agents, from and against any and all
claims asserted, liability, loss damage, expense, costs, including without limitation costs and fees of litigation, of every nature arising out of, directly or indirectly, or in connection with the foregoing Agreement or the acts or
omissions of Vendor, Vendor’s subcontractors,
employees, representatives, agents and invitees including, but not limited to, performance of the work hereunder or failure to comply with any of the obligations contained herein, except such loss or damage which was caused by
the established active negligence of City or the established sole negligence or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold harmless provisions shall be in full f orce and effect regardless of whether or not there shall be insurance
policies covering and applicable to such liability, loss, damage, expense or cost. The Vendor further specifically agrees that he shall indemnify and hold City free of any liability for any accident, loss or damage to the goods and/or work that is the subject of Agreement prior to its completion and acceptance by the City.
15. Law and Venue. This Agreementhas been negotiated
and executed in the state of California and shall be
governed by and construed under the laws of the state of California and and consents that venue of any action
brought hereunder shall be exclusively in the County of Los Angeles.
16. Patent/Copyright Indemnity. If any goods sold or
delivered to City by Vendor are protected by a patent or copyright, Vendor agrees to indemnify and hold harmless the City of Lynwood, its officers, agents, servants, and employees from and against any and all suits, claims,
judgments and costs instituted or recovered against it on account of the use or sale of such goods by City in violation of rights under such patent or copyright.
17. Payment Terms. Unless provided otherwise under the
Scope of Services in which case the terms of the Scope of Services shall prevail, Payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance of services, whichever occurs last. If City is entitled to a cash discount, the period of computation shall commence on the da te of receipt of invoice or acceptance of goods and/or services by City, whichever is later.
18. Permits, Licenses, and Other Requirements. During
the term of the Agreement, Vendor and its subcontractors (if authorized by the City) shall: (a) comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement by federal, state, county, City and other governmental or regulatory bodies r; and (b) comply with all applicable federal, state and local laws, rules, regulations, and orders.
19. Proprietary Information. Upon completion or
cancellation of the Agreement, Vendor shall return all
designs, drawings, and blueprints (City Materials) that are furnished by the City for Vendor’s performance under this Agreement, if applicable. City Materials shall not be used by the Vendor in the production of materials for any third party without express written consent of the City. City Materials involve valuable property rights of City and shall be held confidential by Vendor. Vendor shall keep
confidential and not disclose or use in any way confidential business or technical information that the City may
disclose in conjunction with this Agreement or the Vendor may learn as a result of entering City property to deliver items or services or to perform work hereunder.
20. Severability. If any provision of this Agreement, and/or these Terms and Conditions, and/or any other
accompanying documents, and/or attachments referenced
in this Agreement is declared by a court to be illegal or in 144
City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)
City of Lynwood Purchase Order Terms and Conditions
conflict with any law, the validity of the remaining terms and conditions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the foregoing Purchase Order , and/or these Terms and Conditions, and/or any other accompanying
documents, and/or attachments referenced in this
Agreement did not contain the particular provision held to be invalid.
21. Taxes. Vendor must separately state on all invoices any taxes imposed by the local, state, or federal
governments applicable to furnishing the Services;
provided, however where a tax exemption is available, the tax must be subtracted from the total compensation
amount and identified. Unless otherwise stated in this Agreement, the compensation amount shall be considered
to include state and city sales or use taxes.
22. Termination for Default. In addition to any other
remedies or rights it may have by law, the City may
terminate this Agreement with or without cause upon
seven (7) calendar days written notice to Vendor. The
effective date of termination shall be upon the date
specified in the notice of termination. Vendor agrees that in the event of such termination, City’s obligation to pay Vendor 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, Vendor shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in acco rdance with written instruction of City.
23. No Waiver. Failure of City to enforce any provision of this Agreement , and/or these Terms and Conditions,
and/or any other accompanying documents, and/or
attachments referenced in herein shall not constitute a waiver or relinquishment by City of the right to such
performance in the futurenor of the right to enforce any other provision of this Agreement.
24. Warranties. Vendor warrants that the services
performed shall conform to the spec ifications, drawings, samples or other description specified by the City and that the services were performed in a diligent, professional and workmanlike manner in accordance with industry
standards. When defective or faulty workmanship is
discovered, Vendor shall provide all labor, materials, parts and equipment to correct such defect or make such
replacement at no expense to the City. These warranties shall not be deemed to exclude Vendor’s standard
warranties or other rights or warranties that City may have or obtain.
25. ADDITIONAL TERMS AND CONDITIONS
APPLICABLE WHEN THE VENDOR IS TO PERFORM
SERVICES/WORK ON CITY-OWNED PREMISES
A. Liens . If, during the work, the Vendor allows any
indebtedness or lien to accrue for labor, equipment, or materials, which may become a claim against the City, the Vendor shall immediately pay such claim or indebtedness or cause such lien to be dissolved and di scharged by
giving a bond and, in case of failure to do so, the City may withhold any money due to Vendor until such claim,
indebtedness or lien is paid or may apply such money
toward the discharge thereof; or the City may, at its option, terminate this Agreement, take possession and control of the work, and complete the same or cause the same to be completed. Vendor shall pay to City the difference between the Agreement price and the actual cost to the City in
completing or causing the work to be completed.
B. Work Performed at Vendor’s Risk. The Vendor shall
perform the work at Vendor’s own risk until the same is fully completed and accepted and shall, in case of any
accident, destruction or injury to the work or items before final completion and acceptanc e, repair or replace the work or items so injured, damaged or destroyed, at
Vendor’s own expense and to the satisfaction of the City.
When others furnish items for installation or erection by the Vendor, the Vendor shall receive, unload, store, and
handle same at site and become responsible therefore, as though such items were being furnished by the Vendor
under this Agreement.
C. Insurance . Vendor shall obtain and maintain at its expense, until completion of performance under this
Agreement and acceptance by City, the following
insurance issued by an admitted insurer authorized to
operate in California:
1. COMMERCIAL GENERAL LIABILITY naming
City, its officials, employees and agents as additional insured’s for injury to or death of persons or damage
to or loss of property arising from or connected to
Vendor's performance hereunder: $2 ,000,000
combined single limit for each occurrence or
$4,000,000 general aggregate.
2. AUTOMOBILE LIABILITY: $1,000,000 combined
single limit per accident for bodily injury and property damage covering owned, non -owned and hired
vehicles.
3. WORKER'S COMPENSATION and EMPLOYER’S
LIABILITY: As required by the State of California.
Each policy must be endorsed to state that coverage
shall not be cancelled by either party or reduced in
coverage except after 30 days prior written notice to
City. Vendor shall furnish to City, before performance
of the work, Certificates of Insurance and original
endorsements with the original signature of one
authorized by the insurer to bind coverage on its
behalf. This insurance shall not be deemed to limit
Vendor's liability hereunder. If authorized by the City, Vendor shall require that its subcontractors comply
with this Section. City reserves the right to require
complete certified copies of policies. If Vendor fails to furnish said insurance, City may terminate the
Agreement.
D. Specifications. Vendor shall comply with the
specifications stated in, incorporated by reference in, or attached to this Agreement.
E. Prevailing Wages. If applicable, pursuant to
provisions of Section 1770, et seq. of the California Labor Code, for all public works contracts, Vendor shall pay its employees the general prevailing rate of wages as
determined by the Director of the Department of Industrial Relations. In add ition, Vendor shall be responsible for 145
City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)
City of Lynwood Purchase Order Terms and Conditions
compliance with the requirements of Section 1777.5 of the California Labor Code relating to apprentices on public works contracts. A copy of the prevailing wages to be paid by Vendor is on file with the City Clerk.
F. No Subcontractors. Vendor shall perform the work with its own employees under its immediate supervision.
Unless approved by City in advance in writing, Vendor
shall not subcontract any portion of the work.
G. Independent Contractor. Vendor shall be cons idered
an independent contractor and not an agent or an
employee of the City. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Vendor or any of Vendor’s
employees, except as set forth in this Agreement. Vendor shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. The
Vendor does not qualify for workers’ compensation or
other fringe benefits of any kind. The Vendor is responsible for paying all required state and federal taxes.
H. Non -Discrimination. The Vendor and its agents,
employees or subcontractor(s) shall not d iscriminate
against any person in the performance of this Agreement on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, handicap, or disabled, and shall comply with applicable federal and
state equal employment opportunity laws, ordinances,
rules, and regulations.
26. SB 854 (If applicable). Public works reforms (SB 854) were signed into law on June 20, 2014. The reforms made several significant changes to the administration and
enforcement of prevailing wage requirements by the
Department of Industrial Relations (DIR). Among other
things, SB 854 established a public works contractor
registration program to replace prior Compliance
Monitoring Unit (CMU) and Labor Compliance Program
(LCP) requirements for bond -funded and other specified public works projects.
SB 854 (Stat. 2014, chapter 28) made several changes to the laws governing how the Department of Industrial
Relations (DIR) monitors compliance with prevailing wage requirements on public works projects. These new
requirements apply to all public works that are subj ect to the prevailing wage requirements of the Labor Code,
without regard to funding source. The City may only award public works projects to contractors and subcontractors that comply with the new Public Works Contractor
Registration Law (SB 854). Contractors doing public
works must register with DIR and meet the requirements
before bidding on public works contracts in California. • No contractor or subcontractor may be listed on a
bid proposal for a public works project (submitted
on or after March 1, 2015) unless registered with
the Department of Industrial Relations pursuant
to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes
only under Labor Code section 1771.1(a)].
• 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.
• This project is subject to compliance monitoring
and enforcement by the Department of Industrial
Relations.
27. Signatures of Parties. Vendor and City hereby agree to the terms and conditions set forth herein. This
Agreement shall be of no force and effect unless it has been signed by the City's Purchasing Officer or his/her authorized designee (totaling less than $2 5,000.00) or by the Mayor ( totaling in excess of $ 25,000.00). Exception:
If the foregoing Agreement is for services being
provided on a Public Project, the City Manager may
sign any Purchase Order or agreement totaling
$200,000 or less (Resolution No. 2020.016).
By:
__________________________ __________
Oscar Flores, City Mayor Date
Approved as to Form:
__________________________
Noel Tapia, City Attorney
Attest:
__________________________
Maria Quinones, City Clerk
Vendor:
Dreamwork Engineering and Construction Inc.
Legal Name of Vendor
By:
_______________________________________
Title:___________________________________
Date: ____________________________________
146
AGENDA STAFF REPORT
DATE:
September 19, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Gabriel Linares, Community Development Director
SUBJECT:
Adopt Interim Urgency Ordinance No. XXXX establishing a 45-day Moratorium on the Establishment, Expansion, or Modification of Warehouses, Distribution Plants, Truck Storage Facilities and Related Uses within the City of Lynwood
Agenda Item # 10.1.
Recommendation:
Staff recommends that the City Council review and adopt the attached ordinance entitled: “AN ORDINANCE ESTABLISHING A 45-DAY MORATORIUM ON THE ESTABLISHMENT,
EXPANSION, OR MODIFICATION OF WAREHOUSES, DISTRIBUTION PLANTS, TRUCK
STORAGE FACILITIES AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF LYNWOOD”.
Background:
The City of Lynwood is currently in the process of completing its Housing Element update, with future plans of updating its General Plan and Municipal Code, concurrently. The General Plan is a long-term planning document which informs the general public and other stakeholders that is intended to establish a framework and vision for future development within the City. One key component of the General Plan is the Housing Element (HE), which is one of the seven (7) required elements. The Housing Element identifies and analyzes the current and future housing needs of residents within the City and establishes goals, policies, and programs to meet Lynwood’s future housing needs.
City Council City Council Regular Meeting 147
Based on a methodology established by the Southern California Association of Governments (SCAG), the City has been allocated a Regional Housing Needs Assessment (RHNA) of 1,558 additional net new units for the 6th Cycle planning period beginning October 2021 through October 2029. In an effort to accommodate its fair share, the City has identified candidate housing sites which could potentially accommodate additional housing in the future as well as conserve the existing housing stock in accordance with State law.
The HE is being updated to be developed in conjunction with the City’s overall General Plan update. This allows the opportunity to develop a coordinated vision in connection with the City’s planning efforts, where housing is in complete sync with the transportation, economic, environmental, health, safety, policies and programs. The City is focused on identifying areas within the City to take steps to enhance critical economic nodes where new housing could be established, which includes planning for the future mixed-use developments along Long Beach Boulevard and near the 105 Freeway, as well as a possible designated downtown corridor located along Atlantic Boulevard. This provides the City a unique opportunity to attract new investment in areas where transit-oriented housing development would be encouraged through updated goals and policies, standards, and processes allowing greater residential densities, including affordable housing opportunities, as well as other mixed-use projects throughout the City.
The City is concerned with a potential increase in commercial-manufacturing/industrial uses within the City and particularly the development and/or expansion of warehouse, distribution plants and/or trucking storage facilities Citywide. Sensitive uses such as schools, residential uses, and retail businesses adjacent to commercial-manufacturing/industrial uses have the potential to result in, among other things, adverse environmental effects associated with warehouse, logistics, heavy trucking, and/or distribution facilities, including but not limited to the compatibility with adjacent uses, increased truck traffic and noise, damage to local streets, loss of potential economic revenue, and deteriorating air quality.
The placement of these distribution centers, and logistics facilities, including related uses (“Warehouses”) and truck storage facilities within the City are a current and immediate threat to public health, safety, and welfare as well as a deterrence for future residential development in areas throughout the City. As a result, the City requires time to study the potential adverse impacts associated with warehouse uses and truck storage facilities in an effort to develop a comprehensive approach that will address the need for housing as well as the compatibility with the aforementioned uses for a consistent standard of goals and policies to address any adverse impacts.
To prevent any current and immediate harm to public safety, health, and welfare from these impacts during the City's study of any potential adverse effects, Staff recommends that the City Council consider adopting a 45-day, interim urgency ordinance (Urgency Ordinance") placing a moratorium on the establishment, expansion, or modification of Warehouse and Truck Uses citywide ("Moratorium"). Pursuant to Government Code sections 65858, the City City Council City Council Regular Meeting 148
Council may adopt, as an urgency measure, which takes effect immediately upon introduction, an interim ordinance prohibiting any uses, facilities, or improvements that may conflict with a study within a reasonable time. Before the end of the 45-day period, the City may extend the moratorium for an additional 10 months and 15 days after notice and public hearing. The City may extend for another 12-month period for a total of 2 years. The City is not required to use the whole 2 years, but can adopt new regulations any time during that moratorium period.
Discussion and Analysis:
The City recognizes that commercial-manufacturing/industrial uses are an important part of the City’s, State, and National economy and provide both positive and negative impacts on the community. However, more recently, such uses, and in particular warehouses and trucking storage facilities, have been in high demand due to the growing economy and decrease in vacant, developable land. In addition, the supply and distribution of imported goods arriving from the ports has increased demand for warehouse uses and truck storage facilities.
For purposes of the proposed Urgency Ordinance, the term "Warehouse and Trucking Uses" shall include warehouses, distribution centers, distribution plants, trucking storage facilities and shall include any related use for the conduct, business, or management of warehousing, storing, freight forwarding, handling, parking, carrier leasing, keeping inventory, distribution activities and/or transporting of any shipping containers and/or trailers.
The term “Warehouses” includes any use for the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure.
The term “Trucking Storage Facilities” includes any use for the conduct, business or management of storing, placing, temporary parking, carrier leasing, and/or transporting of any shipping containers and/or trailers. The City’s Zoning Code, codified in Chapter 25 of the Lynwood Municipal Code (“LMC”), is dated and does not give the City adequate tools or assurances to address the issues created by warehouses and/or trucking terminal facilities.
The continued approval of Warehouse and Trucking uses may also be in conflict with the City's current General Plan's Circulation, Noise and Air Quality Policies and Implementation Measures as required by Government Coe Section 65858. Circulation Plan Policy Cir-1.3 desires to "preserve the quality of residential neighborhoods by ... discouraging the flow of truck traffic and through traffic in these areas "including Implementation Measure 7.0 requiring that new developments be adequately served by road of adequate design standards and capacity to provide reasonable access by car, truck, transit, or bicycle, and implementation measure 14.0 establish and enforce weight restrictions where necessary on routes traversing through residential neighborhoods. Noise Plan Policy NoI-1.1 aims to prohibit the development City Council City Council Regular Meeting 149
of new commercial, industrial, or other noise-generating land uses adjacent to existing residential uses and sensitive noise receptors exceeding 65 dBA. Air quality Plan Policy AQ-
1.1 looks to ensure that air quality mitigation measures are incorporated into residential, commercial and industrial projects, including Implementation Measure 2.0 to use low emission vehicles and reschedule truck deliveries to off peak hours.
Traffic and Safety Issues
Due to the nature of warehouse uses and trucking terminal facilities, they tend to generate significant truck traffic and can occur on a 24-hour basis, depending on the needs of the business. Truck traffic can cause street congestion, detrimental to air quality, noise, vibration, and disruption to the peace and quiet that is necessary for the enjoyment of residential neighborhoods and efficacy of educational uses.
The California Department of Justice released a 2022 update to the advisory entitled "Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act" (Advisory"). The Advisory discussed the potential negative impacts of these facilities to traffic and the associated impacts to air quality, noise, and the health and safety of nearby residents and citizens, and specifically notes that:
Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities" (sec V, pg. 7).
The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. (sec VI, pg. 10)
Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. collisions with heavy-duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians. (sec. VII, pg. 11).
In addition, the United States Environmental Protection Agency released a 2014 Frequently Asked Question document (EPA-420-F-14-044) discussing the increase in health problems associated with people who live, work, or attend school near major roads. It states that "health effects that have been associated with proximity to roads include asthma onset and aggravation, cardiovascular disease, reduced lung function, impaired lung development in children, pre-term and low-birthweight infants, childhood leukemia, and premature death.
Other than air pollution, road noise may also play a role in the health problems associated with roadway exposure".
Staff recommends that the City study and develop policy guidance to ensure there is logical relationship between the placement of Warehouse and Truck Uses to ensure available and appropriate truck routes to avoid the deleterious effects of routing trucks past sensitive uses, and find that the Moratorium is necessary to prevent the following current and immediate threats to the public health, safety, and welfare of its citizens:
Increased safety risk for smaller vehicles, pedestrians, and bicyclists; City Council City Council Regular Meeting 150
Damage to City streets, streetlights, traffic signal equipment, signs, trees, curbs, medians, etc.;
Traffic congestion and reduced levels of service on streets and at intersections; Truck noise and vibrations when travelling on the roadways next to sensitive uses such as; residential areas and educational uses; and
Moratorium
As discussed above, the lack of policy guidance related to the establishment, expansion, and modification of Warehouse and Truck Uses poses an immediate threat to the public health, safety, and welfare. To avoid any further aforementioned adverse impacts, staff recommends that the City Council consider adopting the Urgency Ordinance included herein as Attachment A, placing a moratorium on the approval of any applications for the establishment, expansion, or modification of Warehouse and Truck Uses that are located throughout the City for any applications which have not been deemed complete as of September 12, 2023. The Moratorium would allow for a measured approach to study and develop appropriate policies, impact fees and development standards to address warehouses and trucking terminals.
For example, City staff will undertake the following steps during the Moratorium:
Determine the environmental and health impacts on the community from warehouses and truck-related uses to determine the mitigation measures necessary to better protect the community from these impacts such as locational siting criteria, distance separation criteria, sound walls, alternative pavement materials to reduce noise, and programs related to improving community’s health;
Examine compatibility issues between sensitive and warehouse uses to better address buffering between uses, permitted uses, hours of operations, truck routes and transitioning some industrial areas to alternative land uses;
Initiate an effort to identify legal, non-conforming, no longer legal non-conforming (amortization period has expired), and illegally operating warehouses and trucking terminals;
Examine whether the designated truck routes can be modified to both provide the most efficient truck routes and ensure the best protection of the residential areas and educational uses; and
City Council City Council Regular Meeting 151
CA DOJ warehouse-best-practices 2022 update.pdf
EPA 2014 Roadway Air Pollution FAQ.pdf
Urgency Ordinance_-_Truck_Terminals_and_Related_Uses_Moratorium.docx
Develop recommendations for Truck Terminal Facilities (i.e. parking, storing, and citywide truck routes)
Fiscal Impact:
No Fiscal Impact to any City funds.
Coordinated With:
City Attorney's Office
ATTACHMENTS:
Description
City Council City Council Regular Meeting 152
l
ROB BONTA State of California
Attorney General DEPARTMENT OF JUSTICE
Warehouse Projects: Best Practices and
Mitigation Measures to Comply with the
California Environmental Quality Act
153
Table of Contents
I. Background .......................................................................................................................... 1 II. Proactive Planning: General Plans, Local Ordinances, and Good Neighbor Policies ......... 3 III. Community Engagement ..................................................................................................... 4 IV. Warehouse Siting and Design Considerations ..................................................................... 5 V. Air Quality and Greenhouse Gas Emissions Analysis and Mitigation ................................ 7 VI. Noise Impacts Analysis and Mitigation ............................................................................. 10 VII. Traffic Impacts Analysis and Mitigation ........................................................................... 11 VIII. Other Significant Environmental Impacts Analysis and Mitigation .................................. 12 IX. Conclusion ......................................................................................................................... 13
154
Updated September 2022
1 In carrying out its duty to enforce laws across California, the California Attorney General’s Bureau of Environmental Justice (Bureau)1 regularly reviews proposed warehouse projects for compliance with the California Environmental Quality Act (CEQA) and other laws.
When necessary, the Bureau submits comment letters to lead agencies regarding warehouse projects, and in rare cases the Bureau has filed litigation to enforce CEQA.2 This document builds upon the Bureau’s work on warehouse projects, collecting information gained from the Bureau’s review of hundreds of warehouse projects across the state.3 It is meant to help lead agencies pursue CEQA compliance and promote environmentally-just development as they confront warehouse project proposals.
4 While CEQA analysis is necessarily project-specific, this document provides information on feasible best practices and mitigation measures, nearly all of which have been adapted from actual warehouse projects in California.
I. Background
In recent years, the proliferation of e-commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development.5 California, with its ports, population centers, and transportation network, has found itself at the center of this trend.
In 2020, the Ports of Los Angeles, Long Beach, and Oakland collectively accounted for over 34% of all United States international container trade. 6 The Ports of Los Angeles and Long
Beach alone generate about 35,000 container truck trips every day.7 Accordingly, the South Coast Air Basin now contains approximately 3,000 warehouses of over 100,000 square feet each, with a total warehouse capacity of approximately 700 million square feet, an increase of 20 percent over the last five years.8 This trend has only accelerated, with e-commerce growing to
1 https://oag.ca.gov/environment/justice.
2 https://oag.ca.gov/environment/ceqa; People of the State of California v. City of Fontana (Super. Ct. San Bernardino County, No. CIVSB2121829); South Central Neighbors United et al. v. City of Fresno et al. (Super. Ct. Fresno County, No. 18CECG00690). 3 This September 2022 version revises and replaces the prior March 2021 version of this document.
4 Anyone reviewing this document to determine CEQA compliance responsibilities should consult their own attorney for legal advice.
5 As used in this document, “warehouse” or “logistics facility” is defined as a facility consisting of one or more buildings that stores cargo, goods, or products on a short- or long-term basis for later distribution to businesses and/or retail customers. 6 Data from the Bureau of Transportation Statistics, Container TEUs (Twenty-foot Equivalent Units) (2020), https://data.bts.gov/stories/s/Container-TEU/x3fb-aeda/ (Ports of Los Angeles, Long Beach, and Oakland combined for 14.157 million TEUs, 34% of 41.24 million TEUs total nationwide) (last accessed September 18, 2022).
7 U.S. Dept. of Transportation, Federal Highway Administration, FHWA Operations Support – Port Peak Pricing Program Evaluation (2020), available at https://ops.fhwa.dot.gov/publications/fhwahop09014/sect2.htm (last accessed September 18, 2022).
8 South Coast Air Qual. Mgmt. Dist., Final Socioeconomic Assessment for Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program and Proposed Rule 316 – Fees for Rule 2305, at 7-8, 41 (May 2021). 155
Updated September 2022
2 13% of all retail sales and 2021 being a second consecutive record year for new warehouse space leased.9 The latest data and forecasts predict that the next wave of warehouse development will be in the Central Valley.10
When done properly, these activities can contribute to the economy and consumer welfare. However, imprudent warehouse development can harm local communities and the environment. Among other pollutants, diesel trucks visiting warehouses emit nitrogen oxide (NO
x)—a primary precursor to smog formation and a significant factor in the development of respiratory problems like asthma, bronchitis, and lung irritation—and diesel particulate matter (a subset of fine particular matter that is smaller than 2.5 micrometers)—a contributor to cancer, heart disease, respiratory illnesses, and premature death. 11 Trucks and on-site loading activities
can also be loud, bringing disruptive noise levels during 24/7 operation that can cause hearing damage after prolonged exposure.
12 The hundreds, and sometimes thousands, of daily truck and passenger car trips that warehouses generate contribute to traffic jams, deterioration of road surfaces, and traffic accidents.
These environmental impacts also tend to be concentrated in neighborhoods already suffering from disproportionate health impacts and systemic vulnerability. For example, a comprehensive study by the South Coast Air Quality Management District found that communities located near large warehouses scored far higher on California’s environmental justice screening tool, which measures overall pollution and demographic vulnerability. 13 That
9 U.S. Census Bureau News, Quarterly Retail E-Commerce Sales 4th Quarter 2021 (February 22, 2022), https://www.census.gov/retail/mrts/www/data/pdf/ec_current.pdf (last accessed September 18, 2022); CBRE Research, 2022 North America Industrial Big Box Report: Review and Outlook, at 2-3 (March 2022), available at https://www.cbre.com/insights/reports/2022- north-america-industrial-big-box#download-report (last accessed September 18, 2022). 10 CBRE Research, supra note 9, at 4, 36; New York Times, Warehouses Are Headed to the Central Valley, Too (Jul. 22, 2020), available at
https://www.nytimes.com/2020/07/22/us/coronavirus-ca-warehouse-workers.html. 11 California Air Resources Board, Nitrogen Dioxide & Health, https://ww2.arb.ca.gov/resources/nitrogen-dioxide-and-health (last accessed September 18, 2022) (NOx); California Air Resources Board, Summary: Diesel Particular Matter Health Impacts, https://ww2.arb.ca.gov/resources/summary-d
iesel-particulate-matter-health-impacts
(last accessed September 18, 2022); Office of Environmental Health Hazard Assessment and American Lung Association of California, Health Effects of Diesel Exhaust, https://oehha.ca.gov/media/downloads/calenviroscreen/indicators/diesel4-
02.pdf (last accessed
September 18, 2022) (DPM).
12 Noise Sources and Their Effects,
https://www.chem.purdue.edu/chemsafety/Training/PPETrain/dblevels.htm (last accessed September 18, 2022) (a diesel truck moving 40 miles per hour, 50 feet away, produces 84 decibels of sound).
13 South Coast Air Quality Management District, “Final Socioeconomic Assessment for Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program and Proposed Rule 316 – Fees for Rule 2305” (May 2021), at 4-5.
156
Updated September 2022
3 study concluded that, compared to the South Coast Air Basin averages, communities in the South Coast Air Basin near large warehouses had a substantially higher proportion of people of color; were exposed to more diesel particulate matter; had higher rates of asthma, cardiovascular disease, and low birth weights; and had higher poverty and unemployment rates.14 Each area has its own unique history, but many of these impacts and vulnerabilities reflect historic redlining practices in these communities, which devalued land and concentrated poverty, racial outgroups, and pollution into designated areas.15
II. Proactive Planning: General Plans, Local Ordinances, and Good Neighbor Policies To systematically guide warehouse development, we encourage local governing bodies to proactively plan for logistics projects in their jurisdictions. Proactive planning allows jurisdictions to prevent land use conflicts before they materialize and direct sustainable development. Benefits also include providing a predictable business environment, protecting residents from environmental harm, and setting consistent expectations jurisdiction-wide.
Proactive planning can take many forms. Land use designation and zoning decisions should channel development into appropriate areas. For example, establishing industrial districts near major highway and rail corridors but away from sensitive receptors 16 can help attract
investment while avoiding conflicts between warehouse facilities and residential communities.
Transition zones with lighter industrial and commercial land uses may also help minimize conflicts between residential and industrial uses.
In addition, general plan policies, local ordinances, and good neighbor policies should set minimum standards for logistics projects. General plan policies can be incorporated into existing economic development, land use, circulation, or other related general plan elements. Many jurisdictions alternatively choose to consolidate policies in a separate environmental justice element. Adopting general plan policies to guide warehouse development may also help
14 Id. at 5-7.
15 Beginning in the 1930s, federal housing policy directed investment away from Black, immigrant, and working-class communities by color-coding neighborhoods according to the purported “riskiness” of loaning to their residents. In California cities where such “redlining” maps were drawn, nearly all of the communities where warehouses are now concentrated were formerly coded “red,” signifying the least desirable areas where investment was to be avoided.
See University of Richmond Digital Scholarship Lab, Mapping Inequality, https://dsl.richmond.edu/panorama/redlining/#loc=12/33.748/-118.272&city=los-angeles-ca (Los
Angeles), https://dsl.richmond.edu/panorama/r edlining/#loc=13/32.685/-117.132&city=san- diego-ca (San Diego), https://dsl.richmond.edu/panorama/redlining/#loc=11/37.81/- 122.38&city=oakland-ca ( Oakland),
https://dsl.richmond.edu/panorama/redlining/#loc=13/37.956/-121.326&city=stockton-ca (Stockton), https://dsl.richmond.edu/panorama/redlining/#loc=12/36.751/-119.86& city=fresno- ca (Fresno) (all last accessed September 18, 2022).
16 In this document, “sensitive receptors” refers to residences, schools, public recreation facilities, health care facilities, places of worship, daycare facilities, community centers, or incarceration facilities.
157
Updated September 2022
4 jurisdictions comply with their obligations under SB 1000, which requires local government general plans to identify objectives and policies to reduce health risks in disadvantaged communities, promote civil engagement in the public decision making process, and prioritize improvements and programs that address the needs of disadvantaged communities.17 Local ordinances and good neighbor policies that set development standards for all warehouses in the jurisdiction are a critical and increasingly common tool that serve several goals. When well-designed, these ordinances direct investment to local improvements, provide predictability for developers, conserve government resources by streamlining project review processes, and reduce the environmental impacts of industrial development. While many jurisdictions have adopted warehouse-specific development standards, an ordinance in the City of Fontana provides an example to review and build upon. 18 Good neighbor policies in
Riverside County and by the Western Riverside Council of Government include additional measures worth consideration.
19 The Bureau encourages jurisdictions to adopt their own local ordinances that combine the strongest policies from those models with measures discussed in the remainder of this document.
III. Community Engagement
Early and consistent community engagement is central to establishing good relationships between communities, lead agencies, and warehouse developers and tenants. Robust community engagement can give lead agencies access to community residents’ on-the-ground knowledge and information about their concerns, build community support for projects, and develop creative solutions to ensure new logistics facilities are mutually beneficial. Examples of best practices for community engagement include:
• Holding a series of community meetings at times and locations convenient to members of the affected community and incorporating suggestions into the project design.
• Posting information in hard copy in public gathering spaces and on a website about the project. The information should include a complete, accurate project description, maps and drawings of the project design, and information about how the public can provide input and be involved in the project approval process. The
17 For more information about SB 1000, see https://oag.ca.gov/environment/sb1000. 18 https://oag.ca.gov/system/files/attachments/press-
docs/Final%20Signed%20Fontana%20Ordinance.pdf (last ac cessed September 18, 2022). 19 For example, the Riverside County policy requires community benefits agreements and supplemental funding contributions toward additional pollution offsets, and the Western Riverside Council of Governments policy sets a minimum buffer zone of 300 meters between warehouses and sensitive receptors.
https://www.rivcocob.org/wp-
content/uploads/2020/01/Good-Neighbor-Policy-F-3-Final-Adopted.pdf ( last accessed September 18, 2022) (Riverside County);
http://www.wrcog.cog.ca.us/DocumentCenter/View/318/Good-N eighbor-Guidelines-for-Siting- Warehouse-Distribution-Facilities-PDF?bidId= ( last accessed September 18 , 2022) (Western Riverside Council of Governments).
158
Updated September 2022
5 information should be in a format that is easy to navigate and understand for members of the affected community.
• Providing notice by mail to residents and schools within a certain radius of the project and along transportation corridors to be used by vehicles visiting the project, and by posting a prominent sign on the project site. The notice should include a brief project description and directions for accessing complete information about the project and for providing input on the project. • Providing translation or interpretation in residents’ native language, where appropriate.
• For public meetings broadcast online or otherwise held remotely, providing for access and public comment by telephone and supplying instructions for access and public comment with ample lead time prior to the meeting. • Partnering with local community-based organizations to solicit feedback, leverage local networks, co-host meetings, and build support.
• Considering adoption of a community benefits agreement, negotiated with input from affected residents and businesses, by which the developer provides benefits to the affected community.
• Creating a community advisory board made up of local residents to review and provide feedback on project proposals in early planning stages. • Identifying a person to act as a community liaison concerning on-site construction activity and operations, and providing contact information for the community liaison to the surrounding community.
• Requiring signage in public view at warehouse facilities with contact information for a local designated representative for the facility operator who can receive community complaints, and requiring any complaints to be answered by the facility operator within 48 hours of receipt.
IV. Warehouse Siting and Design Considerations
The most important consideration when planning a logistics facility is its location.
Warehouses located in residential neighborhoods or near sensitive receptors expose community residents and those using or visiting sensitive receptor sites to the air pollution, noise, traffic, and other environmental impacts they generate. Therefore, placing facilities away from sensitive receptors significantly reduces their environmental and quality of life harms on local communities. The suggested best practices for siting and design of warehouse facilities does not relieve lead agencies’ responsibility under CEQA to conduct a project-specific analysis of the project’s impacts and evaluation of feasible mitigation measures and alternatives; lead agencies’ incorporation of the best practices must be part of the impact, mitigation and alternatives analyses to meet the requirements of CEQA. Examples of best practices when siting and designing warehouse facilities include: 159
Updated September 2022
6 • Per California Air Resources Board (CARB) guidance, siting warehouse facilities so that their property lines are at least 1,000 feet from the property lines of the nearest sensitive receptors.20
• Providing adequate amounts of on-site parking to prevent trucks and other vehicles from parking or idling on public streets and to reduce demand for off-site truck yards.
• Establishing setbacks from the property line of the nearest sensitive receptor to warehouse dock doors, loading areas, and truck drive aisles, and locating warehouse dock doors, loading areas, and truck drive aisles on the opposite side of the building from the nearest sensitive receptors—e.g., placing dock doors on the north side of the facility if sensitive receptors are near the south side of the facility.
• Placing facility entry and exit points from the public street away from sensitive receptors—e.g., placing these points on the north side of the facility if sensitive receptors are adjacent to the south side of the facility. • Ensuring heavy duty trucks abide by the on-site circulation plans by constructing physical barriers to block those trucks from using areas of the project site restricted to light duty vehicles or emergency vehicles only. • Preventing truck queuing spillover onto surrounding streets by positioning entry gates after a minimum of 140 feet of space for queuing, and increasing the distance by 70 feet for every 20 loading docks beyond 50 docks. • Locating facility entry and exit points on streets of higher commercial classification that are designed to accommodate heavy duty truck usage. • Screening the warehouse site perimeter and onsite areas with significant truck traffic (e.g., dock doors and drive aisles) by creating physical, structural, and/or vegetative buffers that prevent or substantially reduce pollutant and noise dispersion from the facility to sensitive receptors.
• Planting exclusively 36-inch box evergreen trees to ensure faster maturity and four-season foliage.
• Requiring all property owners and successors in interest to maintain onsite trees and vegetation for the duration of ownership, including replacing any dead or unhealthy trees and vegetation.
• Posting signs clearly showing the designated entry and exit points from the public street for trucks and service vehicles.
• Including signs and drive aisle pavement markings that clearly identify onsite circulation patterns to minimize unnecessary onsite vehicle travel. • Posting signs indicating that all parking and maintenance of trucks must be conducted within designated on-site areas and not within the surrounding community or public streets.
20 CARB, Air Quality and Land Use Handbook: A Community Health Perspective (April 2005), at ES-1. CARB staff has released draft updates to this siting and design guidance which suggests a greater distance may be warranted in some scenarios. CARB, Concept Paper for the Freight Handbook (December 2019), available at
https://ww2.arb.ca.gov/sites/default/files/2020-
03/2019.12.12%20-%20Concept%20Paper%20for%20the%20Freight%20Handbook_1.pdf (last accessed September 18, 2022).
160
Updated September 2022
7 V. Air Quality and Greenhouse Gas Emissions Analysis and Mitigation Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities. CEQA compliance demands a proper accounting of the full air quality and greenhouse gas impacts of logistics facilities and adoption of all feasible mitigation of significant impacts. Although efforts by CARB and other authorities to regulate the heavy-duty truck and off-road diesel fleets have made excellent progress in reducing the air quality impacts of logistics facilities, the opportunity remains for local jurisdictions to further mitigate these impacts at the project level. Lead agencies and developers should also consider designing projects with their long-term viability in mind. Constructing the necessary infrastructure to prepare for the zero-emission future of goods movement not only reduces a facility’s emissions and local impact now, but it can also save money as demand for zero-emission infrastructure grows. In planning new logistics facilities, the Bureau strongly encourages developers to consider the local, statewide, and global impacts of their projects’ emissions.
Examples of best practices when studying air quality and greenhouse gas impacts include:
• Fully analyzing all reasonably foreseeable project impacts, including cumulative impacts. In general, new warehouse developments are not ministerial under CEQA because they involve public officials’ personal judgment as to the wisdom or manner of carrying out the project, even when warehouses are permitted by a site’s applicable zoning and/or general plan land use designation.21 • When analyzing cumulative impacts, thoroughly considering the project’s incremental impact in combination with past, present, and reasonably foreseeable future projects, even if the project’s individual impacts alone do not exceed the applicable significance thresholds.
• Preparing a quantitative air quality study in accordance with local air district guidelines.
• Preparing a quantitative health risk assessment in accordance with California Office of Environmental Health Hazard Assessment and local air district guidelines.
• Refraining from labeling compliance with CARB or air district regulations as a mitigation measure—compliance with applicable regulations is required regardless of CEQA.
• Disclosing air pollution from the entire expected length of truck trips. CEQA requires full public disclosure of a project’s anticipated truck trips, which entails calculating truck trip length based on likely truck trip destinations, rather than the distance from the facility to the edge of the air basin, local jurisdiction, or other truncated endpoint. All air pollution associated with the project must be considered, regardless of where those impacts occur.
21 CEQA Guidelines § 15369.
161
Updated September 2022
8 • Accounting for all reasonably foreseeable greenhouse gas emissions from the project, without discounting projected emissions based on participation in California’s Cap-and-Trade Program.
Examples of measures to mitigate air quality and greenhouse gas impacts from construction are below. To ensure mitigation measures are enforceable and effective, they should be imposed as permit conditions on the project where applicable. • Requiring off-road construction equipment to be hybrid electric-diesel or zero- emission, where available, and all diesel-fueled off-road construction equipment to be equipped with CARB Tier IV-compliant engines or better, and including this requirement in applicable bid documents, purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant construction equipment for use prior to any ground-disturbing and construction activities.
• Prohibiting off-road diesel-powered equipment from being in the “on” position for more than 10 hours per day.
• Using electric-powered hand tools, forklifts, and pressure washers, and providing electrical hook ups to the power grid rather than use of diesel-fueled generators to supply their power.
• Designating an area in the construction site where electric-powered construction vehicles and equipment can charge.
• Limiting the amount of daily grading disturbance area. • Prohibiting grading on days with an Air Quality Index forecast of greater than 100 for particulates or ozone for the project area.
• Forbidding idling of heavy equipment for more than three minutes. • Keeping onsite and furnishing to the lead agency or other regulators upon request, all equipment maintenance records and data sheets, including design specifications and emission control tier classifications. • Conducting an on-site inspection to verify compliance with construction mitigation and to identify other opportunities to further reduce construction impacts.
• Using paints, architectural coatings, and industrial maintenance coatings that have volatile organic compound levels of less than 10 g/L.
• Providing information on transit and ridesharing programs and services to construction employees.
• Providing meal options onsite or shuttles between the facility and nearby meal destinations for construction employees.
Examples of measures to mitigate air quality and greenhouse gas impacts from operation include:
• Requiring all heavy-duty vehicles engaged in drayage
22 to or from the project site
to be zero-emission beginning in 2030.
22 “Drayage” refers generally to transport of cargo to or from a seaport or intermodal railyard. 162
Updated September 2022
9 • Requiring all on-site motorized operational equipment, such as forklifts and yard trucks, to be zero-emission with the necessary charging or fueling stations provided.
• Requiring tenants to use zero-emission light- and medium-duty vehicles as part of business operations.
• Forbidding trucks from idling for more than three minutes and requiring operators to turn off engines when not in use.
• Posting both interior- and exterior-facing signs, including signs directed at all dock and delivery areas, identifying idling restrictions and contact information to report violations to CARB, the local air district, and the building manager. • Installing solar photovoltaic systems on the project site of a specified electrical generation capacity that is equal to or greater than the building’s projected energy needs, including all electrical chargers.
• Designing all project building roofs to accommodate the maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible.
• Constructing zero-emission truck charging/fueling stations proportional to the number of dock doors at the project.
• Running conduit to designated locations for future electric truck charging stations. • Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide refrigerated warehouse space, constructing electric plugs for electric transport refrigeration units at every dock door and requiring truck operators with transport refrigeration units to use the electric plugs when at loading docks.
• Oversizing electrical rooms by 25 percent or providing a secondary electrical room to accommodate future expansion of electric vehicle charging capability. • Constructing and maintaining electric light-duty vehicle charging stations proportional to the number of employee parking spaces (for example, requiring at least 10% of all employee parking spaces to be equipped with electric vehicle charging stations of at least Level 2 charging performance) • Running conduit to an additional proportion of employee parking spaces for a future increase in the number of electric light-duty charging stations. • Installing and maintaining, at the manufacturer’s recommended maintenance intervals, air filtration systems at sensitive receptors within a certain radius of facility for the life of the project.
• Installing and maintaining, at the manufacturer’s recommended maintenance intervals, an air monitoring station proximate to sensitive receptors and the facility for the life of the project, and making the resulting data publicly available in real time. While air monitoring does not mitigate the air quality or greenhouse gas impacts of a facility, it nonetheless benefits the affected community by providing information that can be used to improve air quality or avoid exposure to unhealthy air.
• Requiring all stand-by emergency generators to be powered by a non-diesel fuel. • Requiring facility operators to train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of 163
Updated September 2022
10 trucks.
• Requiring operators to establish and promote a rideshare program that discourages single-occupancy vehicle trips and provides financial incentives for alternate modes of transportation, including carpooling, public transit, and biking. • Meeting CalGreen Tier 2 green building standards, including all provisions related to designated parking for clean air vehicles, electric vehicle charging, and bicycle parking.
• Designing to LEED green building certification standards. • Providing meal options onsite or shuttles between the facility and nearby meal destinations.
• Posting signs at every truck exit driveway providing directional information to the truck route.
• Improving and maintaining vegetation and tree canopy for residents in and around the project area.
• Requiring that every tenant train its staff in charge of keeping vehicle records in diesel technologies and compliance with CARB regulations, by attending CARB- approved courses. Also require facility operators to maintain records on-site demonstrating compliance and make records available for inspection by the local jurisdiction, air district, and state upon request.
• Requiring tenants to enroll in the United States Environmental Protection Agency’s SmartWay program, and requiring tenants who own, operate, or hire trucking carriers with more than 100 trucks to use carriers that are SmartWay carriers.
• Providing tenants with information on incentive programs, such as the Carl Moyer Program and Voucher Incentive Program, to upgrade their fleets.
VI. Noise Impacts Analysis and Mitigation
The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. Various sources, such as unloading activity, diesel truck movement, and rooftop air conditioning units, can contribute substantial noise pollution. These impacts are exacerbated by logistics facilities’ typical 24-hour, seven-days-per-week operation. Construction noise is often even greater than operational noise, so if a project site is near sensitive receptors, developers and lead agencies should adopt measures to reduce the noise generated by both construction and operation activities.
Examples of best practices when studying noise impacts include:
• Preparing a noise impact analysis that considers all reasonably foreseeable project noise impacts, including to nearby sensitive receptors. All reasonably foreseeable project noise impacts encompasses noise from both construction and operations, including stationary, on-site, and off-site noise sources. • Adopting a lower significance threshold for incremental noise increases when baseline noise already exceeds total noise significance thresholds, to account for the cumulative impact of additional noise and the fact that, as noise moves up the decibel scale, each decibel increase is a progressively greater increase in sound 164
Updated September 2022
11 pressure than the last. For example, 70 dBA is ten times more sound pressure than 60 dBA.
• Disclosing and considering the significance of short-term noise levels associated with all aspects of project operation (i.e. both on-site noise generation and off-site truck noise). Considering only average noise levels may mask noise impacts sensitive receptors would consider significant—for example, the repeated but short-lived passing of individual trucks or loading activities at night.
Examples of measures to mitigate noise impacts include:
• Constructing physical, structural, or vegetative noise barriers on and/or off the project site.
• Planning and enforcing truck routes that avoid passing sensitive receptors. • Locating or parking all stationary construction equipment as far from sensitive receptors as possible, and directing emitted noise away from sensitive receptors. • Verifying that construction equipment has properly operating and maintained mufflers.
• Requiring all combustion-powered construction equipment to be surrounded by a noise protection barrier
• Limiting operation hours to daytime hours on weekdays. • Paving roads where truck traffic is anticipated with low noise asphalt. • Orienting any public address systems onsite away from sensitive receptors and setting system volume at a level not readily audible past the property line.
VII. Traffic Impacts Analysis and Mitigation
Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. Collisions with heavy-duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians. These concerns can be even greater if truck traffic passes through residential areas, school zones, or other places where pedestrians are common and extra caution is warranted.
Examples of measures to mitigate traffic impacts include:
• Designing, clearly marking, and enforcing truck routes that keep trucks out of residential neighborhoods and away from other sensitive receptors. • Installing signs in residential areas noting that truck and employee parking is prohibited.
• Requiring preparation and approval of a truck routing plan describing the facility’s hours of operation, types of items to be stored, and truck routing to and from the facility to designated truck routes that avoids passing sensitive receptors.
The plan should include measures for preventing truck queuing, circling, stopping, and parking on public streets, such as signage, pavement markings, and queuing analysis and enforcement. The plan should hold facility operators responsible for violations of the truck routing plan, and a revised plan should be required from any new tenant that occupies the property before a business license 165
Updated September 2022
12 is issued. The approving agency should retain discretion to determine if changes to the plan are necessary, including any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility. • Constructing new or improved transit stops, sidewalks, bicycle lanes, and crosswalks, with special attention to ensuring safe routes to schools. • Consulting with the local public transit agency and securing increased public transit service to the project area.
• Designating areas for employee pickup and drop-off.
• Implementing traffic control and safety measures, such as speed bumps, speed limits, or new traffic signs or signals.
• Placing facility entry and exit points on major streets that do not have adjacent sensitive receptors.
• Restricting the turns trucks can make entering and exiting the facility to route trucks away from sensitive receptors.
• Constructing roadway improvements to improve traffic flow. • Preparing a construction traffic control plan prior to grading, detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic.
VIII. Other Significant Environmental Impacts Analysis and Mitigation Warehouse projects may result in significant environmental impacts to other resources, such as to aesthetics, cultural resources, energy, geology, or hazardous materials. All significant adverse environmental impacts must be evaluated, disclosed and mitigated to the extent feasible under CEQA. Examples of best practices and mitigation measures to reduce environmental impacts that do not fall under any of the above categories include:
• Appointing a compliance officer who is responsible for implementing all mitigation measures, and providing contact information for the compliance officer to the lead agency, to be updated annually.
• Creating a fund to mitigate impacts on affected residents, schools, places of worship, and other community institutions by retrofitting their property. For example, retaining a contractor to retrofit/install HVAC and/or air filtration systems, doors, dual-paned windows, and sound- and vibration-deadening insulation and curtains.
• Sweeping surrounding streets on a daily basis during construction to remove any construction-related debris and dirt.
• Directing all lighting at the facility into the interior of the site. • Using full cut-off light shields and/or anti-glare lighting. • Requiring submission of a property maintenance program for agency review and approval providing for the regular maintenance of all building structures, landscaping, and paved surfaces.
• Using cool pavement to reduce heat island effects.
166
Updated September 2022
13 • Planting trees in parking areas to provide at least 35% shade cover of parking areas within fifteen years to reduce heat island impacts. • Using light colored roofing materials with a solar reflective index of 78 or greater. • Including on-site amenities, such as a truck operator lounge with restrooms, vending machines, and air conditioning, to reduce the need for truck operators to idle or travel offsite.
• Designing skylights to provide natural light to interior worker areas. • Installing climate control and air filtration in the warehouse facility to promote worker well-being.
IX. Conclusion
California’s world-class economy, ports, and transportation network position it at the center of the e-commerce and logistics industry boom. At the same time, California is a global leader in environmental protection and environmentally just development. The guidance in this document furthers these dual strengths, ensuring that all can access the benefits of economic development. The Bureau will continue to monitor proposed projects for compliance with CEQA and other laws. Lead agencies, developers, community advocates, and other interested parties should feel free to reach out to us as they consider how to guide warehouse development in their area.
Please do not hesitate to contact the Environmental Justice Bureau at [email protected] if
you have any questions.
167
Frequently Asked Questions
Office of Transportation and Air Quality
EPA-420-F-14-044
August 2014
Frequently Asked Questions
Near Roadway Air Pollution and
Health: Frequently Asked Questions
W
ith more than 45 million people in the United States living, working, or attending school within 300 feet of a major road, airport or railroad there is growing concern about the health impacts of roadway traffic. Below are frequently asked questions EPA receives concerning near roadway air pollution and what EPA is doing to ad dress this important health issue.
What are the concerns associated with living, working, or attending school near major roads?
Air pollutants from cars, trucks and other motor vehicles are found in higher con centrations near major roads. People who live, work or attend school near major roads appear to have an increased incidence and severity of health problems associ ated with air pollution exposures related to roadway traffic including higher rates of asthma onset and aggravation, cardiovascular disease, impaired lung development in children, pre-term and low-birthweight infants, childhood leukemia, and premature death.
Pollutants directly emitted from cars, trucks and other motor vehicles are found in higher concentrations near major roads. Examples of directly emitted pollutants include particulate matter (PM), carbon monoxide (CO), oxides of nitrogen (NOx), and benzene, though hundreds of chemicals are emitted by motor vehicles. Motor vehicles also emit compounds that lead to the formation of other pollutants in the atmosphere, such as nitrogen dioxide (NO2), which is found in elevated concentra tions near major roads, and ozone (O3), which forms further downwind. Beyond vehicles’ tailpipe and evaporative emissions, roadway traffic also emits brake and tire debris and can throw road dust into the air. Individually and in combination, many of the pollutants found near roadways have been associated with adverse health ef fects.
168
Frequently Asked Questions
People who live, work or attend school near major roads appear to have an increased incidence and severity of health problems that may be related to air pollution from roadway traffic. Health effects that have been associated with proximity to roads include asthma onset and aggravation, cardiovascular disease, reduced lung function, impaired lung development in children, pre-term and low-birthweight infants, childhood leukemia, and premature death. Other than air pollu tion, road noise may also play a role in the health problems associated with roadway exposure.
What is a “major road” and how close to a such a road do you have to live, work or attend school to be considered “near” it?
Research findings indicate that roadways generally influence air quality within a few hundred meters – about 500-600 feet downwind from the vicinity of heavily traveled roadways or along corridors with significant trucking traffic or rail activities. This distance will vary by location and time of day or year, prevailing meteorology, topography, nearby land use, traffic patterns, as well as the individual pollutant.
What influences air quality near major roadways?
The type of vehicles and fuel used, traffic activity, and the wind speed and direction can all have big effects on pollutant levels near major roadways. Generally, the more traffic, the higher the emissions; however, certain activities like congestion, stop-and-go movement or high-speed operations can increase emissions of certain pollutants. The combination of rush hour and calm winds in the morning often leads to the highest concentrations during this time of the day.
Emissions can be elevated near major roadways and arise from multiple vehicle-related pro cesses, including tailpipe exhaust, evaporation of fuel, brake and tire wear, and dust kicked up from traffic. Certain wind and terrain conditions, certain times of the day, including rush hours can result in elevated concentrations of air pollution near the road and air pollutants traveling farther from the road. The presence of sound walls, buildings and vegetation also has an impact on pollutant dispersion. Typically, pollutant concentrations decrease with distance away from traffic although the degree of this decrease varies.
• The highest concentrations of roadway pollutants occur on or just downwind of a road way. With greater distance from a roadway, concentrations generally decrease to back ground levels within 500-600 feet. Pollutant concentrations tend to be higher when winds blow from the road and wind speeds are low.
• Traffic activity, wind speed, and direction can have a big influence on pollutant concen trations. Generally, the more traffic, the higher the emissions; however, certain activities like congestion, stop-and-go movement or high-speed operations can increase emissions of certain pollutants. The combination of rush hour and calm winds in the morning often leads to the highest concentrations during this time of the day. Other factors af fecting pollutant concentrations include the mix of vehicles, roadway design, and nearby land uses.
2 169
Frequently Asked Questions
Both heavy-duty trucks and light-duty gasoline vehicles emit a range of pollutants. However, their contributions to different types of compounds are not the same. Per vehicle, heavy-duty diesel trucks can emit more of certain pollutants (e.g., NOx and PM) and contribute dispropor tionately to the emissions from all motor vehicles. Gasoline-powered passenger cars generally emit more of other pollutants (e.g., CO, and benzene, a volatile organic compound (VOC)).
How many people live or spend time near major roads and other transportation facilities? EPA estimated that in 2009, more than 45 million people in the United States lived within 300 feet of a highway with 4 or more lanes, a railroad, or an airport, and population trends suggest this number is increasing. Many schools and child care centers are located within a few hundred feet of highways, particularly in urban areas. Furthermore, every day, the average American spends more than an hour in travel, most of which takes place on major roadways Are some people at greater risk from being close to major roadways or high traffic areas? Children, older adults, people with preexisting cardiopulmonary disease, and people of low socioeconomic status are among those at higher risk for health impacts from air pollution near roadways.
Some people are known to be at greater risk of experiencing adverse health effects from air pol lution, including those with asthma and other respiratory diseases and risk factors for heart at tacks and strokes. Children, older adults, people with preexisting cardiopulmonary disease, and people of low socioeconomic status also are among those at higher risk for health impacts from some air pollutants associated with traffic emissions.
There are many factors being studied to better determine personal risk from air pollution gener ated from traffic. These include a person’s current health status and age and the frequency and amount of exposure to air pollutants. EPA scientists and scientists funded through EPA grants continue to study the association between roadway air pollutants and potential health impacts.
Studies are examining the role of traffic-related air pollutants on the initiation of asthma and other diseases in children and cardiovascular disease in adults.
What is EPA doing to address near-roadway air pollution? Over the past three decades the U.S. EPA has worked to reduce harmful roadway-related emis sions in a number of important ways. EPA has reduced pollution from new cars and trucks by establishing more stringent emission standards and cleaner fuel requirements. EPA also has a number of programs designed to reduce emissions from in-use vehicles not subject to the newest emission standards. In addition, EPA sets the health-based National Ambient Air Quality Standards (NAAQS) for pollutants that are emitted from on-road mobile sources and has recently required that air quality monitors be placed near high-traffic roadways for determining compliance with the NAAQS for NO2, CO, and PM2.5. Finally, EPA is conducting research to 3 170
Frequently Asked Questions
better understand the phenomenon of near roadway pollution, exposure and adverse health effects, and how to reduce air pollution near these high-traffic areas EPA has addressed pollution from motor vehicles by establishing more stringent emission and fuel standards to reduce emissions of a variety of pollutants including PM, NOx, CO, and volatile organic compounds (VOC) such as benzene. EPA’s standards apply to heavy-duty truck engines, light-duty passenger cars, buses, motorcycles, and other motor vehicles. EPA establishes and maintains standards for fuel quality to enable lower emissions from vehicles.
A new vehicle on the road today has more than 90% lower emissions than a vehicle on the road 30 years ago. Over the next two decades, as new standards phase in, motor vehicle and nonroad engine emissions will continue to decrease substantially. EPA’s Office of Transportation and Air Quality (OTAQ) maintains information on national standards (www.epa.gov/otaq).
EPA also has a number of programs designed to reduce emissions from the existing fleet of vehicles that are not subject to the newest emission standards. For example, through the Na tional Clean Diesel Campaign, EPA works with stakeholder coalitions to plan and finance diesel emission reduction programs across the country.
In addition, EPA sets health-based National Ambient Air Quality Standards (NAAQS) for several pollutants that are emitted from on-road mobile sources, including CO, NOx (with NO2 used as the indicator), and PM. Recently, EPA has required that air quality monitors be placed near high-traffic roadways for determining NAAQS compliance for NO2, CO, and PM2.5 in addition to those existing monitors located in neighborhoods and other locations farther away from pollution sources. EPA also works with state and local governments to ensure that Federal ly-sponsored and approved transportation activities are consistent with state efforts to attain the NAAQS. The Agency also supports state and local efforts to reduce the number of vehicle miles travelled by promoting public transit use, carpooling, active commuting (biking and walking) and other alternatives to commuting (e.g., teleworking).
EPA has a near-roadway research program to investigate emissions, exposures, health impacts and ways to reduce air pollution near major roadways and high traffic areas. EPA and EPA-sup ported researchers have published numerous articles characterizing near-road air quality, expo sures, and health effects, as well as methods of mitigating these impacts. As this research contin ues, the results will assist federal and state regulators, community and transportation planners, and the public with making sound decisions to protect public health.
Are there other actions that may reduce air pollution concentrations and exposures near major roadways?
There are a number of approaches that appear promising for reducing the air pollution near roadways. In addition to reducing vehicle emissions, other approaches involve the design of transportation projects and designs of buildings and facilities near major roadways. For example, research suggests that sound walls, cut sections, and roadside vegetation can reduce traffic-relat ed air pollutants immediately downwind of a roadway, although the extent of this reduction can 4 171
Frequently Asked Questions
vary by the dimension and type of feature. Research is still underway to quantify the specific impacts these features have in reducing air pollutants near-roadway areas. In addition, design and siting of new buildings, and the use of indoor air filtration, may also be a way to minimize exposures to pollutants while indoors.
Reducing the emissions of each vehicle on the road and the number of vehicle miles driven reduces air pollution. As noted above, EPA has established stringent fuel and emission standards for vehicles and non-road engines, and created other programs to further reduce diesel emissions from existing vehicle fleets.
Changing the design of transportation projects can also affect how and where air quality impacts occur. Research suggests that sound walls can reduce concentrations of traffic-related air pollut ants immediately downwind of a roadway, although the extent of this reduction can vary by the wall height, length and distance from the road. Such barriers may also increase concentrations in the air on and immediately over the road as well as locations upwind and near the edges of the structure. For the same level of emissions, pollutant concentrations also are generally lower near cut section roads (roads below grade with steep walls) than near at-grade roads. Roadside vegetation, like trees and large bushes, can also impact air pollution concentrations. Studies suggest that the height, thickness, width, type of species, and continuity of the vegetation are all likely important factors in whether vegetation reduces pollutant concentrations in adjoining areas and communities. All of this research is promising, although further research is needed to be able to quantify the specific impacts of these features on reducing concentrations of traffic- related pollutants.
Building construction and location can also affect pollution exposures for residents. For me- chanically-ventilated buildings near large roadways, air filtration devices installed in the venti lation systems can remove pollutants and improve indoor air quality. In addition, new buildings and facilities can be designed and located to minimize the time that at-risk people spend in near-roadway settings. For example, a school site could place maintenance and storage facilities closer to the road, while placing playgrounds, athletic fields, and classrooms as far from the road as possible.
What air pollution exposures occur in vehicles?
In-vehicle air quality is influenced by surrounding vehicles and sometimes emissions from the vehicle itself. Studies generally report higher concentrations of air pollutants in vehicles when following heavy-duty trucks and cars with visible tailpipe emissions. Tailgating and stopping very close to the vehicle in front during a traffic jam or at an intersection can increase air pollution in the following vehicle. A key factor in determining driver and passenger exposure is the vehicle’s ventilation. Older diesel-powered buses also can have elevated concentrations of exhaust components inside the cabin.
Air quality in vehicles can be affected by traffic emissions on the roadway, with elevated concentrations inside vehicles of many of the same pollutants found outside the vehicle.
Smoking in a vehicle creates concentrations of PM and other pollutants that generally 5 172
Frequently Asked Questions
dominate any other factors. However, in-vehicle air quality is influenced by the surrounding vehicles, particularly in vehicles with no tobacco smoke. Studies generally report higher concen trations of air pollutants in vehicles when following heavy-duty trucks or cars with visible tailpipe emissions. Tailgating and stopping very close to the vehicle in front during a traffic jam can increase air pollution in the following vehicle.
A key factor in determining driver and passenger exposure is the vehicle’s ventilation. When windows are open, outdoor air enters the passenger compartment rapidly. When windows are closed, the settings on a vehicle’s ventilation system have a larger effect on exposure. When the ventilation is set to bring in air from outside the vehicle, outdoor air enters rapidly. The recircu lation setting reduces the turnover of outdoor air into the vehicle. In vehicles equipped with properly functioning cabin air filters, recirculation reduces PM concentrations from the out doors, although this may not reduce concentrations in vehicles where people are smoking tobacco.
Older diesel-powered buses (including school and public transit buses) also can have elevated concentrations of exhaust components inside the cabin. Emissions from the tailpipe and from blow tubes that ventilate the crankcase can result in higher concentrations of PM and other air pollutants inside the cabin than found outside. As part of the National Clean Diesel Campaign, EPA’s Clean School Bus USA provides funding to school districts to retrofit buses with verified emission reduction technologies. For more information see www.epa.gov/cleanschoolbus What is EPA doing about railyard and port emissions?
EPA has established emission standards that will reduce emissions from each engine, including those for locomotives and marine vessels. Reducing idling also prevents emissions and improves nearby air quality. Features such as walls and vegetation may also reduce concentrations of air pollutants near these facilities, but little direct research exists for these locations.
A number of studies have reported air pollution in elevated concentrations near rail yards and marine ports. In general, diesel engines power the trains, trucks, and large marine vessels that are found in these facilities. Although the body of scientific literature about air quality and health near these locations is not as large as the number of studies done near major roadways, it is clear that pollutant concentrations are influenced by similar factors. For example, concentrations of directly-emitted pollutants are generally found in higher concentrations closer to these facilities than farther away. Higher volumes of trains, boats, and other engines are likely to be associated with higher pollutant concentrations.
EPA has established emission standards for a range of mobile sources found at marine ports or rail yard facilities. For locomotives and marine engines under 30 liters per cylinder, EPA stan dards are reducing per-engine CO, NOx, VOC, and PM, and sulfur levels in non-road diesel fuel to enable new emission control technologies. The most stringent standards for these engines take effect between 2012 and 2017.
6 173
Frequently Asked Questions
For large ocean-going vessels (marine engines greater than 30 liters per cylinder displacement), EPA has worked closely with the International Maritime Organization (IMO) to establish an Emission Control Area (ECA) extending up to 200 nautical miles from the coasts of U.S., Canadian, and French territories in North America. The ECA requires that ships within it operate on lower sulfur fuel which lowers emissions of NOx, SO2, and PM from ships. EPA has also established new stringent standards to reduce NOx from the largest marine diesel engines, which apply beginning in 2016.
In addition to emission standards, measures to reduce idling also can reduce concentrations near ports and rail yards. For example, shore connection systems (SCS) allow maritime vessels and locomotives to plug into an electric power source rather than using onboard engines while docked at port or stopped in a rail yard. Features such as walls and vegetation may also reduce concentrations of air pollutants near these facilities, but little direct research exists for these locations.
The U.S. EPA is involved in a number of nonregulatory efforts that seek to address railyard and port emissions. For example, the Ports Initiative seeks to partner with ports to reduce climate risks and improve air quality, the SmartWay Program encourages trucks and locomotives to not idle, and provides technical information on the benefits of not idling, and the DERA Program provides funding for clean diesel projects at ports and railyards.
Research Links
What EPA research is being conducted on near-roadway air pollution? EPA’s near-roadway research program is an integrated, multidisciplinary effort to better under stand how motor vehicle emissions influence air quality invehicle, near major roads and the health of nearby populations, including those with asthma and cardiovascular disease. The studies have been designed to answer questions about potential health risks and what can be done to reduce exposures both in-vehicle and near roadways to maximize improvements in public health.
EPA’s near-roadway research program is an integrated, multidisciplinary effort to better under stand how motor vehicle emissions influence air quality near major roads and the health of nearby populations, including those with asthma and cardiovascular disease. The studies are designed to answer questions about potential health risks including:
What kinds of air pollutants near roadways have the most significant impacts on human health? • What is the full range of potential health effects associated with air pollutants near road ways including consideration of possible impacts on populations living, working, or going to school near roads? How far do air pollutants travel from roadways? • Who is most at risk for experiencing health effects associated with air pollution near roadways?
7 174
Frequently Asked Questions
• What can be done to reduce exposures near roadways to maximize improvements in public health?
• How can research support the improvement of existing tools and development of new tools for use in transportation and community planning? • How can research help inform regulatory decisions to improve near-road air quality and reduce occurrences of adverse health effects?
Research includes:
• Health effect studies of human populations in neighborhoods near major roads • Toxicological and human clinical studies in controlled exposure environments • Air monitoring studies on and near roadways
• Laboratory studies to measure motor vehicle emissions and simulate roadway conditions • Computer modeling to understand air quality and the dispersion of pollutants away from the roadway
• Field and laboratory studies on the ways to reduce near-road air pollutants and adverse health effects and
• Impacts of ports, railyards, and airports on nearby air quality and people’s exposures.
For more information, see www.epa.gov/airscience/air-highwayresearch.htm What has been the impact of near-roadway research?
Near-roadway research has led to a number of programs aimed at reducing pollutant concen trations and protecting public health. The research contributed to a body of evidence on the connections between roadway-associated exposures and adverse health effects, which led EPA to develop the requirement for a national near-road air quality monitoring network and supported EPA programs for modeling the near-road air quality impacts of diesel vehicles on transportation projects. In particular, the health studies helped to identify health impacts near roads, the field measurements identified where and how best to monitor these impacts, and the field and labora tory studies suggested ways to potentially model and mitigate these impacts.
Communities have used products of this research to inform decisions on school and other facility placement. For example, research studies were cited in the recent EPA School Siting 8 175
Frequently Asked Questions
Guidelines, which help school districts evaluate potential environmental hazards when identify ing new school locations, and identify roadway-related factors and mitigation options that may reduce exposures. For recommendations on addressing near-road air quality in school siting, see section 8 in EPA’s School Siting Guidlines:
www.epa.gov/schools/guidelinestools/siting/download.html This research has also led community planners and developers to consider how people may be exposed to traffic emissions, and what steps may be taken to reduce nearby populations’ expo sures and health impacts.
Where can I find published research?
• To find specific publications related to near roadway research, enter “roadway” or “road” in the search box on the main page of the Science Inventory at: http://cfpub.epa.gov/si/. • EPA’s near roadway research: www.epa.gov/airscience/air-highwayresearch.htm • EPA also supports near roadway research conducted at other research institutions includ ing the EPA Clean Air Research Centers and the Health Effects Institute (HEI). Infor mation on near roadway research at these institutions can be found at the following sites:
○ Clean Air Research Centers: www.epa.gov/airscience/air-cleanairresearchcenters.htm ○ Health Effects Institute: www.healtheffects.org/
9 176
URGENCY ORDINANCE NO. _______
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA ENACTING A 45-DAY
MORATORIUM ON THE ESTABLISHMENT, EXPANSION,
OR MODIFICATION OF WAREHOUSE AND TRUCKING
USES AND RELATED USES WITHIN THE CITY OF
LYNWOOD
WHEREAS, Government Code Section 65858 expressly authorizes a general law city, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that its legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure is adopted by a four-fifths vote of the legislative body, and have no further force and effect 45 days from its adoption, unless thereafter duly extended by further legislative action; and
WHEREAS, Government Code Section 36937(b) expressly authorizes the City Council to enact urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and which must be passed by a four- fifths vote of the City Council; and
WHEREAS, the City of Lynwood (“City”) is concerned with a potential increase in commercial manufacturing/industrial uses within neighboring communities due to the growing economy and lack of vacant, developable land, particularly warehouses, distribution centers, and truck storage facilities (collectively “Warehouse and Trucking Use(s)”), which include any use for the conduct, business, or management of warehousing, storing, freight forwarding, handling, parking, carrier leasing, keeping inventory, distribution activities and/or transporting of any shipping containers and/or trailers; and
WHEREAS, the United States Environmental Protection Agency(“EPA”), in a 2014 Frequently Asked Questions sheet (EPA-420-F-14-044) (“EPA FAQ”) notes that “[P]eople who live, work, or attend school near major roads appear to have an increased incidence and severity of health problems that may be related to air pollution from roadway traffic.
Health effects that have been associated with proximity to roads include asthma onset and aggravation, cardiovascular disease, reduced lung function, impaired lung development in children, pre-term and low-birthweight infants, childhood leukemia, and premature death. Other than air pollution, road noise may also play a role in the health problems associated with roadway exposure”; and
WHEREAS, the California Department of Justice’s (“CA DOJ”) 2022 update to its ”Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act” notes that:
“Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities” (Section V, pg. 7); and
“The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. Various sources, such as unloading activity, diesel truck movement, and rooftop air conditioning units, can contribute substantial noise pollution. These impacts are exacerbated by logistics facilities’ typical 24-hour, seven-days-per-week operation” (Section VI, pg. 10); and “Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. Collisions with heavy-duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians.
These concerns can be even greater if truck traffic passes through residential 177
areas, school zones, or other places where pedestrians are common and extra caution is warranted” (Section VII, pg. 11); and
WHEREAS, with the lack of available industrial warehouse storage space in the region, the City has experienced an increase in Warehouse and Trucking Uses, and the residents and businesses within the City have faced an increase of truck traffic, resulting in the following current and immediate threats to the public health, safety, and welfare of its citizens:
Increased safety risk for smaller vehicles, pedestrians, and bicyclists; Damage to City streets, streetlights, traffic signal equipment, signs, trees, curbs, medians, etc.;
Traffic congestion and reduced levels of service on streets and at intersections; Increase in air pollution, noise, and vibrations when travelling on the roadways next to residential areas and educational uses; and
WHEREAS, there is a need to study and develop policy guidance to ensure there is a logical relationship between the placement of Warehouse and Trucking Uses and available truck routes to avoid the deleterious effects of routing trucks past sensitive uses; and
WHEREAS, the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare; and
WHEREAS, the City intends to update the Lynwood Municipal Code to further address the potential side effects of Warehouse and Trucking Uses to ensure that they are properly regulated within the City; and
WHEREAS, the City also intends to address truck yards, and associated buildings, queuing, stacking, loading, unloading and parking of trucks; and WHEREAS, if zoning restrictions are temporarily imposed for the establishment, expansion, and/or development of Warehouse and Trucking Uses, the City can mitigate the threat of health and safety caused by Warehouse and Trucking Uses that often create congestion on City streets and noise, vibration, and other disruptions to the peace and quiet that is necessary for the enjoyment of residential neighborhoods and efficacy of educational uses; and
WHEREAS, the City desires to establish a 45-day moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses within the City through the adoption of this Urgency Ordinance to further the purposes stated herein; and
WHEREAS, City staff, the City Planning Commission, and the City Council, each requires a reasonable period of time to study existing Warehouse and Trucking Use regulations and developments to determine the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of properties within the City, and to make recommendations on appropriate alternative regulations for Warehouse and Trucking Uses within the City; and
WHEREAS, California Government Code Sections 36937(b) and 65858 authorize the City Council to act by ordinance to take effect immediately for the preservation of the public peace, health or safety when adopted by a four-fifths vote of the City Council.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lynwood as follows:
SECTION 1: The facts set forth in the recitals of this Urgency Ordinance are true and correct, and incorporated into this Urgency Ordinance as substantive findings.
SECTION 2: This Urgency Ordinance is adopted as an interim urgency measure pursuant to Government Code Section 65858 for the immediate preservation of the public health, safety, and welfare, and is adopted and justified based on the findings of the City Council described in the recitals of this Urgency Ordinance and the agenda staff report 178
associated with this Urgency Ordinance, which are hereby incorporated as the City’s findings.
SECTION 3: Facts Constituting Urgency . Based on the facts included in the above recitals and agenda staff report associated with this Urgency Ordinance, the City Council finds that the adoption of this Urgency Ordinance enacting a forty-five (45) day moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses is necessary to protect the public safety, health, and welfare of the general public. The EPA and CA DOJ have both noted the severe potential impacts an increase in Warehouses and Trucking uses can have on the volume of traffic and the potential environmental and health impacts associate with such increases in traffic. Such impacts are a current and immediate threat to the public health, safety, and welfare of the community and the enactment of a moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses within the City of Lynwood is necessary to mitigate such threats to the community’s health, safety and welfare.
SECTION 4: The City Council finds that the continued growth of Warehouse and Trucking Uses and related uses in the City may be in conflict with the City’s General Plan in the following manner:
Circulation Plan Policy CIR-1.3 to “preserve the quality of residential neighborhoods by…discouraging the flow of truck traffic and through traffic in these areas” including Implementation Measure 7.0 requiring that new developments be adequately served by road of adequate design standards and capacity to provide reasonable access by car, truck, transit, or bicycle, and Implementation Measure
14.0 establish and enforce weight restrictions where necessary on routes traversing through residential neighborhoods; and
Noise Plan Policy NOI-1.1 to prohibit the development of new commercial, industrial, or other noise-generating land uses adjacent to existing residential uses and sensitive noise receptors exceeding 65 dBA.
Air Quality Plan Policy AQ-1.1 to ensure to the extent practical that air quality mitigation measures are incorporated into residential, commercial and industrial projects, including Implementation Measure 2.0 to use low emission vehicles and reschedule truck deliveries to off peak hours.
SECTION 5: Effective immediately upon the adoption of this Urgency Ordinance, and for the duration of forty-five (45) days thereafter unless extended or terminated earlier by the City Council by subsequent ordinance, the City shall not approve the establishment, expansion, or modification of Warehouse and Trucking Uses and related uses within the City of Lynwood for any application which has not been deemed complete as of September 12, 2023.
SECTION 6: Definitions and Moratorium.
A. Definitions. For the purpose of this Urgency Ordinance:
“Warehouse and Trucking Uses” shall mean Warehouses, distribution centers, distribution plants, Trucking Storage Facilities and shall include any related use for the conduct, business, or management of warehousing, storing, freight forwarding, handling, parking, carrier leasing, keeping inventory, distribution activities and/or transporting of any shipping containers and/or trailers. “Warehouses” shall mean any use for the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure. “Trucking Storage Facilities” shall mean any use for the conduct, business or management of storing, placing, temporary parking, carrier leasing, and/or transporting of any shipping containers and/or trailers. 179
B. Moratorium. A 45-day moratorium is hereby established in the City of Lynwood by this Urgency Ordinance prohibiting the approval of any application for the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses within the City of Lynwood for any application which has not been deemed complete as of September 12, 2023.
SECTION 7: Authority. This Urgency Ordinance is enacted pursuant to Government Code Sections 65858 and 36937, the City of Lynwood’s general police powers, and Article XI of the California Constitution.
SECTION 8: CEQA. Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines, this Urgency Ordinance is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this Urgency Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant effect on the environment, insofar as it prohibits the construction of or alterations to, truck parking or logistics facilities within the City.
Furthermore, even if the Urgency Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on truck parking or logistics facilities.
Accordingly, no further environmental review is necessary.
SECTION 9: Severability. If any section, subsection, sentence clause or phrase or word of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council declares that it would have passed this Urgency Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
SECTION 10: Effective Date. This Urgency Ordinance shall become effective immediately upon adoption by a four-fifths (4/5) vote of the City Council pursuant to California Government Code Section 36937(b) and shall be in effect for forty-five (45) days from the date of adoption, unless earlier terminated or extended by the City Council as permitted by law.
SECTION 11: Adoption. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause the same to be published or posted according to law.
PASSED, APPROVED AND ADOPTED this 19th day of September, 2023. _______________________________
Oscar Flores, Mayor
ATTEST:
________________________ _______________________________ Maria Quiñonez, City Clerk Ernie Hernandez, City Manager
APPROVED AS TO FORM
180
__________________________
Noel Tapia, City Attorney
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Urgency Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 19th day of September, 2023, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
Maria Quiñonez, 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 the Urgency Ordinance No. ______________ on file in my office and that said Ordinance was adopted on the date and the vote therein stated. Date this 19th day of September, 2023. ___________________________________
Maria Quiñonez, City Clerk
181
AGENDA STAFF REPORT
DATE:
September 19, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
AWARD OF CONTRACT TO SEQUEL CONTRACTORS INC. FOR
WRIGHT ROAD
STREET IMPROVEMENT PROJECT FROM
FERNWOOD AVE TO DUNCAN AVE STPL-5250(034) (CIP PROJECT
NO
. 4011.67.911)
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 SEQUEL CONTRACTORS INC. FOR THE WRIGHT ROAD
STREET
IMPROVEMENT PROJECT FROM FERNWOOD AVENUE TO DUNCAN AVENUE STPL- 5250(034) (CIP PROJECT NO. 4011.67.911); AUTHORIZING THE CITY MANAGER TO
APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT AND
AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT.”
Background:
Wright Road from Fernwood Avenue to Duncan Avenue is a minor arterial street and a truck route in the City of Lynwood. Wright Road is in poor condition and needs to be repaved for the residents and businesses in the area. The City receives Surface Transportation Program- Local (STPL) funding annually. City staff notified Los Angeles County Metropolitan Authority that it intends to use $1,515,500 of its STPL funds for the Wright Road Improvement Project (Project) (CIP NO. 4011.67.911). When using STPL funds, the City is required to conform to Caltrans requirements. The City’s on-call consultant Willdan has completed the design of the Wright Road Improvement Project Plans and Specifications. With Plans and Specifications completed and reviewed, staff commenced with receiving approval (E76) from Caltrans to commence construction of the project.
City Council City Council Regular Meeting 182
On September 6, 2022, the City received a notification from
Caltrans
to proceed (E-76) with
construction of the project. However, due to lack of funding in Fiscal Year (FY) 22-23 to cover this project, there was a delay in proceeding to the bidding process. With the approved FY 23- 24 budget, the City has funds reserved for the Wright Road
Street Improvement Project from
Fernwood Avenue to Duncan Avenue STPL-5250 (034) construction project.
On June 20, 2023, the City Council approved the plans and specifications for the Wright Road Improvement Project. With plans and specification approved, s
taff has sent out a Notice of
Inviting Bids for the Wright Road Street Improvement project.
Discussion and Analysis:
The Scope of Work for the project consist of street resurfacing, and partial replacement of concrete sidewalks, curbs and gutters, driveway approaches, curb ramps, traffic signing and striping, sanitary sewer repairs, and Cured in Place Pipe lining.
On June 21, 2023, Staff uploaded a Notice Inviting Bids for the Wright Road Street Improvement Project to the City Website (Planetbids). On July 27, 2023. The bid opening took place and Staff received the following four (4) bids:
Bidders
Bid Amount
1. Hardy and Harper, Inc.
$1,480,000.00
2. Sequel Contractor, Inc.
$1,651,900.00
3. Excel Paving
$1,674,595.00
4. All American Asphalt
$1,836,010.00
An analysis of all bidders was conducted, including a review of their bid schedule, license, references, and required documents. As part of Caltrans STPL funding requirements, bidders are required to submit Disadvantaged Business Enterprise (DBE) documents when submitting their bids. After review of all the Contractors’ bids and documents, it was determined that the apparent lowest bidder, Hardy and Harper, Inc. did not submit DBE documents as required for this project. Staff has consulted with the City Attorney Office and has determined to disqualify Hardy and Harper Inc. Therefore, Staff recommends that the City Council award the contract to the lowest responsible responsive bidder, Sequel Contractors, Inc, in the amount of $1,651,900.
City Council City Council Regular Meeting 183
It is estimated that this project will take approximately sixty-three (63) calendar days from notice to proceed date to complete the work set forth in the project
specifications. Upon
authorization, staff will circulate the contract documents, set up a pre-construction meeting, and schedule work to commence.
Contractor’s Bid Items
Item Description
Unit of
Measure
Quantity
Cost
Mobilization
LS
1 $100,000.00
Traffic Control
LS
1 $180,000.00
Unclassified Excavation
CY
2560
$378,880.00
Cold Mill Asphalt Concrete 2-Inch Uniform Depth
SF
196000
$64,680.00
Construct 2-Inch ARHM Overlay
TN
2370
$315,210.00
Construct 4-Inch Thick AC Pavement
TN
2010
$251,250.00
Construct 6-Inch Thick AB over Compacted Native
CY
1540
$169,400.00
Remove and Construct Residential Driveway per SPPWC
Std Plan 110- 2, Type B, Match Width to Existing
SF
250
$5,000.00
Install Truncated Domes Per SPPWC Std Plan 111-5
EA
1 $1,000.00
Remove and Construct Type A2-6 Curb and Gutter Per
SPPWC Std Plan 120-2
LF
20 $2,500.00
Remove and Construct Type A2-8 Curb and Gutter Per
SPPWC Std Plan 120-2
LF
30 $3,900.00
Remove and Construct Alley Intersection Per SPPWC Std
Plan 130-2
SF
815
$20,375.00
Remove and Construct Curb Ramp per SPPWC Std Plan
111-5, Case A, Type 1
EA
1 $5,500.00
Remove and Construct Curb Ramp per SPPWC Std Plan
111-5, Case A, Type 3
EA
1 $5,500.00
Remove and Construct Curb Ramp per SPPWC Std Plan
111-5, Case A, Type 6
EA
1 $5,500.00
Remove and Construct Curb Ramp per SPPWC Std Plan
111-5, Case B, Type 2
EA
2 $11,000.00
Remove and Construct Curb Ramp per SPPWC Std Plan
111-5, Case D Type 1
EA
4 $24,000.00
Trim Existing Tree, Prune Roots, and Install Root Barrier per Specification and Detail on Drawing
EA
1 $3,000.00
Install striping complete per plan.
LS
1 $40,000.00
Install sign and/or post complete per plan.
EA
17 $6,800.00
Remove sign and/or post complete per plan.
EA
4 $800.00
Remove and replace in-kind all regulatory and warning
signs throughout the project limits complete per plan.
EA
57 $17,100.00
Construct 8-Inch VCP Sewer Line Per Detail
LF
10 $15,000.00
Install 8-Inch CIPP Liner
LF
205
$20,500.00
CCTV Inspection (Final)
LF
215
$1,505.00
Prepare and Implement Sewer Bypass System
LS
1 $3,500.00
City Council City Council Regular Meeting 184
Total Bid Submittal
$1,651,900.00
Per Lynwood Municipal Code 6-3.16, Any Task Orders in an amount exceeding $50,000 shall require City Council’s Approval. Staff recommends City Council approve on-call engineering service provider Infrastructure Engineer’s task order for Construction Management and Inspection services for the Wright Road Improvement Project in the amount of $112,152.
Infrastructure Engineer’s task order shows that they have the best experience and best value to perform this work.
Project Budget
The table below is the proposed construction cost for this project:
Estimated Construction Cost
Construction Cost
$1,651,900.00
Contingency (10%)
$165,190.00
Construction Management/Inspection
$112,152.00
Project Management/Support (10%)
$165,190.00
Labor Compliance and Other (5%)
$82,568.00
Total Estimated Construction Cost
$2,177,000.00
The project budget is sufficient to cover the street improvements costs. However, the total estimated cost for sanitary sewer repairs per the contractor’s sewer bid schedule is $59,506 which includes contingency and soft cost. Because sewer improvements can only be funded by LUA 2020 Revenue Bonds and there is only $34,003.76 in budget for this project, Staff request from City Council to approve an additional appropriation of $25,502.24 from LUA 2020 Revenue Bonds.
The table below is the proposed funding analysis for this project:
Current Budget
City Council City Council Regular Meeting 185
Surface Transportation Program-Local (STPL)
$1,514,364.00
Measure R
$407,130.00
LUA 2020 Rev Bond
$34,003.76
Measure M
$300,000.00
Proposed Additional Funding
LUA 2020 Rev Bond (Proposed Additional Appropriation)
$25,502.24
Total Proposed Funding Available
$2,281,000.00
Fiscal Impact:
The approved FY24 Budget includes $2,255,497.76 in STPL, Measure R, LUA 2020 Revenue Bonds, and Measure M funds for the Wright Road Improvement Project CIP Project (4011.67.911). An additional appropriation of $25,502.24 is needed to proceed with the project.
APPROPRIATION
FUND
DEPT
DIV
OBJECT
DESCRIPTION
AMOUNT
Budgetary Transfer Out
6305
LUA 2020 Rev Bonds
$25,502.24
Budgetary Transfer In
4011
67 911
62015
Wright Road
Improvement Project
from Fernwood Ave to
Duncan Ave
$25,502.24
Proposed Budget
Surface Transportation Program-Local (STPL)
$1,514,364.00
Measure R FY23
$407,130.00
LUA 2020 Rev Bond FY 23
$34,003.76
LUA 2020 Rev Bond (Additional Appropriation)
$25,502.24
City Council City Council Regular Meeting 186
Sequel Contractors - Wright Road Bid Schedule.pdf
Sequel Contractors - Wright Road Improvements Bid Documents.pdf Wright Road Construction Contract Agreement- Sequel Contractors Inc..pdf 09-19-23 Wright Road Award (Resolution) - PWD Submitted.docx Measure M
$300,000.00
Total Proposed Funding Available
$2,281,000.00
Coordinated With:
City Manager’s Office
City Attorney’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 187
City of Lynwood
STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250 (034), bidding on 07/27/2023 10:00 AM (PDT)
Printed 09/11/2023
PlanetBids
188
City of Lynwood
STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250 (034), bidding on 07/27/2023 10:00 AM (PDT)
Printed 09/11/2023
PlanetBids
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
CITY OF LYNWOOD CONSTRUCTION AGREEMENT
FOR CONSTRUCTION OF PROJECT NO. 4011.67.911 ENTITLED
“WRIGHT ROAD STREET IMPROVEMENT PROJECT FROM FERNWOOD
AVE TO DUNCAN AVE STPL-5250(034) (CIP PROJECT NO. 4011.67.911)”
This agreement (the “Agreement”) is made and entered into on this _19th day of September, 2023_by and between the City of Lynwood, a California Municipal Corporation ("City") and _Sequel Contractors Inc., a General Contractor ("Contractor"). City and Contractor are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
R E C I T A LS
City and Contractor, based upon the mutual promises contained herein, do hereby agree as follows:
I. CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents, the terms and conditions of which are expressly incorporated as component parts of this Agreement as if herein set out in full or attached hereto:
A. Notice Inviting Bids Dated _June 21st, 2023
B. Instructions to Bidders.
C. Addenda.
D. Contractor’s Proposal and Workers’ Compensation Certificate dated July 27, 2023, and all other Documents attached thereto, including but not limited to:
1. Bid Schedule(s)
2. List of Subcontractors
3. Anti-Trust Claim
4. Non-Collusion Affidavit
5. Bidder’s General Information
6. Bid Bond (Bid Security Form)
7. Bidder’s Insurance Statement
E. Payment Bond.
F. Performance Bond.
G. Certificates/Proof of Insurance and Endorsements.
H. Certified Copy of the Lynwood City Council Resolution, not required.
I. Notice of Award dated September 20, 2023.
J. Notice to Proceed dated ______TBD________.
K The Plans (Contract Drawings).
L. Special Provisions
M. Standard Specifications for Public Works Construction, “Greenbook” latest Edition.
N. Appendices A through E of the Contract Documents.
O. Reference Specifications.
P Approved and Fully-Executed Change Orders.
227
Q. The Director of the Department of Industrial Relations’ Determination of Prevailing Wage Rates for Public Works for each craft or type of worker required to perform the Work under this Agreement.
228
II. CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept as full payment for the Work outlined in the Contract Documents, the Contract Price of ONE MILLION SIX HUNDRED FIFTY ONE THOUSAND NINE HUNDRED DOLLARS ($1,651,900) subject to additions and deductions, if any, made in accordance with said Contract Documents. Progress payments shall not be made more often than once each thirty (30) days, nor shall progress payments paid be in excess of ninety percent (95%) of the Contract Price at time of completion. Final payment to Contractor will be processed thirty-five (35) days after the City has recorded the Notice of Completion. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.
Payment of undisputed amounts due under this Agreement, including the final payment due hereunder, is contingent upon the Contractor furnishing to the City an unconditional release by the Contractor of all claims against the City arising by virtue of this Agreement related to those amounts. Disputed claims in stated amounts may be specifically excluded by Contractor from the operation of any release. No payment, final or otherwise, shall operate to release the Contractor or its sureties from obligations arising under this Agreement or the bonds and warranties furnished hereunder. No payment shall be construed as an acceptance of any of the Work or of defective or improper materials.
III. BONDS
Within ten (10) calendar days of receiving the Notice of Award and prior to Contractor’s commencement of the Work, Contractor shall furnish to City, using the forms set forth in the Bid Documents, a Labor and Materials Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price, said bonds to be in conformance with the Contract Documents, including but not limited to, the General Specifications and Subsection 2.2.2 of the Special Provisions.
229
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, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Agreement, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such suit, action or other legal proceeding.
Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by California Civil Code Section 2782.
This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City.
V. INSURANCE
Without limiting Contractor’s indemnification of Indemnitees as set forth in Section IV of this Agreement, Contractor shall obtain, provide and maintain, at its own expense, the types and amounts of insurance described in Subsection 2.7.2 of the Special Provisions of the Contract Documents. Such insurance shall be in force prior to Contractor commencing any Work under this Agreement and shall remain in force for the duration of this Agreement and for any other such period as may be required herein. Contractor shall provide proof of the required insurance coverage and the endorsements specified in Subsection 2.7.2 of the Special Provisions within ten (10) calendar days of receipt of the Notice of Award.
VI. INELIGIBLE SUBCONTRACTORS
In accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not perform any work under this Agreement with a subcontractor who is ineligible to perform work on a public works contract pursuant to Sections 1777.1 and 1777.7 of the California Labor Code. Contractor further acknowledges that any contract on a public works project entered into between a contractor and debarred subcontractor is void as a matter of law, and a debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works 230
contract. Any public money that is paid or may have been paid to a debarred subcontractor by a Contractor for work performed on this Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who have been allowed to work on the Project.
VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES
The Contractor shall commence the Work required by this Agreement within ten (10) calendar days of the date specified in the Notice to Proceed from the City, and shall complete all Work as specified in the Contract Documents within SIXTY THREE (63) CALENDAR DAYS from the date in said Notice.
City and Contractor have discussed the provisions of Government Code Section 53069.85 and the damages that may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of working days allowed. Accordingly, City and Contractor agree that the sum of $500.00 per calendar day is a reasonable sum to assess as Liquidated Damages to City by reason of the failure of Contractor to complete the Work within the time specified.
VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861
By signing this Agreement, Contractor makes the following certification required by Section 1861 of the California Labor Code:
“I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of any Work under this Agreement.”
IX. APPRENTICES
The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.
X. SUBSTITUTION OF SUBCONTRACTORS
The Contractor hereby agrees to reimburse the City for costs incurred by the City in the substitution of subcontractors. Where a hearing is held pursuant to the provisions of Section 4100 et seq. of the Public Contract Code by the City or a duly appointed hearing officer, the Clerk of the City of Lynwood shall prepare and certify a statement of all costs incurred by the City for investigation and conduct of the hearing, including the costs of any hearing officer and shorthand reporter appointed.
The statement shall then be sent to the Contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to the Contractor prior to the City’s acceptance of the Project. 231
XI. LICENSES
Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this Agreement shall be cause for the immediate and summary termination of this Agreement by City. Contractor shall be liable for all City's costs incurred to complete the Work under this Agreement in the event of such termination.
XII. EMPLOYMENT DISCRIMINATION PROHIBITED
Pursuant to California Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation in the performance of Work under this Agreement. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation.
XIII. PREVAILING WAGES
The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the work covered by this Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws as set forth in the foregoing statutes and in the Special Provisions of the Contract Documents.
XIV. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrants and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder.
232
XV. ASSIGNMENT; GOVERNING LAW
This Agreement may not be assigned by Contractor, in whole or in part, without the prior written consent of the City. This Agreement and any dispute arising hereunder shall be governed by the law of the state of California.
XVI. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Contractor’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section.
City Contractor
City of Lynwood _______________________________
Attn: City Engineer Attn: ___________________________ 11750 Alameda Street _______________________________
Lynwood, CA 90262 _______________________________
Fax No. (310) 635-0493 Fax No.________________________
XVII. ATTORNEYS FEES
Should either Party bring any action to protect or enforce its rights under this Agreement or the Contract Documents, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorney’s fees and costs.
XVIII. WARRANTY
All Work shall be warranted by Contractor against defective workmanship and materials for a period of one (1) year form the date the Work is accepted as complete by the Lynwood City Council. The contractor shall replace or repair any such defective work in a manner satisfactory to Engineer, following notice from Engineer specifying the work to be done and the time in which replacement or repair shall be completed. If Contractor fails to make such replacement or repair within the time specified in the notice, the City may perform the needed repairs and Contractor’s sureties shall be liable for the cost thereof.
XIX. ENTIRE AGREEMENT, WAIVER AND MODIFICATION
This Agreement contains the completely final, entire, and exclusive agreement between the Parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless made in writing signed by both Parties. Any attempted modification, amendment, or alteration in violation hereof shall be void.
233
IN WITNESS WHEREOF, each of the Parties hereto has caused the Agreement to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written.
CITY OF LYNWOOD CONTRACTOR
____________________________
LEGAL NAME OF FIRM
By: _____________________________ By:__________________________ Ernie Hernandez Signature of Chairman of Board, Mayor President, or Vice President
Attest:
_____________________________
(Typed/Printed Name)
By: ____________________________ _____________________________ Maria Quiñónez (Title)
City Clerk
By:___________________________
Signature of Secretary, Assistant
Approved as to Form: Secretary, CFO, or Assistant Treasurer
By: ____________________________ ______________________________ Noel Tapia (Typed/Printed Name)
City Attorney
______________________________
(Title)
[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
234
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 September 19, 2023 (referred to hereinafter as the “Agreement”) with Sequel Contractors Inc. (hereinafter designated as “Contractor” or "Principal"), for construction of, WRIGHT ROAD STREET IMPROVEMENT PROJECT FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034) (CIP PROJECT NO. 4011.67.911) (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 _ ONE MILLION SIX HUNDRED FIFTY ONE THOUSAND NINE HUNDRED Dollars ($1,651,900) lawful money of the United States, said sum being not less than 100 percent of the total amount payable by the City under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the undertakings, terms, covenants, conditions and agreements set forth in the Agreement and any alteration thereof made as therein provided, on his/her or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers, officials, employees, authorized agents and volunteers, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought on this bond, said Surety will pay to City a reasonable attorney's fee to be fixed by the Court. 235
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 caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Agreement, the Surety shall remedy the default pursuant to the Agreement, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Agreement; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to the Project or to the Work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the Project, or to the Work or to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.
236
No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this _____ day of _______________, ________, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
PRINCIPAL:
(seal)
_______________________________
By ____________________________
SURETY:
(seal)
_______________________________
By ____________________________
Attorney-in-Fact
The rate of premium on this bond is ____ per thousand. The total amount of premium charged, $_______________. (These blanks must be filled in by corporate surety.)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended). Notary acknowledgements for Principal and Surety signatures and Power of Attorney for Surety must be attached. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of Agent/Representative in California if different)
__________________________________ ___________________________________________________ _________________________________ ___________________________________________________ (Telephone Number of Surety/Agent ___________________________________________________ Or Representative in California
237
STATE OF CALIFORNIA )
) ss.
COUNTY OF _______________ )
On this _____ day of _______________, in the year _____, before me, __________________________, a Notary Public in and for said state, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the (Surety) and acknowledged to me that he/she subscribed the name of the
(Surety) thereto and his/her own name as Attorney-in-Fact.
_____________________________________
Signature of Notary Public in and for said State
(SEAL)
My commission expires on: _____________
NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______________________________________, certify that I am the ________________________________ Secretary of the corporation named as Principal to the within bond; that _________________ _________________________ who signed the said bond on behalf of the principal was then ___________________________ of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing board.
_______________________________
Signature of Corporate Principal
238
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 September 19, 2023 (referred to hereinafter as the “Agreement”) with Sequel Contractors, Inc. (hereinafter designated as the "Contractor" or “Principal”), for WRIGHT ROAD STREET IMPROVEMENT PROJECT FROM FERNWOOD AVE TO DUNCAN AVE STPL-5250(034) (CIP PROJECT NO. 4011.67.911).
WHEREAS, Contractor is required to furnish a bond in connection with the Agreement, and pursuant to Section 3247 of the California Civil Code.
NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the penal sum of ONE MILLION SIX HUNDRED FIFTY ONE THOUSAND NINE HUNDRED Dollars ($1,651,900), lawful money of the United States, said sum being not less than 100 percent of the total amount payable by City under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his/her or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, items, implements or machinery used in, upon, for or about the performance of the Work required by the Agreement; or fails to pay (1) any of the persons named in Civil Code Section 3181, (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Agreement, or (3) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor provided pursuant to the Agreement, said Surety will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond, said Surety will pay to City a reasonable attorney's fee to be fixed by the Court. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same; shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or 239
to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.
No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument this _____ day of ____________, _____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
PRINCIPAL:
(seal)
_______________________________
By _____________________________
SURETY:
(seal)
_______________________________
By _____________________________
Attorney-in-Fact
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended). Notary acknowledgements for Principal and Surety signatures and Power of Attorney for Surety must be attached. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of Agent/Representative in California if different) ________________________________ ___________________________________________________________ ___________________________________ ___________________________________________________________________ __________________________________ _________________________________________________________________ (Telephone Number of Surety/Agent _________________________________________________________________ or Representative in California)
240
STATE OF CALIFORNIA )
) ss.
COUNTY OF _______________ )
On this _____ day of _______________, in the year _____, before me, __________________________, a Notary Public in and for said state, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the (Surety) and acknowledged to me that he/she subscribed the name of the
(Surety) thereto and his/her own name as Attorney-in-Fact.
_____________________________________
Signature of Notary Public in and for said State
(SEAL)
My commission expires on: _____________
NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______________________________________, certify that I am the ________________________________ Secretary of the corporation named as Principal to the within bond; that _________________ _________________________ who signed the said bond on behalf of the principal was then ___________________________ of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing board.
_______________________________
Signature of Corporate Principal
241
(CORPORATE SEAL)
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 the City. The required insurance shall be provided by the Contractor in conformance with the requirements of Subsection 2.7.2 of the Special Provisions and may include the following:
Workers' Compensation Insurance
Commercial General Liability and Business 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 provisions of Subsection 2.7.2 of the Special Provisions. All insurance required shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and shall contain the endorsements specified in Subsection
2.7.2. Within ten (10) calendar days after receipt of the Notice of Award, Contractor shall furnish to the City for approval as to sufficiency and form, certificates of insurance and original endorsements evidencing the required coverage set forth in Subsection 2.7.2 of the Special Provisions. Endorsements and certificates are to be signed by a person authorized by the insurer to bind coverage on the insurer’s behalf. If the insurance called for is provided by more than one company, a separate certificate and the required endorsements shall be provided by each company.
City reserves the right to request complete, certified copies of all required insurance policies and endorsements at any time.
Failure to provide City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award, may result in withdrawal of award and forfeiture of the Bidder's Bid Security.
242
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 requires the payment of not less than the general prevailing rate of per diem wages and rates for holiday and overtime and adherence to all labor standards and regulations. The General Prevailing Wages Rates may be adjusted throughout the term of this Agreement.
Notwithstanding any other provision of this Agreement, Contractor shall not be entitled to any adjustment in compensation rates in the event there are adjustments to the General Prevailing Wages Rates.
B. Reports. Contractor shall not perform on site work on this contract until labor compliance documents are filed. Contractor agrees to cooperate with the City to fulfill its notifications requirement to the DIR, as required by DIR’s PWC-100 form or any other required form, and Contractor agrees to provide to the City the information required by the DIR, as generally set forth in Labor Code Section 1773.3. By signing this form, Contractor, and all of its subcontractors, represents that it has registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions under Labor Code section 1771.1(a)] and paid the annual fee due to the DIR, unless the Contractor meets an exception recognized by the DIR or by the law.
C. Furnishing of Electronic Certified Payroll Records to Labor Commissioner.
Contractor and subcontractor agree to furnish the required electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement), in the manner and under the time frame required by law.
D. Audit Rights. All records or documents required to be kept pursuant to this Agreement to verify compliance with the Wage Requirement shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be available at CONTRACTOR’s address indicated for receipt of notices in this Contract.
243
E. Enforcement.
1. General. CONTRACTOR acknowledges it has read and understands that, pursuant to the terms and conditions of this Agreement, it is required to comply with the Wage Requirement and to submit certain documentation to the City establishing its compliance with such requirement. (“Documentation Provision.”) CONTRACTOR further acknowledges the City has determined that the Wage Requirement promotes each of the following (collectively “Goals”):
a. It protects public job opportunities and stimulates the City’s economy by reducing the incentive to recruit and pay a substandard wage to labor from distant, cheap-labor areas.
b. It benefits the public through the superior efficiency of well-paid employees.
c. It increases competition by promoting a more level playing field among contractors with regard to the wages paid to workers.
2. CONTRACTOS’s Breach of Prevailing Wage/Living Wage Provisions.
WITHOLDING OF PAYMENT: CONTRACTOR agrees that the
Documentation Provision is critical to the City’s ability to monitor CONTRACTOR’s compliance with the City’s public wage obligations.
CONTRACTORS further agrees its breach of the Documentation Provision or general public wage obligations results in the need for additional enforcement action to verify compliance with this Addendum. In light of the critical importance of the Documentation Provision, the City and CONTRACTOR agree that CONTRACTOR’s compliance with this Addendum is an express condition of City’s obligation to make each payment due to the CONTRACTOR pursuant to this Agreement. THE CITY IS NOT OBLIGATED
TO MAKE ANY PAYMENT DUE THE CONTRACTOR UNTIL
CONTRACTOR HAS PERFORMED ALL OF ITS OBLIGATIONS UNDER
THESE PROVISIONS. THIS PROVISION MEANS THAT CITY CAN
WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL REQUIRED DOCUMENTATION IS SUBMITTED. Any payment by the City despite CONTRACTOR’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Documentation Provision or public wage obligations of the Contractor and the City.
244
1 RESOLUTION NO. ____
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO SEQUEL CONTRACTORS INC. FOR THE STREET IMPROVEMENT
PROJECT WRIGHT ROAD FROM FERNWOOD AVENUE TO DUNCAN AVENUE STPL- 5250(034) (CIP PROJECT NO. 4011.67.911); AUTHORIZING THE CITY MANAGER TO
APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.”
WHEREAS, the City receives Surface Transportation Program-Local (STPL) funding annually, and
WHEREAS, City staff notified Los Angeles County Metropolitan Authority of its intent to use STPL funds for the Wright Road Improvement Project; and WHEREAS, On June 20, 2023, Staff received approval to Solicit Bids for the Wright Road Improvement Project; and
WHEREAS, On June 21, 2023, Staff uploaded a Notice Inviting Bids for the Wright Road Street Improvement Project; and
WHEREAS, On July 27, 2023, the bid opening took place and Staff received the following four (4) bids:
Bidders Bid Amount
1. Hardy and Harper, Inc. $1,480,000.00
2. Sequel Contractor, Inc. $1,651,900.00
3. Excel Paving $1,674,595.00
4. All American Asphalt $1,836,010.00
.; and
WHEREAS, the apparent lowest bidder, Hardy and Harper, Inc., did not have the correct Disadvantaged Business Enterprise (DBE) documents as required for STPL funding; and
WHEREAS, Staff consulted with the City Attorney’s office and determined that Hardy and Harper is disqualified from being awarded the construction project; and WHEREAS, Sequel Contractor Inc. was the lowest responsible bidder with a low base bid of $1,651,900.00; and
WHEREAS, the City received a proposal from on call engineering consultant Infrastructure Engineers in the amount of $112,152 for Construction Management and Inspection services; and
WHEREAS, the current project budget is $2,255,497.76 from Measure R, STPL, LUA 2020 Revenue Bonds, and Measure M funds; and
245
1 WHEREAS, an additional appropriation of $25,502.24 is needed from LUA 2020 Revenue Bonds in order to cover the street improvements costs and to award the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this resolution as substantive findings.
Section 2. The City Council of the City of Lynwood authorizes the City Manager to approve the transfer funds for the following appropriation:
APPROPRIATION
FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
6305 LUA 2020 Rev
Bonds FUND
$25,502.24
Budgetary Transfer In
4011 67 911 62015 Wright Road
Improvement
Project from
Fernwood Ave to
Duncan Ave
$25,502.24
Section 3. The project budget increased from $2,255,497.76 to $2,281,000.
Section 4. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and Sequel Contractor Inc. in a form approved by the City Attorney in the amount of $1,651,900.
Section 5. 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 6. The City Council of the City of Lynwood approves construction management and inspection services from on call engineering consultant Infrastructure Engineers under LMC 6-3.16.
Section 7. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 8. This resolution shall take effect immediately upon its adoption. 246
3 Section 9. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
247
4 PASSED, APPROVED and ADOPTED this 19th day of September 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
Julian Lee
Director of Public Works
248
5 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 19th day of September 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 19 th day of September 2023.
Maria Quinonez, City Clerk
249