Agenda — Lynwood City Council, October 3, 2023 (part 2 of 2)

No. Street From To Skin Patch 2" Grind and
Overlay
Adjust Manhole
Cover
Adjust Water
Valve Cover
1 Arlington Ave Atlantic Ave Gibson Ave 1,000 24
2 Carlin Ave Atlantic Ave MillRace Ave 324
3 Carlin Ave Halo Dr Olanda St
4 Cortland St Atlantic Ave Duncan Ave 4,600 2300 2
5 Cortland St El Granda Ave Louise Ave 800 390
6 Cortland St Lugo Park Ave Wright Rd
7 Duncan Ave Sanborn Ave MLK Jr. Blvd 2,800 300
8 Duncan Ave MLK Jr. Blvd Walnut Ave 100 1
9 Duncan Ave Walnut Ave Cortland St 550
10 Duncan Ave Josephine St Lavinia Ave 160
11 Edgebrook Ave Rayborn St Olanda St
12 Edgebrook Ave Olanda St Fertile St
13 El Granada Ave Cortland St Fernwood Ave
14 First Ave Josephine St Agnes Ave
15 Josephine St Duncan Ave Wright Rd 30
16 Lugo Park Ave Cortland St Fernwood Ave
17 McMillan St Wright Rd E.O.P. 400 1
18 Niland St Virginia Ave Duncan Ave
19 Niland St Duncan Ave Wright Rd
20 Pendleton Ave Atlantic Ave City Limit 1,300 1200
21 Phillips Ave Lavinia Ave Clark St 7,000
22 Pope Ave Sanborn Ave MLK Jr. Blvd
23 Pope Ave Walnut Ave Cortland St
24 Pope Ave Cortland St Fernwood Ave
25 Vieta Ave Cortland St Fernwood Ave
26 Virginia Ave Los Flores Blvd Elmwood Ave 7,500
27 Virginia Ave Beechwood Ave Sanborn Ave 4,200 700 2 2 28 Virginia Ave MLK Jr. Blvd Walnut Ave
29 Virginia Ave Josephine St Lavinia Ave 1,100
30 Virginia Ave Lavinia Ave Niland St 3,800 750 1 1
31 Virginia Ave Niland St Alvada St 2,500
32 Virginia Ave Alvada St Clark St
33 Wright Rd Fernwood Ave Josephine St 1,200 2840
34 Wright Rd Josephine St Lavinia Ave 1,300
35 Wright Rd Lavinia Ave Niland St
36 Wright Rd Niland St Clark St
37 Wright Rd Clark St Pelluer St 1,500
38 Wright Rd Pelluer St Rayborn St
39 Wright Rd Olanda St McMillan St 550
41,810 10,349 7 3
SF SF EA EATotal
170
85 APPENDIX “C”

STANDARD PLANS
171
86 LIST OF STANDARD PLANS
Pl
an No. Description
CALTRANS:

A20A, A
20B & A20D Pavement Markers and Traffic Lines
A24A, A24B, A24C, A24D, Pavement Markings Arrows, Symbols, Numerals, A24E, A24F & A24G Words, Limit Lines, Crosswalks
172
173
174
175
176
177
178
179
180
181
182
87 APPENDIX “D”

CONTRACT CHANGE ORDER (CCO) FORM
183
88 CONTRACT CHANGE ORDER (CCO) FORM
CITY

OF LYNWOOD
DEP

ARTMENT OF PUBLIC WORKS
Date: ______________CCO No. _______
Project Title: Citywide Slurry Seal (PHASE 4) Project, FY 2023/2024 Plan Reference: _________________________Item Reference: _______________________________ Contractor:
_________________________________________________________________________________ Show as sep arat e numbered paragraphs: (1) Reason for Change; (2) Description of Change; (3) Location of change (Stations, etc.); (4) Change in Contract Cost; (5) Extension of Contract, if warranted; (6) New Contract Total Including All Change Orders.
184
89 APPENDIX “E”

SUBSTITUTION REQUEST FORM
185
90 SUBSTITUTION REQUEST FORM
TO:
____________________________________________________________________________________________ PROJECT: CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024 PROJECT NO:

OWNER: CI

TY OF LYNWOOD

SPECIFIED I
TEM:
__________________ ____ _________ _____________________________________________________ Section Page Para graph Description
The unders
igned requests consideration of the following:

PROPO
SED SUBSTITUTION: ______________________________________________________________ Att
ached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the request. Applicable portions of the data are clearly identified.

The unde
rsigned states that the following paragraphs, unless modified on attachments, are correct:

1. The pr
oposed substitution does not affect dimensions shown on Drawings and will not require a change in any of the Contract Documents.

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

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

4. Mai
ntenance and service parts will be locally available for the proposed substitution.

5. T
he incorporation or use of the substitute in connection with the work is not subject to payment of any license fee or royalty.

The under
signed further states that the function, appearance, and quality of the Proposed Substitution are equivalent or superior to the Specified Item.

Submitted by Contractor: Reviewed by Engineer:

SIG
NATURE: ____________________________________ □ ACCEPTED FIRM: _
_________________________________________ □ ACCEPTED AS NOTED ____________
___________________________________ □ NOT ACCEPTED
DATE:
_________________________________________ □ RECEIVED TOO LATE TELEPH
ONE: ______________________________ BY: ___________________________________________ TIT
LE: ________________________________________
DAT
E: ________________________________________
ATTAC
HMENTS: ___________________________ REMARKS: ___________________________________ 186
91 APPENDIX F

Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 187
92 Labor Code Section 1771
Requirement of prevailing local rate for work under contract

Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

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

Labor Code Section 1775
Forfeiture for paying less than prevailing wage rates; Amount of penalty; Payments to workers; Liability of prime contractor; Notification of complaint

(a)

(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.

(2)

(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:

(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.

(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.

(B)

(i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereo f, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.

(ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.

(iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1.

(C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. 188
93 (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.

(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with.

(b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:

(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

(4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.

(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages

Labor Code Section 1777.5
Employment of apprentices on public works

(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.

(b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.

(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:

(1) The apprenticeship standards and apprentice agreements under which he or she is training.

(2) The rules and regulations of the California Apprenticeship Council. 189
94 (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).

(e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months.

(f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities.

(g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification.

(i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).

(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship 190
95 Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.

(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:

(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.

(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.

(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.

(4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

(l) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.

(m)

(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.

(2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of tr aining apprentices. The funds shall be distributed as follows:

(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.

(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program.

(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards.

(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprent iceship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards.
191
96 (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.

(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).

(p) All decisions of an apprenticeship program under this section are subject to Section 3081.

Labor Code Section 1776

Payroll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(1) The information contained in the payroll record is true and correct.

(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:

(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the D ivision of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.

(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).

(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.

(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's 192
97 name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and socia l security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter.

(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.

(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penal ty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.

(i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) gov
erning the release of these records, including the establishment of reasonable fees to be charged f or reproducing copies of records required by this section.

Labor Code Section 1813
Penalty when workman required to work excess hours; Stipulation in contract; Cognizance and report of violations

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

Labor Code Section 1815
Work performed in excess of specified hour limitations; Compensation

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.

193
98 APPENDIX “G”

PROJECT SIGNS

194
Example

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
(PROJECT NO. 4011.68.128)
FUNDING SOU RCES: TBD
Oscar Flores
MAYOR
Rita Soto Gabriela Camacho
Mayor Pro-Tem Council Member
Juan Muñoz-Guevara José Luis Solache
Council Member Council Member
Ernie Hernandez
City Manager
195
99 APPENDIX “H”

Trash Collection Schedule
196
197
100
APPENDIX “I”

PLANS (CONTRACT DRAWINGS)
Project Title:

CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
Project Number: CITY OF LYNWOOD
198
GENERAL CONSTRUCTION NOTES:

SLURRY SEAL PROJECT- PHASE 4.

FY 2023-2024

INFRASTRUCTURE

ENGINEERS

INDEX OF DRAWINGS
SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)

TITLE SHEET AND GENERAL CONSTRUCTION NOTES
C-1

DEPARTMENT OF PUBLIC WORKS
199

AREA MAP

LOS ANGELES COUNTY
Project
Location

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)

AREA MAP
C-2

NOT TO SCALE
200

CITY MAP

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)

CITY MAP
C-3
201

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)

LIST OF STREETS
C-4

LIST OF STREETS
202

INFRASTRUCTURE

ENGINEERS

TYPICAL SECTION
SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)

TYPICAL SECTION
C-5
203

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)

PROJECT LOCATION MAP
C-6
LEGEND:

MATCHLINE SEE C-7
204

INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)

PROJECT LOCATION MAP
C-7
MATCHLINE SEE C-6
LEGEND:
205
1 RESOLUTION NO. ____

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

PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF NOTICE INVITING BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024 (CIP PROJECT NO. 4011.68.128)
WHEREAS, The City of Lynwood has implemented a citywide slurry seal program; and
WHEREAS, the citywide slurry seal program is currently on Phase 3 and 4 of this four-phase program; and
WHEREAS, the Project scope of work includes pavement slurry seal, including pavement cold milling and overlay, and street pavement restriping at multiple locations; and
WHEREAS, City staff evaluated the Fiscal Year 2023-2024 funding for this project and have determined that the City is able to solicit bids with no additional appropriation needed; and
WHEREAS, The City’s FY 23-24 CIP budget includes $1,345,000 of the following funds for this project: General Fund - $340,000, Gas Tax - $224,000, SB1 - $102,500, Measure M - $214,000, Prop C - $375,500, Measure R $90,000; and WHEREAS, the estimated project expenditure has a total cost of $872,000; and WHEREAS, staff recommends that the City Council authorize the issuance of a Notice Inviting Bids to obtain bids from qualified contractors to complete the Citywide Slurry Seal (Phase 4) 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. That the City Council approves the plans and specifications for The Citywide Slurry Seal (Phase 4) Project for FY 2023-24.

Section 3. That the City Council authorizes staff to issue a Notice Inviting Bids for the Citywide Slurry Seal (Phase 4) Project for FY 2023-24.

Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
206
2 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)
207
3 PASSED, APPROVED and ADOPTED this 3rd day of October 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
208
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 3 rd day of October 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 3rd day of October 2023.

Maria Quinonez, City Clerk
209

AGENDA STAFF REPORT

DATE:

October
3, 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 GENTRY BROTHERS INC. FOR CIP
PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B (CIP
4011.68.123) AND APPROVAL OF TRANSFER OF FUNDS FROM CIP PROJECT (4011.68.127 & 4011.68.128)
Agenda Item # 9.2.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO GENTRY BROTHERS INC. FOR THE CIP PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B (CIP 4011.68.123), AUTHORIZING THE CITY

MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT

AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND APPROVING THE TRANSFER OF FUNDS FROM CIP PROJECT ACCOUNTS 4011.68.127 AND 4011.68.128”.

Background:

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

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

City Council City Council Regular Meeting 210
Staff have consulted with on-call consultant Infrastructure Engineers for preparing the plans and specifications for this project. Staff has reviewed the plans and specifications and created a staff report to send to City Council for approval.

On August 15, 2023, The City Council approved the plans and specifications for the Priority 2 Phase 2B Project. With plans and specifications approved, staff sent out a Notice Inviting Bids for the Priority 2 Phase 2B project.

Discussion and Analysis:

The project consists of, but is not limited to, the following work: street resurfacing, ADA compliant curb ramps, gutters, driveway approaches, traffic signing and striping, and utility cover adjustments. The project street segments are as follows:

Street Name
From
To
Alpine Avenue
Euclid Avenue
Cedar Avenue
Lyndora Avenue
Bullis Road
Hulme Avenue
Thorson Avenue
Shirley Avenue
Alberta Street
Muriel Drive
Agnes Avenue
Louise Street

On August 21, 2023, Staff uploaded a Notice Inviting Bids for the Priority 2 Phase 2B Project to the City website (Planetbids). On September 18, 2023. The bid opening took place and Staff received the following six (6) bids:

Bidders
Bid Amount

1. Gentry Brothers, Inc
$1,479,484.04

2. Sequel Contractor, Inc.
$1,652,341.00

3. Sully-Miller Contracting Company
$1,807,233.40

4. Hardy & Harper, Inc.
$1,811,000.00

5. All American Asphalt
$1,994,607.85

6. Copp Contracting, Inc.
$2,140,499.25

An analysis of all bidders was conducted, including a review of their bid schedule, license, references, and required documents. Gentry Brothers, Inc. was the apparent lowest City Council City Council Regular Meeting 211
responsible bidder with a low base bid of $1,479,484.04. The bidder’s previous performance reveals that the contractor has the necessary experience and the contractor’s license for this type of project.

It is estimated that this project will take approximately sixty-five (65) calendar days to complete the work set forth in the specifications. Upon authorization, Staff will circulate the contract documents, set up a pre-construction meeting, and schedule work to commence.

Contractor’s Bid Items:

The table below is the total proposed cost for the bid items provided by Gentry Brothers Inc.:

Item Description
Unit of
Measure
Quantity
Cost
Mobilization
LS
1 $32,000.00

Traffic Control
LS
1 $339,544.54

Sawcut and Remove Existing AC Pavement
CY
3411
$272,880.00

Cold Mill Existing Asphalt Concrete (AC)
pavement (2” depth)
SF
37619
$18,809.50

Sawcut and Remove Existing Concrete
Sidewalk
SF
412
$2,060.00

Sawcut and Remove Existing Concrete Curb
and/or Curb & Gutter
LF
52 $1,820.00

Sawcut and Remove Existing AC Driveway
Approach
SF
93 $465.00

Prune Tree Roots and Install Root Barriers
EA
17 $15,300.00

Remove Post and Salvage Sign
EA
2 $250.00

Sawcut, Remove and Construct Concrete Curb
and/or Curb & Gutter
LF
329
$27,965.00

Sawcut, Remove and Construct Concrete Curb
Ramp
EA
18 $144,000.00

Sawcut, Remove and Construct Concrete
Cross Gutter
SF
135
$1,755.00

Sawcut, Remove and Construct Concrete
Sidewalk (4”-Thick)
SF
2568
$23,112.00

Sawcut, Remove and Construct Concrete
Sidewalk (6”-Thick)
SF
821
$8,210.00

Sawcut, Remove and Construct Concrete
Driveway Approach (6"-Thick)
SF
1162
$11,620.00

City Council City Council Regular Meeting 212
Remove Existing Speed Bump and Construct
AC Speed Bump
EA
2 $3,400.00

Construct Concrete Alley Intersection
SF
509
$7,635.00

Construct 6" Thick Concrete Driveway
Approach
SF
92 $920.00

Construct Concrete Curb Ramp
EA
2 $16,000.00

Construct 6" Thick Concrete Sidewalk at
Driveway
SF
47 $658.00

Furnish and Install New Post for Sign
EA
3 $3,000.00

Furnish and Install Detectable Warning
Surface (Truncated Domes)
EA
2 $1,200.00

Provide and Place 6" Thick Crushed
Aggregate Base
CY
1692
$109,980.00

Construct 1" Thick AC Leveling Course
TON
616
$58,520.00

Construct 2'' Thick ARHM Overlay
TON
464
$53,360.00

Construct 4'' Thick ARHM Overlay
TON
2463
$283,245.00

Adjust Existing Storm Drain/ Sewer/ Utility
Manhole Frames and Covers to Finished
Grade
EA
16 $12,800.00

Adjust Existing Water Valve Cans and Covers
to Finished Grade
EA
15 $1,875.00

Adjust Existing Water Meter and Cover to
Finished Grade, Replace Broken Cover/Box
EA
1 $700.00

Traffic Signing, Striping, Markings, House
Address and Curb Painting
LS
1 $20,000.00

Install Public Improvement Project Signs
EA
8 $6,400.00

Total Bid Submitted
$1,479,484.04

Staff submitted a request for Construction Management and Inspection Services from a list of on call consultants. Per Lynwood Municipal Code 6-3.16, any task order in an amount exceeding $50,000 shall require City Council’s approval. Staff recommends City Council approve a task order from Transtech Engineers for construction management and inspection services for the Priority 2 Phase 2B Project in the amount of $123,757. Transtech Engineers task order shows that they have the experience and offer the best value for this work.

Project Budget

The table below is the proposed construction cost for this project:

City Council City Council Regular Meeting 213

Estimated Construction Cost
Construction Cost
$1,479,484.04
Contingency (10%)
$147,900.00
Construction Management/Inspection
$123,757.00
Project Management/Support (8.5%)
$125,800.00
Labor Compliance and Other (5%)
$75,058.96
Total Estimated Construction Cost
$1,952,000.00

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

Current Budget

SB1
$397,500.00
Measure M Bond
$452,000.00
Measure M
$500,000.00
Measure R
$100,000.00
Gas Tax
$102,500.00
Total Project funding
$1,552,000.00

The current project budget is insufficient to cover the proposed construction cost and additional funds are needed in order to continue with the project. Staff recommends transferring funds from CIP Projects Slurry Seal Phase 3 (CIP Project No. 4011.68.127) and Slurry Seal Phase 4 (CIP Project No. 4011.68.128) into the Priority 2 Phase 2B Project (CIP Project No. 4011.68.123).

The table below is the proposed budget for this project:

Proposed Budget

SB1
$397,500.00
Measure M Bond
$452,000.00
Measure M
$500,000.00
Measure R
$100,000.00
Gas Tax
$102,500.00
Transfer from Slurry Seal Phase 3

Measure M
$111,000.00
Measure R
$39,000.00
City Council City Council Regular Meeting 214
Transfer from Slurry Seal Phase 4

Gas Tax
$150,000.00
Measure M
$100,000.00
Total Proposed Project Funding
$1,952,000.00
Fiscal Impact:

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

SB1
$397,500.00
Measure M Bond
$452,000.00
Measure M
$500,000.00
Measure R
$100,000.00
Gas Tax
$102,500.00
Current Project Budget
$1,552,000.00

Additional funding is needed. Funds will be appropriated from the Citywide Slurry Seal Phase 3 and the Citywide Slurry Seal Phase 4 projects as shown below:

REDUCTION
FUND
DEPT
DIV
OBJECT

DESCRIPTION
AMOUNT
Budgetary Transfer Out
4011
68 127
62015
Slurry Seal Phase 3
$150,000.00
4011
68 128
62015
Slurry Seal Phase 4
$250,000.00
Budgetary Transfer In
2101

Gas Tax
$150,000.00
2350

Measure M
$211,000.00
2352

Measure R
$39,000.00

APPROPRIATION
FUND
DEPT
DIV
OBJECT

DESCRIPTION
AMOUNT
City Council City Council Regular Meeting 215
P2P2B-Gentry Brothers Inc. Bid Documents.pdf
10-03-2023 P2P2B Project Award (Resolution) - PWD.docx
Priority 2 Phase 2B Contract Agreement.pdf
Budgetary Transfer Out
2101

Gas Tax
$150,000.00
2350

Measure M
$211,000.00
2352

Measure R
$39,000.00
Budgetary Transfer In
4011
68 123
62015
Priority 2 Phase 2B
$400,000.00
Coordinated With:

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

Description
City Council City Council Regular Meeting 216
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1 RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO GENTRY BROTHERS INC. FOR THE CIP PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B (CIP 4011.68.123), AUTHORIZING THE CITY

MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE

PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND

APPROVING THE TRANSFER OF FUNDS FROM CIP PROJECT ACCOUNTS 4011.68.127 AND 4011.68.128
WHEREAS, the City of Lynwood has implemented a multiphase street improvement program. The street improvement program is currently on Phase 2; and WHEREAS, the CIP Priority 2 Street Improvement Project Phase 2B (CIP 4011.68.123) (“Project”) consists of street resurfacing; ADA compliant curb ramps, gutters, driveway approaches; traffic signing and striping; and utility covers; and WHEREAS, Infrastructure Engineers has prepared plans and specifications for the street improvements; and
WHEREAS, the project street segments are: Alpine Avenue from Euclid Avenue to Cedar Avenue, Lyndora Avenue from Bullis Road to Hulme Avenue, Thorson Avenue from Shirley Avenue to Alberta Street, and Muriel Drive from Agnes Avenue to Louise Street; and
WHEREAS, the Notice Inviting Bids was published on the City’s Website (PlanetBids) on August 21, 2023 and bid opening took place on, September 18, 2023 at 10:00 AM; and
WHEREAS, Staff received the following six (6) bids:

Bidders Bid Amount

1. Gentry Brothers, Inc $1,479,484.04

2. Sequel Contractor, Inc. $1,652,341.00

3. Sully-Miller Contracting Company $1,807,233.40

4. Hardy & Harper, Inc. $1,811,000.00

5. All American Asphalt $1,994,607.85

6. Copp Contracting, Inc. $2,140,499.25
WHEREAS, Gentry Brothers, Inc. was the lowest responsible bidder with a low base bid of $1,479,484.04; and
WHEREAS, the City received a proposal from on call engineering consultant Transtech Engineers in the amount of $123,757 for construction management and inspection services; and
242
2 WHEREAS, the total proposed construction cost is $1,9452,000; and WHEREAS, the current project budget is $1,552,000 from Measure R, SB1, Gas Tax, Measure M Bond, and Measure M funds; and
WHEREAS, an additional appropriation of $400,000 is needed from CIP Project accounts (4011.68.127 and 4011.68.128) in order to cover the construction costs and 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 them herein as findings and as substantive part of this resolution.

Section 2. The City Council of the City of Lynwood authorizes the City Manager to approve the transfer of funds for the following appropriation:

REDUCTION

FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
4011 68 127 62015 Slurry Seal Phase
3 $150,000.00
4011 68 128 62015 Slurry Seal Phase
4 $250,000.00
Budgetary Transfer In
2101 Gas Tax $150,000.00
2350 Measure M $211,000.00
2352 Measure R $39,000.00

APPROPRIATION

FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
2101 Gas Tax $150,000.00
2350 Measure M $211,000.00
2352 Measure R $39,000.00
Budgetary Transfer In
4011 68 123 62015 Priority 2 Phase
2B
$400,000.00
Section 3. The project budget increased from $1,552,000 to $1,952,000. 243
3 Section 4. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and Gentry Brothers Inc. in a form approved by the City Attorney in the amount of $1,479,484.04.

Section 5. The City Council of the City of Lynwood approves construction management and inspection services from on call engineering consultant Transtech Engineers under LMC 6-3.16.

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

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

Section 8. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
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4 PASSED, APPROVED and ADOPTED this 3rd day October, 2023,

________________________________
Oscar Flores
Mayor

ATTEST:
________________________
Maria Quiñonez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ________________________________ Noel Tapia Ernie Hernandez
City Attorney City Manager
_______________________________
Julian Lee
Director of Public Works
245
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 3rd day of October 2023, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Maria Quiñónez, 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 3rd day of October 2023. ________________________
Maria Quiñónez, City Clerk
246

CITY OF LYNWOOD CONSTRUCTION AGREEMENT

FOR CONSTRUCTION OF PROJECT NO. 4011.68.123 ENTITLED
“PRIORITY 2 PHASE 2B STREET IMPROVEMENT PROJECT (CIP
PROJECT NO. 4011.68.123)”

This agreement (the “Agreement”) is made and entered into on this _03rd day of October, 2023_by and between the City of Lynwood, a California Municipal Corporation ("City") and GENTRY BROTHERS 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 _September 18th, 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 October 4th, 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.
247
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.

248

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 FOUR HUNDRED

SEVENTY-NINE THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS AND FOUR CENTS ($1,479,484.04) 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.

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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 250
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 FIVE (65) CALENDAR DAYS from the date in said Notice.

City and Contractor have discussed the provisions of Government Code Section 53069.85 and the damages that may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and 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. 251

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.

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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.

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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]

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1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into an Agreement dated October 03, 2023 (referred to hereinafter as the “Agreement”) with Gentry Brothers Inc. (hereinafter designated as “Contractor” or "Principal"), for construction of, PRIORITY 2 PHASE 2B STREET IMPROVEMENT PROJECT (CIP PROJECT NO. 4011.68.123) (hereafter referred to as the “Project”).

WHEREAS, the Work to be performed by the Contractor is more particularly set forth in the Agreement for the Project, the terms and conditions of which, including those set forth in the Contract Documents incorporated as component parts the of Agreement, are expressly incorporated herein by this reference; and

WHEREAS, the Contractor is required by the Agreement to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ONE MILLION FOUR HUNDRED SEVENTY-NINE

THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS AND FOUR CENTS ($1,479,484.04) 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. 255

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.
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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
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STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )

On this _____ day of _______________, in the year _____, before me, __________________________, a Notary Public in and for said state, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the (Surety) and acknowledged to me that he/she subscribed the name of the
(Surety) thereto and his/her own name as Attorney-in-Fact.

_____________________________________
Signature of Notary Public in and for said State

(SEAL)

My commission expires on: _____________

NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto.

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _______________________________________, certify that I am the ________________________________ Secretary of the corporation named as Principal to the within bond; that _________________ _________________________ who signed the said bond on behalf of the principal was then ___________________________ of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing board.

_______________________________
Signature of Corporate Principal

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1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "City") has entered into an agreement dated October 03, 2023 (referred to hereinafter as the “Agreement”) with Gentry Brothers Inc. (hereinafter designated as the "Contractor" or “Principal”), for PRIORITY 2 PHASE 2B STREET IMPROVEMENT PROJECT (CIP PROJECT NO. 4011.68.123).

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 FOUR HUNDRED SEVENTY-NINE THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS AND FOUR CENTS ($1,479,484.04), 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 259

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

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)

260

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )

_____________________________________
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

_______________________________
Signature of Corporate Principal

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(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.

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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.

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E. Enforcement.

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

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

WITHOLDING OF PAYMENT: CONTRACTOR agrees that the
Documentation Provision is critical to the City’s ability to monitor CONTRACTOR’s compliance with the City’s public wage obligations.

CONTRACTORS further agrees its breach of the Documentation Provision or general public wage obligations results in the need for additional enforcement action to verify compliance with this Addendum. In light of the critical importance of the Documentation Provision, the City and CONTRACTOR agree that CONTRACTOR’s compliance with this Addendum is an express condition of City’s obligation to make each payment due to the CONTRACTOR pursuant to this Agreement. THE CITY IS NOT OBLIGATED

TO MAKE ANY PAYMENT DUE THE CONTRACTOR UNTIL

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

WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL REQUIRED DOCUMENTATION IS SUBMITTED. Any payment by the City despite CONTRACTOR’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Documentation Provision or public wage obligations of the Contractor and the City.

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Lynwood City CouncilOctober 3, 2023

Lynwood City Council
October 3, 2023