Agenda — Lynwood City Council, October 3, 2023 (part 1 of 2)

1. CALL TO ORDER

2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK

3. ROLL CALL OF COUNCIL MEMBERS

4. PLEDGE OF ALLEGIANCE

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

Procedures for Addressing the Council

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

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

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

AGENDA
City Council Regular Meeting

TO BE HELD ON
October
3, 2023
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 OR WEB CONFERENCE VIA ZOOM - TO PARTICIPATE VIA ZOOM OR BY TELEPHONE: 1-669- 900-9128 OR 1-253-215-8782 MEETING ID: 835 2029 8238
Duly Posted on 9/29/23 By MQ
6:00 PM

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

6. PRESENTATIONS/PROCLAMATIONS

7. COUNCIL RECESS TO:

8. CONSENT CALENDAR

8.1 APPROVAL OF THE WARRANT REGISTER

8.2 Urgency Ordinance No Warehouse and Trucking Uses Moratorium Report per Government Code Section 65858
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

City Video(s)
Lynwood Successor Agency

PUBLIC ORAL COMMUNICATIONS

(Regarding Agenda Items Only)

NON-AGENDA PUBLIC ORAL COMMUNICATIONS

THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE

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

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

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

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

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

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

Comments:

City of Lynwood warrant register dated October 03, 2023 for FY 2023-2024 Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated October 03, 2023 for FY2023-2024.

Comments:

Receive and File a report to the City Council to prepare for an extension to Urgency Ordinance No. ____ per Government Code Section 65858. (CD) Recommendation:

Receive and File a 10 day report to the City Council to prepare for an extension to Urgency Ordinance No. ____ per Government Code Section 65858 City Council Regular Meeting 2

8.3 PROJECT ACCEPTANCE FOR THE STONEACRE AVENUE IMPROVEMENT

PROJECT BETWEEN CARLIN AVENUE AND MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111)

8.4 PARADE PRODUCTION SERVICES AGREEMENT AND STREET CLOSURES FOR THE CITY’S 2023 CANDY CANE LANE CHRISTMAS PARADE

9. NEW/OLD BUSINESS

9.1 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024 (CIP

Comments:

The City of Lynwood and the City of Compton entered a cost sharing agreement for improvements on Stoneacre Avenue between Carlin Avenue and McMillan Street. With the approved agreement between the two cities staff prepared plans and specifications for improvements along Stoneacre Avenue and City Council awarded a construction contract to Sequel Contractors Inc. The Stoneacre Avenue Improvement project between Carlin Avenue and McMillan Street has been completed and is now ready to be accepted by City Council. (PW)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING

THE STONEACRE AVENUE IMPROVEMENT PROJECT BETWEEN CARLIN AVENUE AND MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111) AS COMPLETE;

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

Comments:

Lynwood’s annual Candy Cane Lane Christmas Parade is a long-standing community tradition. Pageantry Parades has successfully served as the City’s parade production company for over 30 years. Staff is recommending approval to enter into a written scope of services agreement with Pageantry Parades to produce and coordinate the City’s 2023 Candy Cane Lane Christmas Parade lineup. Additionally, staff is requesting approval of street closures associated with the parade.

Recommendation:

Staff recommends that the City Council consider and adopt the attached resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGEANTRY PARADES TO PROVIDE PRODUCTION SERVICES FOR THE 2023

CANDY CANE LANE CHRISTMAS PARADE AND APPROVING OF STREET CLOSURES NEEDED TO EXECUTE THE PARADE AND SUPPORTING ACTIVITIES.” City Council Regular Meeting 3
PROJECT NO. 4011.68.128)

9.2 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)

10. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

11. STAFF ORAL COMMENTS

Comments:

The City of Lynwood is currently under construction for Phase 3 and 4 of the Four-Phase Citywide slurry seal program. The Plans and Specifications for Phase 4 have been completed and reviewed by Staff. Staff is requesting City Council to approve the plans and specifications and authorize the advertisement of Notice of Inviting Bids for Slurry Seal Phase 4. (PW)
Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “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).”

Comments:

Staff has prepared plans and specifications for the Priority 2 Phase 2B Street Improvement Project. With City Council’s approval, staff solicited bids for construction of the Priority 2 Phase 2B Street Improvement Project. Upon review of bids, staff recommends that City Council award the contract to Gentry Brothers Inc. in the amount of $1,479,484.04. (PW)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO 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”.

City Council Regular Meeting 4

ADJOURNMENT

THE NEXT REGULAR MEETING WILL BE HELD ON OCTOBER 17, 2023 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.

City Council Regular Meeting 5

AGENDA STAFF REPORT

DATE:

October
3, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Harry Wong, Director of Finance & Administration
Mohammad Islam, Accounting Technician
SUBJECT:

APPROVAL OF THE WARRANT REGISTER
CC WARRANT RESOLUTION TEMPLATE -10-3-2023.pdf
WARRANT RUN -10-3-2023.pdf
Agenda Item # 8.1.

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated October 03, 2023 for FY2023-2024.

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2023-2024
Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 6
RESOLUTION NO. 2023.XXX

Warrant Registers Dated 10-03-2023

PASSED, APPROVED and ADOPTED this 03rd day of October_, 2023.

Oscar Flores, Mayor

ATTEST:

__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration

7 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 03rd day of October, 2023.

AYES: COUNCIL MEM BERS FLORES, SANTANA, SOTO, MAYOR PRO TEM

SOLACHE AND MAYOR CASANOVA

NOES: NONE

ABSENT: NONE

ABSTAIN: NONE

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2023.XXX on file in my offic e and that said Resolution was adopted on the date and by the vote therein stated. Dated this _03rd day of October, 2023.

___________________________
Maria Quiňonez,
City Clerk

8 apCkHist Void Check Listing Page:1
09/26/2023 8:47AM City of Lynwood
Bank code: apbank
Void Check# Date Vendor ClearNoid Date Reason-Void/Reissue Inv. Date Amount Paid Check Total 206512 01/17/2023 013290 ARTURO RAMIREZ 09/25/2023 ST ALE DATED -208779 01/04/2023 50.00 50.00 206610 01/17/2023 000802 KENNETH WEST 09/25/2023 STALE DATED -208861 01/04/2023 50.00 50.00 207160 03/21/2023 008664 PINS ADVANTAGE 09/25/2023 STALE DATED -208768 02/28/2023 137.50 137.50 207314 04/04/2023 000802 KENNETH WEST 09/25/2023 STALE DATED -208861 03/14/2023 50.00 50.00 207376 04/18/2023 009633 EVENT STEP AND REPEAT 09/25/2023 ST ALE DATED -208800 03/24/2023 80.48 80.48 207437 04/19/2023 009038 HARDIE GARY 09/25/2023 STALE DATED -208808 03/23/2023 50.00 09/25/2023 009038-021623 03/23/2023 50.00
09/25/2023 009038-031623 03/23/2023 50.00 150.00
207528 05/02/2023 011186 STANDARD GLASS & 09/25/2023 ST ALE DATED -208850 04/11/2023 140.00 140.00 207592 05/16/2023 013589 BNS FLEET SERVICE INC 09/25/2023 ST ALE DATED -208782 04/24/2023 380.00 09/25/2023 22844 04/24/2023 296.41
09/25/2023 22867 04/24/2023 289.52
09/25/2023 22863 04/24/2023 289.52
09/25/2023 22701 03/30/2023 95.00 1,350.45
207614 05/16/2023 006056 CWF FLOORING 09/25/2023 STALE DATED -208767 03/15/2023 3,691.33 3,691.33 207633 05/16/2023 012031 HARMONY PROJECT 09/25/2023 STALE DATED~ 208814 05/02/2023 4,176.00 4,176.00 207657 05/16/2023 011975 MOMAR, INC. 09/25/2023 STALE DATED -208827 04/12/2023 743.12 743.12 207740 05/24/2023 000802 KENNETH WEST 09/25/2023 000802-051022 05/11/2022 50.00 50.00 207884 06/06/2023 000802 KENNETH WEST 09/25/2023 STALE DATED -208861 05/16/2023 50.00 50.00 207957 06/20/2023 012031 HARMONY PROJECT 09/25/2023 STALE DATED -208814 05/25/2023 1,824.00 1,824.00 208136 07/18/2023 006056 CWF FLOORING 09/25/2023 STALE DATED -208766 06/29/2023 140.54 140.54 208208 07/18/2023 008664 PINS ADVANTAGE 09/25/2023 WRONG ADDRESS-208769 06/30/2023 137.50 09/25/2023 2498 05/31/2023 137.50 275.00
208227 07/18/2023 013909 SOMA ERGONOMICS INC. 09/14/2023 STALE DATED -208743 06/06/2023 758.85 758.85 Page: 1
9 apCkHist
09/26/2023 8:47AM
Bank code: apbank
Check# Date Vendor
Void Check Listing
City of Lynwood
Status ClearNoid Date Invoice Inv. Date
Page:2
Amount Paid Check Total ----------------------------------------------------------- 208612 09/05/2023 008668 JOSE LUIS SOLACHE 09/12/2023 TRIP CANCEL-208740 09/12/2023 008668-092223
18 checks in th is report
09/30/2023
09/22/2023
apbank Total:
500.00
172.50
Total Checks:
672.50
14,389.77
14,389.77
Page:2
10 vchlist Prepaid-Check List Page: 3
09/25/2023 10:59:57AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 208736 9/19/2023 013522 AMN MANAGEMENT, INC 16 06-010066 PROF & CONTRACTUAL SERVICES 22,552.50 Total: 22,552.50
208737 9/19/2023 013522 AMN MANAGEMENT, INC 17 06-010066 PROF & CONTRACTUAL SERVICES 21,855.00 Total: 21,855.00
208738 9/19/2023 009647 MV CHENG & ASSOCIATES, INC. 7131/2023 02-002675 PROF & CONTRACTUAL SERVICE 10,787.50 Total: 10,787.50
208739 9/19/2023 010249 SHIPE, SHANELL 010249-100423 PER DIEM 325.00 Total: 325.00
208741 9/13/2023 014004 CAZARES, RUTH 448102645 REFUND-CANCELLED CAMP 90.00 Total: 90.00
208742 9/13/2023 013639 EL PORTAL A TU BIENESTAR INC 622 PROF & CONTRACTUAL SERVICE 7,500.00 Total: 7,500.00
208743 9/14/2023 013909 SOMA ERGONOMICS INC. 2230157q OFFICE SUPPLIES 758.85 Total: 758.85
208744 9/18/2023 013550 EAGLE PORTABLES SANITATION LLC 8395 08-005200 COMMUNITY ACTIVITY EXPENSE 856.38 Total: 856.38
208745 9/18/2023 014009 RAMIREZ, ARTURO 091201 COMMUNITY ACTIVITY EXPENSE 1,323.00 Total: 1,323.00
208746 9/18/2023 000163 SOUTHERN CALIFORNIA EDISON 000163-09132023 UTILITY EXPENSE 32,296.39 Total: 32,296.39
208747 9118/2023 013288 SPECTRUM 0543478081623 INTERNET SERVICES 219.98 Total: 219.98
208748 9118/2023 013288 SPECTRUM 0244895080123 INTERNET SERVICES 219.98 0244895090123 INTERNET SERVICES 219.98
Total: 439.96
Page: 3
11 vchlist Prepaid-Check List Page: 4
09/25/2023 10:59:57AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208749 9/18/2023 013288 SPECTRUM 0603173081523 INTERNET SERVICES 188.93 Total: 188.93
208750 9/18/2023 013288 SPECTRUM 0031912081623 INTERNET SERVICES 150.02 Total: 150.02
208751 9/18/2023 014008 STAGEDROP LLC 140923 PROF & CONTRACTUAL SERVICES 4,383.19 Total: 4,383.19
208752 9/18/2023 012522 THE WRISTBAND MAN WBM6238US COMMUNITY ACTIVITY EXPENSE 487.54 Total: 487.54
208753 9/18/2023 013619 TOYOTA FINANCIAL SERVICES 0017362931-090623 01-001722 AUTO EXPENSE 777.65 Total: 777.65
2087S4 9/20/2023 006399 AT&T 000020415911 TELEPHNONE SERVICE 2,460.78 000020435585 TELEPHNONE SERVICE 108.01
000020464641 TELEPHNONE SERVICE 774.38
000020465854 TELEPHNONE SERVICE 208.22
000020499031 TELEPHNONE SERVICE 26.83
000020502299 TELEPHNONE SERVICE 108.19
000020502301 TELEPHNONE SERVICE 28.21
000020502302 TELEPHNONE SERVICE 336.23
000020502304 TELEPHNONE SERVICE 79.98
000020502308 TELEPHNONE SERVICE 108.19
000020502312 TELEPHNONE SERVICE 28.21
000020S02418 TELEPHNONE SERVICE 54.88
000020502419 TELEPHNONE SERVICE 54.88
000020502489 TELEPHNONE SERVICE 54.88
Total: 4,431.87
208755 9/20/2023 000955 CENTRAL BASIN MUNICIPAL WATER LYN-AUG23 06-010040 PROF & CONTRACTUAL SERVICES 3,280.49 Total: 3,280.49
208756 9/20/2023 001987 DISTRICT OF SOLTTHERN CALIF., WATER 0122512-Lynwood Well 06-009997 PROF & CONTRACTUAL SERVICES 357,336.17 JULY 31 2023 06-009997 PROF & CONTRACTUAL SERVICES 186,813.72 Total: 544,149.89
Page: 4
12 vchlist Prepaid-Check List Page: 5
09/25/2023 10:59:57AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208757 9/20/2023 011188 INSURANCE COMPANY, THE LINCOLN 4587544807 LTD PREMIUM 9/2023 4,915.67 4598779276 LTD PREMIUM 10/2023 4,634.21
Total: 9,549.88
208758 9/20/2023 000486 LIBERTY UTILITIES 200006750273-090523 PROF & CONTRACTUAL SERVICES 137.01 200006750281 PROF & CONTRACTUAL SERVICES 18.67
200006750299-090623 PROF & CONTRACTUAL SERVICES 18.67
Total: 174.35
208759 9/20/2023 013425 MATSON, PATRICK 013425-091523-1 REIMBURSEMENT-TRAVEL 531.97 Total: 531.97
208760 9/20/2023 013435 ORBIT EVENT RENTALS 51652 08-005205 COMMUNITY ACTIVITY EXPENSE 11,602.75 Total: 11,602.75
208761 9/20/2023 000163 SOUTHERN CALIFORNIA EDISON 000163-09182023 UTILITY EXPENSE 39,956.13 Total: 39,956.13
208762 9/20/2023 000164 THE GAS CO. 00016409202023 UTILITY EXPENSE 2,664.49 Total: 2,664.49
208763 9/20/2023 011963 WEX BANK 91782042 06-009989 FUEL CHARGES 15,236.96 Total: 15,236.96
208764 9/20/2023 014010 FIFTH ASSET, INC. D62000299 SUBSCRIPTION SERVICES 6,500.00 Total: 6,500.00
208766 9/25/2023 006056 CWF FLOORING 29885 08-005173 OPERATING SUPPLIES 140.54 Total: 140.54
208767 9/25/2023 006056 CWF FLOORING 29254 08-005115 OPERATING SUPPLIES 3,691.33 Total: 3,691.33
208768 9/25/2023 008664 PINS ADVANTAGE 2403 05-001948 CERTIFICATE OF INSURANCE 137,50 Total: 137.50
31 Vouchers for bank code : apbank Bank total: 747,040.04 Page: 5
13 vchlist
09/25/2023 10:59:57AM
Bank code: apbank
Voucher Date Vendor
-----------------------
31 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
Page: 6
PO# Description/Account Amount
-------
Total vouchers: 747,040.04
Page: 6
14 vchlist
09/25/2023 10:56:06AM
Bank code:

Voucher
208740
208769
apbank
Date Vendor
9/13/2023 008668 SOLACHE, JOSE LUIS
9/25/2023 008664 PINS ADVANTAGE
2 Vouchers for bank code :
2 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
008668-093023
2498
2531
Page: 7
PO# Description/Account Amount
ELECTRONIC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
05-001948 CERTIFICATE OF INSURANCE 137.50
05-001948 CERTIFICATE OF INSURANCE 137.50
Total: 275.00
Bank total; 775.00
Total vouchers: 775.00
Page: 7
15 vchlist
09/25/2023 11 :02:18AM
Bank code:

Voucher
208765
apbank
Date Vendor
9/21/2023 013084 LE, JESSICA
1 Vouchers for bank code :
1 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
Ben156225
PO# Description/Account
JESSICA HERRERA: PAYMENT
Total:

Bank total:

Total vouchers :

Page: 8
Amount
293.00
293.00
293.00
293.00
Page: 8
16 vchlist Check List Page: 9
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208770 10/3/2023 013931 AETNA RESOURCES FOR LIVING E0300753 05-001970 PROF & CONTRACTUAL SERVICES 218.23 Total: 218.23
208771 10/3/2023 013500 AIR CONDITIONING&REFRIGERATION, 179935 RREPAIRS AND MAINTENANCE 763.57 Total: 763.57
208772 10/3/2023 011719 ALL STAR ELITE SPORTS 3572 STAFF UNIFORMS 749.33 3714 STAFF UNIFORMS 1,872.93
Total: 2,622.26
208773 10/3/2023 013497 AL TA LANGUAGE SERVICES, INC 1S671500 PROF & CONTRACTUAL SERVICES 55.00 Total: 55.00
208774 10/3/2023 010746 ALVAREZ-GLASMAN & COLVIN 2023-05-20760-5 01-001805 LEGAL SERVICES 352.00 2023-06-20 770 01-001805 LEGAL SERVICES 6,838.50
2023-06-20770-1 01-001805 LEGAL SERVICES 7,731.50
2023-06-20770-2 01-001805 LEGAL SERVICES 6,394.00
2023-06-20770-3 01-001805 LEGAL SERVICES 2,290.00
2023-06-20770-4 01-001805 LEGAL SERVICES 462.00
2023-06-20770-5 01-001805 LEGAL SERVICES 44.00
2023-06-20770-6 01-001805 LEGAL SERVICES 15,208.58
2023-06-20770-7 01-001805 LEGAL SERVICES 94.00
2023-06-20771 01-001787 LEGAL SERVICES 2,702.50
2023-06-20772 01-001805 LEGAL SERVICES 238.50
2023-06-20773 01-001805 LEGAL SERVICES 450.50
Total: 42,806.08
208775 10/3/2023 013522 AMN MANAGEMENT, INC 18 06-010066 PROF & CONTRACTUAL SERVICES 24,955.00 Total: 24,955.00
208776 10/3/2023 011094 AM-TEC TOTAL SECURITY, INC. 631271 06-010005 PROF & CONTRACTUAL SERVICES 162.00 631357 06-010005 PROF & CONTRACTUAL SERVICES 65.85
Total: 227.85
208777 10/3/2023 012693 ANIMAL EMERGENCY, LONG BEACH 689185 11-002264 ANIMAL EMERGENCY VETERINARY 414.10 689285 11-002264 ANIMAL EMERGENCY VETERINARY 434.52
Page: 9
17 vchlist Check List Page: 10
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 208777 10/3/2023 012693 ANIMAL EMERGENCY, LONG BEACH (Continued) 689325 11-002264 ANIMAL EMERGENCY VETERINARY 303.22
689656-689665 11-002264 ANIMAL EMERGENCY VETERINARY 492.99 689824-689851-689885 11-002264 ANIMAL EMERGENCY VETERINARY 1,948.09 689887 11-002264 ANIMAL EMERGENCY VETERINARY 278.95
689969-690104-690161 11-002264 ANIMAL EMERGENCY VETERINARY 201.80 690055-690056 11-002264 ANIMAL EMERGENCY VETERINARY 231.41 690614 11-002264 ANIMAL EMERGENCY VETERINARY 735.01
690644 11-002264 ANIMAL EMERGENCY VETERINARY 259.76
690846 11-002264 ANIMAL EMERGENCY VETERINARY 601.43
690894 11-002264 ANIMAL EMERGENCY VETERINARY 1,060.60
690895 11-002264 ANIMAL EMERGENCY VETERINARY 609.45
690896-690951 11-002264 ANIMAL EMERGENCY VETERINARY 556.44 690912 11-002264 ANIMAL EMERGENCY VETERINARY 470.82
691114 11-002264 ANIMAL EMERGENCY VETERINARY 197.73
691140 11-002264 ANIMAL EMERGENCY VETERINARY 307.25
691341 11-002264 ANIMAL EMERGENCY VETERINARY 204.75
691539 11-002264 ANIMAL EMERGENCY VETERINARY 287.45
691540 11-002264 ANIMAL EMERGENCY VETERINARY 361.77
691979 11-002264 ANIMAL EMERGENCY VETERINARY 408.39
691996-692005 11-002264 ANIMAL EMERGENCY VETERINARY 830.47 692008 11-002264 ANIMAL EMERGENCY VETERINARY 267.89
Total: 11,464.29
208778 10/3/2023 013882 ANTHEM SPORTS 378234 08-005187 OPERATING SUPPLIES 472.59 Total: 472.59
208779 10/3/2023 013290 ARTURO RAMIREZ 013290-121322 11-002150 PLANNING COMMISSIONER STIPEND 50.00 Total: 50.00
208780 10/3/2023 003993 ASCAP 003993-083123 LICENSE FEE 519.65 Total: 519.65
208781 10/3/2023 004986 BIOMETRICS4ALL, INC COLYN0111 LIVE SCAN RELAY FEE 8/1/2023 5.25 Total: 5.25
208782 10/3/2023 013589 BNS FLEET SERVICE INC 22701 06-009616 REPAIRS AND MAINTENANCE 95.00 Page: 10
18 vchlist Check List Page: 11
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208782 10/3/2023 013589 BNS FLEET SERVICE INC (Continued) 22842 06-009616 REPAIRS AND MAINTENANCE 380_QQ
22844 06-009616 REPAIRS AND MAINTENANCE 296.41
22863 06-009616 REPAIRS AND MAINTENANCE 289.52
22867 06-009616 REPAIRS AND MAINTENANCE 289.52
Total: 1,350.45
208783 10/3/2023 007782 CAMACHO, GABRIELA 007782-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
208784 10/3/2023 013245 CARLO MAGNO 0381776 REPAIRS AND MAINTENANCE 435.00 Total: 435.00
208785 10/3/2023 012237 CARMELO, MARIO 002405-0060 REFUNDABLE DEPOSIT-EVENT 100.00 Total: 100.00
208786 10/3/2023 001195 CDW GOVERNMENT LH51195 12-000451 OPERATING SUPPLIES 8,882.18 Total: 8,882.18
208787 10/3/2023 009302 CHESSER, CHRISTINE 189908066 COMMUNITY ACTIVITY EXPENSE 350.00 21544831 COMMUNITY ACTIVITY EXPENSE 250.00
Total: 600.00
208788 10/3/2023 008107 CHICAGO TITLE COMPANY FCPF-0912301453-3 11-002265 HOME/CDBG PROGRAM 101.00 FCPF-0912302772-3 11-002265 HOME/CDBG PROGRAM 30.00
Total: 131.00
208789 10/3/2023 002319 CINDY'S JUMPERS 68989 08-005186 COMMUNITY ACTIVITY EXPENSE 1,058.00 Total: 1,058.00
208790 10/312023 001168 CINTAS CORPORATION NO. 2 5173753854 08-005199 FIRST AID SUPPLIES 258.92 5173753868 08-005199 FIRST AID SUPPLIES 228.88
8406411812 08-005199 FIRST AID SUPPLIES 589.16
8406411813 08-005199 FIRST AID SUPPLIES 145.67
Total: 1,222.63
208791 10/3/2023 013182 COLOCHO-MARTINEZ, JOHANA 002621-0044 REFUNDABLE DEPOSIT-EVENT 200.00 Page: 11
19 vchlist Check List Page: 12
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 208791 10/3/2023 013182 013182 COLOCHO-MARTINEZ, JOHANA (Continued) Total: 200.00 208792 10/3/2023 010754 COOL IMAGE WATER, □BAI AMERICAN 1969 08-005185 PROF & CONTRACTUAL SERVICES 36.25 1970 08-005185 PROF & CONTRACTUAL SERVICES 223.96
1971 03-000450 PROF & CONTRACTUAL SERVICES 29.00
1973 01-001800 PROF & CONTRACTUAL SERVICES 129.90
1974 02-002671 PROF & CONTRACTUAL SERVICES 36.25
1975 05-001966 PROF & CONTRACTUAL SERVICES 25.98
1976 08-005185 PROF & CONTRACTUAL SERVICES 58.00
1978 08-005185 PROF & CONTRACTUAL SERVICES 43.50
1979 06-009970 PROF & CONTRACTUAL SERVICES 65.25
Total: 648.09
208793 10/3/2023 013725 CRAFTWATER ENGINEERING, INC. 21-058-8 06-009812 PROF & CONTRACTUAL SERVICES 17,264.91 21-058-9 06-009812 PROF & CONTRACTUAL SERVICES 18,082.26 Total: 35,347.17
208794 10/312023 013751 CUELLAR. LUIS GERARDO 013751-093023 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
208795 10/3/2023 000305 CULLIGAN 1331379 06-009971 PROF & CONTRACTUAL SERVICES 81.52 Total: 81.52
208796 10/3/2023 000138 DAILY JOURNAL CORPORATION B3736104 03-000453 PUBLICATION SERVICES 340.00 Total: 340.00
208797 10/3/2023 003352 DEPT. OF JUSTICE CTRL SERVICES 677695 PROF & CONTRACTUAL SERVICES 32.00 Total: 32.00
208798 10/3/2023 013739 ENGINEERING SERVICES INC, PTM 2 06-009818 PROF & CONTRACTUAL SERVICES 61,811.56 Total: 61,811.56
208799 10/3/2023 013973 ENTERPRISE FM TRUST FBN4837388 06-010052 PROF & CONTRACTUAL SERVICES 4,538.78 Total: 4,538.78
208800 10/3/2023 009633 EVENT STEP AND REPEAT 16971 08-005076 COMMUNITY ACTIVITY EXPENSE 80.48 17845 08-005209 COMMUNITY ACTIVITY EXPENSE 214.62
Page: 12
20 vchlist Check List Page: 13
09l2512023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208800 10/3/2023 009633 009633 EVENT STEP AND REPEAT {Continued) Total: 295.10 208801 10/312023 013881 FAGEN FRIEDMAN & FULFROST LLP 213603 05-001967 PROF & CONTRACTUAL SERVICES 7,198.94 Total: 7,198.94
208802 10/312023 003317 FAIR HOUSING FOUNDATION QUARTER1-JULY 11-002266 CDBG SUBRECIPIENT -PUBLIC 1,074.67 Total: 1,074.67
208803 10/312023 001087 FANTASY FLOWERS AND GIFTS 4466 08-005192 COMMUNITY ACTIVITY EXPENSE 187.43 4481 08-005192 COMMUNITY ACTIVITY EXPENSE 220.50
Total: 407.93
208804 10/312023 013757 FOSTER & FOSTER, INC. 28181 PROF & CONTRACTUAL SERVICE 3,000.00 Total: 3,000.00
208805 10/312023 003983 GALLS QUARTERMASTER BC1922062 11-002267 PUBLIC SAFETY UNIFORM 247.06 Total: 247.06
208806 10/312023 014015 GARCIA, NATALIA 002369-0043 REFUNDABLE DEPOSIT -EVENT 400.00 Total: 400.00
208807 10/312023 014016 GARRISON-TAPPAN, FELECIA 002585-0028 REFUNDABLE DEPOSIT-EVENT 250.00 Total: 250.00
208808 10/312023 009038 GARY, HARDIE 009038-012623 PERSONNEL BOARD STIPEND 50.00 009038-021623 PERSONNEL BOARD STIPEND 50.00
009038-031623 PERSONNEL BOARD STIPEND 50.00
Total: 150.00
208809 10/312023 013702 GOOD GUARD SECURITY INC 2766 08·005191 PROF & CONTRACTUAL SERVICES 14,735.88 2922 08-005190 PROF & CONTRACTUAL SERVICES 929.27
3049 08-005190 PROF & CONTRACTUAL SERVICES 226.65
Total: 15,891.80
208810 101312023 013702 GOOD GUARD SECURITY INC 3050 08-005190 PROF & CONTRACTUAL SERVICES 166.21 Total: 166.21
208811 1013/2023 014005 GOVERNMENT TAX SEMINARS 014005-12052023 REGISTRATION FEE 675.00 Page: 13
21 vchlist Check List Page: 14
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 208811 10/3/2023 014005 014005 GOVERNMENT TAX SEMINARS (Continued) Total: 675.00 208812 10/3/2023 001510 GRAINGER, INC. 9834986110 06-010008 OPERATING SUPPLIES 670.50 Total: 670.50
208813 10/3/2023 000993 GRM INFORMATION MANAGEMENT 0483755 08-005197 PROF & CONTRACTUAL SERVICES 556.00 0485953-0485967 01-001801 PROF & CONTRACTUAL SERVICES 943.80 Total: 1,499.80
208814 10/3/2023 012031 HARMONY PROJECT 050223 11-002141 CDBG SUBRECIPIENT 4,176.00 052523 11-002141 CDBG SUBRECIPIENT 1,824.00
Total: 6,000.00
208815 10/3/2023 013321 HERNANDEZ, ERNIE 013321-07312023 ELECTRONIC/MEDIA-PROF-DEVELOPMENT 800.00 013321-08312023 ELECTRONIC/MEDIA-PROF-DEVELOPMENT 800.00 Total: 1,600.00
208816 10/3/2023 003338 HILL YARD-LOS ANGELES 605163080 06-010002 OPERATING SUPPLIES 719.87 605239806 06-010002 OPERATING SUPPLIES 392.60
605239808 06-010002 OPERATING SUPPLIES 475.41
605239810 06-010002 OPERATING SUPPLIES 973.73
800639368 06-010002 OPERATING SUPPLIES -576.02
Total: 1,985.59
208817 10/3/2023 000635 IDR ENVIRONMENTAL SERVICES 81291 06-010059 PROF & CONTRACTUAL SERVICES 2,794.23 Total: 2,794.23
208818 10/3/2023 013989 ILB ELECTRIC 1 06-010067 PROF & CONTRACTUAL SERVICES 66,284.82 Total: 66,284.82
208819 10/3/2023 011853 IWATER, INC. 9695 06-010009 PROF & CONTRACTUAL SERVICES 10,000.00 Total: 10,000.00
208820 10/3/2023 001269 JOHN L. HUNTER & ASSOCIATES L YN1 MS412307 06-010045 PROF & CONTRACTUAL SERVICES 11,028.75 L YN1 MS422307 06-010044 PROF & CONTRACTUAL SERVICES 260.40 Total: 11,289.15
208821 10/3/2023 013664 KOSMONT COMPANIES 2110. 7-014 11-002269 PROF & CONTRACTUAL SERVICES 4,011.80 Page: 14
22 vchlist Check List Page: 15
0912512023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208821 10/3/2023 013664 KOSMONT COMPANIES (Continued)
2110.7-015 11-002269 PROF & CONTRACTUAL SERVICES 777.40 Total: 4,789.20
208822 10/3/2023 011873 LAW ORGANIZATION,LLP, OLIVAREZ 22641 PROF & CONTRACTUAL SERVICES 5,775.00 Total: 5,775.00
208823 10/3/2023 000866 LEAD TECH ENVIRONMENTAL 15573 11-002270 HOME/CDBG PROGRAM 225.00 Total: 225.00
208824 10/3/2023 013395 M&C CONSTRUCTION GROUP INC 2019 06-010073 FENCING AT NATATORIUM 1,800.00 2051 06-010073 FENCING AT NATATORIUM 1,800.00
2064 06-010073 FENCING AT NATATORIUM 1,800.00
2080 06-010073 FENCING AT NATATORIUM 1,800.00
Total: 7,200.00
208825 10/3/2023 014017 MIJANGOS, DANIEL 014017-082523 REIMBURSEMENT MILEAGE 37.99 Total: 37.99
208826 10/3/2023 013504 MINER, LTD 5310617240 06-010013 REPAIRS AND MAINTENANCE 492.58 Total: 492.58
208827 10/3/2023 011975 MOMAR, INC. PSl495650 06-009723 OPERATING SUPPLIES 743.12 Total: 743.12
208828 10/3/2023 007207 MUNI TEMPS 130277 03-000452 PROF & CONTRACTUAL SERVICES 6,320.00 Total: 6,320.00
208829 10/312023 012270 MUNIENVIRONMENTAL, LLC 23-033 06-010020 PROF & CONTRACTUAL SERVICES 19,068.75 Total: 19,068.75
208830 10/312023 013721 MUNOZ-GUEVARA, JUAN 013721-103123 ELECTRON IC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
208831 10/3/2023 00964 7 MV CHENG & ASSOCIATES, INC. 8/31/2023 02-002675 PROF & CONTRACTUAL SERVICE 15,387.50 Total: 15,387.50
208832 10/312023 000475 NATIONWIDE ENVIRONMENTAL SVCS. 33391 06-010021 PROF & CONTRACTUAL SERVICES 55,811.70 Page: 15
23 vchlist Check List Page: 16
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description! Account Amount 208832 10/3/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS. (Continued) 33461 06-010048 PROF & CONTRACTUAL SERVICES 56,456.17
33462 06-010054 PROF & CONTRACTUAL SERVICES 3,089.32
33487 06-010048 PROF & CONTRACTUAL SERVICES 8,258.60
Total: 123,615.79
208833 10/3/2023 011922 NORTH STAR LAND CARE 1601-607 06-010046 PROF & CONTRACTUAL SERVICES 8,988.00 1601-608 06-010046 PROF & CONTRACTUAL SERVICES 2,700.00 1601-609 06-010046 PROF & CONTRACTUAL SERVICES 63,075.00 Total: 74,763.00
208834 10/3/2023 014013 NORTHSTAR PUBLISHING.INC 30242 PROF & CONTRACTUAL SERVICES 96.00 Total: 96.00
208835 10/3/2023 000078 ODP BUSINESS SOLUTIONS,LLC 329976009001 08-005204 OFFICE SUPPLIES 385.64 330426698001 03-000451 OFFICE SUPPLIES 314.17
330597854001 08-005204 OFFICE SUPPLIES 1,157.56
331944648001 03-000451 OFFICE SUPPLIES 35.98
Total: 1,893.35
208836 1013/2023 013552 ODP BUSINESS SOLUTIONS,LLC 323241394001 11-002272 OFFICE SUPPLIES 130.72 Total: 130.72
208837 10/3/2023 005562 ORKIN PEST CONTROL 246478071 PROF & CONTRACTUAL SERVICES 140.00 246478074 PROF & CONTRACTUAL SERVICES 120.00
247722398 PROF & CONTRACTUAL SERVICES 140.00
247722401 PROF & CONTRACTUAL SERVICES 120.00
249143181 PROF & CONTRACTUAL SERVICES 120.00
Total: 640.00
208838 10/3/2023 010945 PETDATA, INC. 12106 11-002274 PROF & CONTRACTUAL SERVICES 500.00 Total: 500.00
208839 10/3/2023 004854 PETTY CASH-FINANCE 004854-09122023 REPLENISH BOX 339.79 Total: 339.79
208840 10/3/2023 013970 PINS ADVANTAGE 2591 MONTHLY SUBSCRIPTION 137.50 Page: 16
24 vchlist Check List Page: 17
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208840 10/312023 013970 013970 PINS ADVANTAGE (Continued) Total: 137.50 208841 10/3/2023 013908 PUSHPINS MEDIA 0000087 COMMUNITY ACTIVITY EXPENSE 3,145.38 Total: 3,145.38
208842 10/312023 001313 QUINONEZ, MARIA 001313-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
208843 10/3/2023 012135 RAMBOLL US CONSULTING INC 1690114448 PROF & CONTRACTUAL SERVICES 323,252.90 Total: 323,252.90
208844 10/3/2023 014014 RESOURCES RECYCLING & RECOVERY 0000001518579 PROF & CONTRACTUAL SERVICES 641.61 Total: 641.61
208845 10/3/2023 005067 ROADLINE 19127 06-009983 OPERATING SUPPLIES 3,615.49 Total: 3,615.49
208846 1013/2023 013724 ROBERT D NIEHAUS INC. 9146 06-010069 PROF & CONTRACTUAL SERVICES 7,311.00 9167 06-010069 PROF & CONTRACTUAL SERVICES 5,555.00
9279 06-010069 PROF & CONTRACTUAL SERVICES 20,267.50
Total: 33,133.50
208847 10/3/2023 010757 SALAZAR RIVERO, YUNUEE 20884439 COMMUNITY ACTIVITY EXPENSE 250.00 Total: 250.00
208848 10/3/2023 008668 SOLACHE, JOSE LUIS 008668-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
208849 10/3/2023 012692 SOTO, RITA 012692-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
208850 10/3/2023 011186 STANDARD GLASS & MIRROR 0015 06-009688 WINDOW AND GLASS REPAIRS 140.00 Total: 140.00
208851 10/3/2023 008895 SWA GROUP 196057 06-009478 PROF & CONTRACTUAL SERVICES 3,530.38 Total: 3,530.38
208852 10/3/2023 002938 TAJ OFFICE SUPPLY 03908 08-005206 OFFICE SUPPLIES 569.99 Page: 17
25 vchlist Check List Page: 18
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 208852 10/3/2023 002938 TAJ OFFICE SUPPLY (Continued)
03931 08-005206 OFF!CE SUPPLIES 65.92
03964 08-005206 OFFICE SUPPLIES 181.91
03998 08-005206 OFFICE SUPPLIES 143.33
04065 06-009984 OFFICE SUPPLIES 51.82
Total: 1,012.97
208853 10/3/2023 001391 TARGET CARPET 28229 REPAIRS AND MAINTENANCE 285.00 Total: 285.00
208854 10/3/2023 001211 THE BANK OF NEW YORK MELLON 252-2530518 ADMINISTRATIVE FEES 1,000.00 252-2534595 ADMINISTRATIVE FEES 1,500.00
252-2572264 ADMINISTRATIVE FEES 550.00
Total: 3,050.00
208855 10/3/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 763984408 06-009967 REPAIRS AND MAINTENANCE 291.90 Total: 291.90
208856 10/3/2023 007742 ULINE, INC. 168195457 06-009986 OPERATING SUPPLIES 261.44 Total: 261.44
208857 10/3/2023 009742 UNIFIRST CORPORATION 2190051899 06-010029 UNIFORM SERVICE AND SUPPLIES 81.76 2190051901 06-010029 UNIFORM SERVICE AND SUPPLIES 607.04 2190051902 06-010029 UNIFORM SERVICE AND SUPPLIES 215.17 2190051904 06-010029 UNIFORM SERVICE AND SUPPLIES 133.84 2190051905 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03 2190055526 06-010029 UNIFORM SERVICE AND SUPPLIES 121.65 2190055527 06-010029 UNIFORM SERVICE AND SUPPLIES 59.49 2190055528 06-010029 UNIFORM SERVICE AND SUPPLIES 116.59 2190055529 06-010029 UNIFORM SERVICE AND SUPPLIES 143.60 2190055530 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03 Total: 1,701.20
208858 1013/2023 003612 US BANK CORP. TRUST 7034619 ADMINISTRATIVE FEES 1,000.00 Total: 1,000.00
208859 10/3/2023 002912 WATERLINE TECHNOLOGIES.INC 5652089 06-010016 OPERATING SUPPLIES 910.89 5652091 06-010016 OPERATING SUPPLIES 438,57
Page: 18
26 vchlist
09/25/2023
Bank code:

Voucher
5:46:43PM
apbank
Date Vendor
Check List
City of Lynwood
Invoice
208859
208860
10/3/2023 002912 002912 WATERLINE TECHNOLOGIES,INC (Continued) 208861
208862
10/3/2023 008382 WEST COAST SAND & GRAVEL, INC.
10/3/2023 000802 WEST, KENNETH
10/3/2023 013611 WONG, HARRY
93 Vouchers for bank code : apbank
648339
000802-021423
000802-050923
000802-051022
000802-121322
013611-072023
013611-091923
PO#
--------
11-002158
11-002158
11-001960
11-002158
Description/ Account
Total:

PROF & CONTRACTUAL SERVICES
Total:

PLANNING COMMISSIONER STIPEND

REIMBURSEMENT-MILEAGE

REIMBURSEMENT-EXPENSE
Total:

Page: 19
Amount
1,349.46
1,303.40
1,303.40

50.00 50.00

50.00 50.00
200.00

16.90 800.00
Total : 816.90
Bank total: 976,955.77
Page: 19
27 AGENDA STAFF REPORT

DATE:

October
3, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Gabriel Linares, Community Development Director
SUBJECT:

Urgency Ordinance No Warehouse and Trucking Uses Moratorium Report per Government Code Section 65858
Agenda Item # 8.2.

Recommendation:

Receive and File a 10 day report to the City Council to prepare for an extension to Urgency Ordinance No. ____ per Government Code Section 65858
Background:

On September 19, 2023, the City Council adopted Urgency Ordinance No. ____, an Urgency Ordinance enacting a 45-day moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses and related uses within the City of Lynwood. The purpose of the moratorium is to allot City staff time to conduct research and determine how to mitigate impacts from such uses. Without proper study, the growth of Warehouse and Trucking Uses and related uses could have substantial environmental impacts to the community including potential increases to truck traffic, noise, vibrations, and the general health and safety of the community.

Government Code Sections 36937 and 65858 allow the City to extend the 45-day Ordinance for a period of ten (10) months and fifteen (15) days after notice and hearing. Following a first extension, the statute allows the City to extend the Interim Urgency Ordinance a second time, for an additional one-year period. Prior to the extension, the City must issue a written report “…describing the measures taken to alleviate the condition which led to the adoption of the ordinance.”
City Council City Council Regular Meeting 28
Discussion and Analysis:

Pursuant to Government Code Section 65858, Urgency Ordinance No. ____ takes effect for 45 days and will expire on November 3, 2023 unless extended by the City Council.

The purpose of the Urgency Ordinance is to provide the City’s Department of Development, Compliance and Enforcement Services (“Community Development”) staff additional time to analyze the feasibility of potential development standards, truck routes and weight limits, and to address possible impacts to the public health, safety and welfare of the community. The intent of the interim development standards is to preserve the community character within the City consistent with the City’s General Plan.

Pursuant to Government Code Section 65858 (a) and (d), the City may further extend the interim ordinance for 10 (ten) months and 15 (fifteen) days provided that ten (10) days prior to the expiration of the interim ordinance the legislative body issues a written report describing the measures taken to alleviate the conditions which led to the adoption of the Urgency Ordinance. In accordance with this requirement, the following is a list of activities Community Development staff is pursuing to alleviate such conditions:

1 .

Analyzing all impacts of Warehouse and Trucking Uses and related uses including the detrimental effects of traffic, noise and queuing of vehicles.

2 .

Creating a list of all types of Warehouse and Trucking Uses and related uses in the City of Lynwood including any entitlements processed and if the Warehouse and Trucking Use facility operators are meeting the conditions of approval.

3 .

Conducting studies regarding a potential revision to the City’s designated Truck Traffic Route and a possible Truck Fee assessment.

4 .

Conducting a study of potential impact fees and a City-wide fee analysis including a truck impact fee.

5 .

Creating a list of interested parties that have or have the potential to submit an application.

City Council City Council Regular Meeting 29
6 .

Meeting with staff from the City’s Building & Safety and Public Safety Divisions to review the impacts of the interim Urgency Ordinance and future potential development standards.

7 .

Soliciting proposals from qualified consultants to advise the City on potential Warehouse and Trucking Uses development standards and municipal code amendments.

8 .

Creating a handout to educate potential developers on possible new development standards that may mitigate impacts of Warehouse and Trucking Uses to facilitate the approval process.
9 .

Reviewing regulations in surrounding cities to determine adopted codes and the impacts into their respective communities.
10 .

Study the impacts of Warehouse and Trucking Uses in certain zones specifically commercial versus industrial zones where traffic circulation impacts may be minimized.

Pursuant to Government Code Section 65858 (a) and (d), Community Development staff requires additional time to study the impacts of the increase in Warehouse and Trucking Uses and the applicability of the Moratorium to protect the community from adverse impacts.

Additional time is also required to take the potential development standards to the Planning Commission for a recommendation to the City Council and to garner public input on the interim and potential future development standards.

Staff recommends that the City Council receive and file the report. Staff will request that Urgency Ordinance No. ____ be extended for ten (10) months and fifteen (15) days per Government Code Section 65858 at the next City Council meeting.

Fiscal Impact:

No Fiscal Impact to general fund

None. A report per Government Code Section 65858 must be filed describing the measures taken to alleviate the conditions that led to the adoption of the urgency ordinance prior to the request for extension.

Coordinated With:

City Attorney
City Council City Council Regular Meeting 30

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:

PROJECT ACCEPTANCE FOR THE STONEACRE AVENUE

IMPROVEMENT PROJECT BETWEEN CARLIN AVENUE AND
MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111) Agenda Item # 8.3.

Recommendation:

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

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

STONEACRE AVENUE IMPROVEMENT PROJECT BETWEEN CARLIN AVENUE AND MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111) AS COMPLETE;

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

On March 15, 2022, the City Council of the City of Lynwood approved the cost sharing cooperative agreement with the City of Compton for the streets of Stoneacre Avenue from Carlin Avenue to McMillan Street and McMillan Street from Stoneacre Avenue to Atlantic Avenue. With approval of the cost sharing agreement, Staff prepared plans and specifications for the Stoneacre Avenue Improvement Project between Carlin Avenue and McMillan Street.

On June 28, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s website (PlanetBids). The Bid opening took place in the PlanetBids platform on Monday, July 18, 2022, at 10:30 am (PST).

Discussion and Analysis:

City Council City Council Regular Meeting 31
On August 2, 2022, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc. in the amount of $579,508.00. The Notice to Proceed was issued for construction to begin on October 24, 2022. Two (2) change orders were issued throughout the project.

Scope of Work:

The Stoneacre Avenue
Improvement Project
between Carlin Avenue and McMillan Street
consists of removal and construction of concrete sidewalks, curb and gutters, driveways approaches, curb ramps, removal of existing asphalt, base and subbase, install asphalt overlay and striping.

Project Limits:

The Stoneacre Avenue Improvement Project segments are Stoneacre Avenue between Carlin Avenue and Olanda Street and Stoneacre Avenue between Olanda Street and McMillan Street.

Approved Budget:

The original contract amount with Sequel Contractors, Inc. was $579,508.00. During the construction phase, staff made numerous adjustments in the field to accommodate the discrepancies in the working conditions of the project. There were two (2) change orders issued and executed in the amount of $48,199.13. The new contract amount including change orders was $627,707.13.

In addition, $51,840.25 was used for the construction management/construction inspection services by Transtech Engineers and $3,000 for labor compliance task provided by Avant Garde Inc. $17,512.13 was used for Staff’s time in Project Management for this project. The total cost of this project was $700,059.51. Per the approved cost sharing agreement, the City of Compton paid for their shared cost of this project in the amount of $401,755.67. The final cost to the City of Lynwood was $298,303.84

City Council City Council Regular Meeting 32
STONEACRE PROJECT CHANGE ORDER LIST.pdf

STONEACRE AVENUE IMPROVEMENT PROJECT BEFORE AND AFTER
PICTURES.pdf
10-03-2023 Stoneacre Acceptance (Resolution) - PWD.docx Final Project Cost
Original Contract Amount
$579,508.00
Two (2) Change Orders
$48,199.13
Construction Management and Inspection
$51,840.25
Project Management
$17,512.13
Labor Compliance
$3,000.00
Total Project Cost
$700,059.51
City of Compton Cost Sharing Agreement
($401,755.67)
Total Project Cost for Lynwood
$298,303.84

Construction was completed on February 27, 2023, and the Project is now ready for acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at the County Recorder’s Office. Staff will then release retention 35 days after the project acceptance.

Fiscal Impact:

This CIP project (4011.68.111) had an approved FY23 Budget of $1,026,195.00 from Measure M Bonds. No additional appropriation was needed to complete the project.

Coordinated With:

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

Description
City Council City Council Regular Meeting 33
CONTRACT CHANGE ORDER Description Amount
CCO 01 Pavement Rehabilitation on McMillan Street between Stoneacre Avenue and Atlantic Avenue $89,120.53
CCO 03.1 Bid Item 9 - Sawcut and Remove Existing AC Pavement, Base, and Subgrade is deleted to its entirety. See CCO 02.1b for the revised scope. -$141,470.00 CCO 03.2
Revised Stoneacre AC rehabilitation work. AC removal thickness is revised from 13" to 6.5". Bid Item 9 - Sawcut and Remove Existing AC Pavement, Base, and Subgrade quantity is revised to reflect the reduced AC removal thickness from 13" to 6.5".
$83,587.60
CCO 03.3
Revised Stoneacre AC rehabilitation work. Crushed Aggregate Base (CAB) construction is removed from the project. Bid Item 10 - Provide and Place Crushed Aggregate Base (CAB) quantity is removed from the contract, to its entirety.
-$81,374.00
CCO 03.3
Revised Stoneacre AC rehabilitation work. AC leveling course is increased

from 1" to 4" thickness. Bid Item 11 - Construct AC Leveling Course quantity is revised to reflect the thickened AC leveling course section from 1" to 4" thickness.
$118,950.00
CCO 03.4
Revised Stoneacre AC rehabilitation work. AC wearing course is reduced from 3" to 2.5" thickness. Bid Item 12 - Construct ARHM Overlay quantity is revised to reflect the reduced AC wearing course section from 3" to 2.5" thickness.
-$20,615.00
ORIGINAL AMOUNT $579,508.00
CHANGE ORDER TOTAL $48,199.13
TOTAL NEW CONTRACT $627,707.13
Stoneacre Improvement Project FY22/23 Change Order List ATTACHMENT A
34 ATTACHMENT B

STONEACRE AVENUE IMPROVEMENTS BEFORE AND AFTER PICTURES

BEFORE AFTER

35 36
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ACCEPTING THE STONEACRE AVENUE IMPROVEMENT PROJECT BETWEEN CARLIN AVENUE AND MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE WHEREAS, On March 15, 2022, the City Council of the City of Lynwood approved the cost sharing cooperative agreement with the City of Compton for the streets of Stoneacre Avenue from Carlin Avenue to McMillan Street; and WHEREAS, the Project consisted of removal and construction of concrete sidewalks, curb and gutters, driveways approaches, curb ramps, removal of existing asphalt, base and subbase, install asphalt overlay and striping; and WHEREAS, On August 2, 2022, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc. in the amount of $579,508.00; and WHEREAS, the construction of the Project started on October 24, 2022; and WHEREAS, there were two (2) contract change orders executed in the amount of $48,199.13; and
WHEREAS, the final date of construction was February 27, 2023 for the Stoneacre Improvement Project and all work was completed in accordance with the project plans and specifications; and
WHEREAS, the total construction cost including project management, construction management, inspection, and labor compliance is $700,059.51; and WHEREAS, the City of Compton paid their shared cost of this project in the amount of $401,755.67;
WHEREAS, the total construction budget was $1,026,195.00; and WHEREAS, no additional appropriation was needed.

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

Section 1. The City Council for the City of Lynwood finds and declares that the forgoing recitals are true and correct and incorporates said recitals fully into this Resolution as substantive findings.
37 2
Section 2. That the City Council of the City of Lynwood accepts the Stoneacre Avenue Improvement Project between Carlin Avenue and McMillan Street Project, FY 2022-2023 (CIP 4011.68.111) as complete in accordance with contract documents.

Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office.

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

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

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

Section 7 . The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
38 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
39 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
40 AGENDA STAFF REPORT

DATE:

October
3, 2023
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Mark Flores, Director of Recreation & Community Services SUBJECT:

PARADE PRODUCTION SERVICES AGREEMENT AND STREET
CLOSURES FOR THE CITY’S 2023 CANDY CANE LANE CHRISTMAS
PARADE
Agenda Item # 8.4.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE

CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGEANTRY PARADES TO PROVIDE PRODUCTION SERVICES FOR THE 2023 CANDY CANE LANE CHRISTMAS

PARADE AND APPROVING OF STREET CLOSURES NEEDED TO EXECUTE THE PARADE AND SUPPORTING ACTIVITIES.”
Background:

Discussion and Analysis:

Coordination and execution of a parade at the scale of Lynwood’s annual Candy Cane Lane Christmas Parade is a complex production that requires extensive planning and logistical support from an experienced, professional parade production company. Staff has negotiated a cost-effective scope of services agreement with Pageantry Parades for the 2023 event.

City Council City Council Regular Meeting 41
Special considerations in the proposed agreement for the 2023 event include, but are not limited to:

Guarantee of a minimum amount of parade vehicles to be provided.

All-inclusive parade production pricing schedule for core services (plus “pass-through” costs for optional rentals).

Enhanced pre-parade transportation plan (Reception to Starting Point).

Radio Communications between staff, Sheriffs and parade production staff.

The negotiated Scope of Services Agreement between the City of Lynwood and Pageantry includes considerations for the following core elements:

1 .

Parade Script
2 .

Transportation Services
3 .

Parade Float
4 .

Parade Vehicles
5 .

Parade Vehicle Signs, Entry Vehicle Passes and Participant Entry Numbers 6 .

Prepare and Distribute Parade Applications
7 .

Parade Announcer and Judges
8 .

Parade Staff for Check-in, Formation and Staging Areas

The City of Lynwood’s Purchasing Ordinance requires that contracts for professional/special services between the amounts of fifty thousand and one ($50,001) dollars and two hundred thousand ($200,000) dollars be awarded pursuant to an informal bid/proposal process. (LMC Section 6-3.9(d).

However, Lynwood Municipal Code Section 6-3.12 provides a list of exceptions to the City's standard procurement procedures. Here, as discussed below, City staff requests the City Council to find that exceptions 6-3.12 apply to the procedure of these services.

As allowed by
Section 6-3.12 (§ a.2 & a.3)
of the Lynwood Municipal Code, staff is requesting
to enter into an agreement with
Pageantry Productions
to coordinate the 2023 City of
Lynwood Christmas Parade. Section 6-3.12 of the Lynwood Municipal Code states:

6-3.12 Exceptions:
1 .

Any provisions of this section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies, equipment, general or City Council City Council Regular Meeting 42
professional/special services under any of the following circumstances:

2 .

When there is a market shortage of certain goods or services; or 3 .

When the supplies, equipment, services or contract could be obtained from only one source; or …

Potentially, there may be other providers of parade production services. However, with extensive experience in leading the parade planning efforts, staff has not been able to identify another, full-service & qualified parade production company that can provide the full range of services that the Lynwood parade requires. Moreover, numerous parade-services firms have recently gone out of business due to COVID economic impacts.

Furthermore, given the production’s planning timeline; additional costs involved with producing an RFP; the high probability of a limited response to an RFP and the recommended provider’s demonstrated experience in specifically producing the Lynwood parade, staff recommends that
Pageantry Parades
be approved as the 2023 parade production company. Given the scope of the Lynwood parade demands and the limited number of firms specializing in full- parade services, staff expects that issuing an RFP for parade production services would likely result in a very limited response and the recommended vendor as the top vendor.

Pageantry
Parades
has demonstrated the ability to successfully perform services that include handling mailings; processing and distribution of participant entries; parade line-up and staging; floats, transportation and key parade entry rentals; parade scripting and production; contracting with judges and awards presentation.

This specific vendor that staff is recommending best and most efficiently arranges à la carte
services and parade-related rentals that are expected by the City for the Lynwood parade.

These options are for specialized items and services such as floats, staging, professional Santa Claus actor, prominent marching bands and related transportation ( Attachment #1 -
Page #3
). The total value of the proposed agreement ranges from $14,500 (for parade production only) to potentially up to $80,000 (parade production + à la carte
parade options).

Based on past parade productions, City Council requests and community expectations of the parade, it is likely that the majority of the options listed in the proposal will be implemented.

Staff recommends that the City Council adopt the attached resolution approving (a) the agreement with
Pageantry Parades
at a cost not to exceed $80,000; (b) authorizing the City Manager to execute the agreement, and (c) approving of street closures needed to execute the parade.

Fiscal Impact:

The action requested in this agenda item does not involve a new funding allocation. Funding City Council City Council Regular Meeting 43
Attachment A - 2023 Parade Agreement v2 092223.pdf
Professional-Services-Agreement-Lynwood-Christmas Candy Cane Lane Parade 2023 DRAFT Proposed 100323 AGENDA COPY.docx
Resolution - 2023 PARADE_PROD_SERVICES Agreement.docx
for the not-to-exceed cost of $80,000 for parade production services and parade options is already included within the adopted FY23/24 City Budget’s Special Events Account #1052.60.701.64020 and designated special events activities accounts.

Coordinated With:

City Attorney
Finance and Administration
ATTACHMENTS:

Description
City Council City Council Regular Meeting 44
Pageantry Parades
PO Box 2400
Downey, CA 90242
T : ( 562 ) 746 - 2300
F : ( 562 ) 869 - 1927
E : [email protected]
W: www.pageantryparades.com
Attachment A
Scope of Services
September 15, 2023
City of Lynwood
Annual Candy Cane Lane Parade
11330 Bullis Road
Lynwood, CA 90262
We at Pageantry Parades, hereby further known as PARADE, agree to assist the City of Lynwood and their parade committee, hereby further known as CCLP, in producing their Annual Candy Cane Lane Parade on Friday - December 8, 2023 @ 7:00pm. We agree to assist the CCLP with the use of our most up-to-date mailing list to obtain entries for the day of parade.

I. PARADE is responsible for the following Items:

A. Awards
i. Grand Marshal Plaque (1)
ii. Musical Sweepstakes Award (1)
iii. Drill Team Sweepstakes Award (1)
iv. Float Sweepstakes (1)
v. Hometown Award (1) - Best Local Entry
vi. All necessary 1st, 2nd, and 3rd place awards for each class / category offered
B. All necessary participant vehicle passes
1 of 7

ATTACHMENT - A
45 C. All necessary unit numbers with pins for day of parade D. Parade Staff, including but not limited to, Check-In, Formation Area, and Announcer
E. A PARADE representative to attend all necessary parade meetings F. Prepare, Distribute, and Receive by mail, e-mail, or fax all parade paperwork, including but not limited to, applications, letters of Acceptance, Maps, Passes, etc … in conjunction with the parade G. Formulate the parade line-up
H. Write the parade script and provide two (2) hard copies in a folder to the Announcer(s) and / or TV for use day of the event
I. Coordinate / Manage all aspects of the parade on the day of the event including but not limited to Check In, Formation Area(s), Communication with CCLP, and having on hand all necessary paperwork ( line-ups. maps, letters, passes, scripts ), and any additional parade committee approved items ( awards, ribbons, etc )
J. Answer calls, E-mails, and Faxes to the PARADE office from participants, and local agencies during office hours --- Monday - Friday (10:00am - 4:00pm) K. Coordinate with local officials in regards to permits, street closures, barricades / barriers, portable restrooms, city staffing required for the parade
L. Design Application, Map, Acceptance Letter, and Parade Pass for the exclusive use of the City of Lynwood and the Candy Cane Lane Parade, and Contact and arrange for judg ing association
M. Order a Radio Package for PARADE and CCLP ( 2 - Recreation & Community Services, 1 - Los Angeles County Sheriff, 1 - Public Works, & 1 - Private Security )
N. Maintain a minimum General Liability Insurance Coverage of … i. General Liability

a. $1,000,000 ( each occurrence )

b. $2,000,000 ( general aggregate )
ii. Auto Liability
a. Hired
b. Non Owned
c. Scheduled
d. Physical Damage
iii. Workers Compensation
O. Provide Certificate of Insurance to CCLP
P. Acquire a Parade Judg ing Association to Judge all non-dignitary units in the parade
2 of 7
46 Q. Acquire a Santa Claus [ per additional budget items - see below ] for the use of CCLP in the parade and at the VIP Hosting Area at Bateman Hall for the hours of 5:30pm - 10:30pm, or until the parade is finished, whichever comes first, along with the tree lighting at 5:30pm on November 30, 2023, and City of Lynwood Santa Visit at 5:15pm on December 13, 2023.

R. Use approved Band Transportation / Assistance funds [ per secondary budget items - see below ] to secure marching bands for the parade S. Acquire the Stage [ per additional budget items - see below ] for the use of CCLP to hold the parade announcer and dignitaries, including, PA System, Microphones ( 4 ), & Lighting Package, along with a stage layout at least one week prior to the parade
T. Set up the Judg ing Area adjacent to the Stage, including Tent, Tables, Chairs, and Lighting for the judging panel
U. Acquire VIP Cars ( convertibles ) for use by dignitaries in the parade. [ Limited to Five ( 5 ) trips unless otherwise agreed to by PARADE ] V. Acquire any item(s), listed or unlisted, under Additional Budget Items ( section iii ) that have not been specifically named in this agreement II. Fee Schedule
A. MAIN BUDGET ITEMS ( approved )

Parade Coordination - - - - - - - - - - $ 12,000.00 Professional Judges Association - - - - - - - - - - $ 1,500.00 Radio Package ( 15 ) - - - - - - - - - - $ 500.00 VIP Cars ( 4 @ $125.00 ) * - - - - - - - - - - $ 500.00 ____________________________________________________________________________ _ Total Main Budget Items - - - - - - - - - - $ 14,500.00 B. ADDITIONAL BUDGET ITEMS ( Upon Approval ) I. Professional Floats ( Each ) - - - - - - - - - - $15,000.00 II. Stage ** - - - - - - - - - - $ 6,000.00
III. Band Transportation *** - - - - - - - - - - $ 4,000.00 IV. New Orleans Jazz Band - - - - - - - - - - $ 2,500.00 V. Horse Drawn Vehicles ( Each ) **** - - - - - - - - - - $ 1,500.00 VI. Santa Claus - - - - - - - - - - $ 750.00
VII. VIP / Dignitary Ribbons - - - - - - - - - - $ 750.00 VIII. Antique Fire Truck - - - - - - - - - - $ 500.00 IX. Certificate of Insurance - - - - - - - - - - $ 500.00 X. VIP Cars ( Each Additional ) * - - - - - - - - - - $ 125.00 XI. Plaques ( Each, Additional ) - - - - - - - - - - $ 80.00 XII. VIP / Dignitary Signs ( Additional Sets ) - - - - - - - - - - $ 30 .00 XIII. Scripts ( Each, Additional ) - - - - - - - - - - $ 25.00 XIV. Additional Stage Lighting - - - - - - - - - - $ TBD XV. Parade Announcer ***** - - - - - - - - - - $ TBD ____________________________________________________________________________ 3 of 7
47 * Cost includes 1 Car / 1 Trip. Additional trips are extra ** Stage, Truss, Lighting ( 2 Par 46 Cans ), Skirting, Stairs, Railing, Sound Package with 4 Microphones ( 2 Cord / 2 Cordless )
*** $400 - $800 per band
**** Mr. & Miss Lynwood ( 6 people maximum )
***** Pageantry will pay $150.00 towards the cost of an announcer C. PREMIUM BUDGET ITEMS ( Upon Approval ) I. TV / Movie Cars Regular ( each ) - - - - - - - - - - $ 850.00 a. Jurassic Park Jeep
b. Jurassic Park Explorer
c. Austin Powers “Gold Member” Shaguar
d. A-Team Van
e. Transformers - Bumblebee
f. Herbie
g. Ghostbusters ( 2016 Edition )
h. Lightning McQueen
i. Tow Mater
j. Kitt - Knight Rider
k. Baywatch Lifeguard Truck
l. Back to the Future - Delores
m. Back to the Future - McFly Truck
n. Blues Brothers Mobile
o. General Lee - Dodge Charger
p. Starsky & Hutch - Ford Gran Torino
q. Magnum PI - 308 Ferrari
r. Teenage Mutant Ninja Turtle - Van
s. James Bond - Aston Martin “Die Another Day”
t. Star Wars Vehicle
II. TV / Movie Cars Premium ( each ) - - - - - - - - - - $ 2,000.00 a. Batmobile (1966 Edition )
b. Batmobile (1989 Edition )
c. Ghostbusters Ecto-1 ( 1984 Edition )
III. Balloons Package - - - - - - - - - - TBD a. Christmas Ornaments
b. Christmas Ornament Costumes ( Inflatable )
c. Helium
IV. Confetti FX
a. Bronze: 2 Canon Tissue Slowfall ( white ) - - - TBD b. Big Blaster: Continuous Flow - 10 lbs - - - TBD c. Silver: 4 Canon Tissue Slowfall ( white ) - - - TBD d. Combo: Big Blaster & Bronze: - - - TBD

____________________________________________________________________________ 4 of 7
48 III. CCLP hereby agrees to provide / perform the following:

A. Parade hosting for vips / dignitaries

B. Portable restrooms in the formation area, disbanding area, announcers stand, and the parade route as recommended by PARADE
C. Distribute applications to local entries
D. Distribute all press releases to local media
E. Act as liaison between local service clubs, businesses, city agencies and PARADE
F. Acquire the Grand Marshal and any Parade Marshals
G. Provide Banners and Banner Carriers
H. Clear all necessary permits
I. Arrange for electrical power, tables, and chairs for the Stage on the night of the parade
J. Have a parade committee member in attendance the day of the parade to act as a liaison and provide any necessary last minute approvals K. Carry liability insurance which is primary to PARADE L. Coordinate for the formation, parade route and disbanding areas to be posted with “no parking” sign s a minimum of 72 hours prior to the parade M. Distribute parade information flyer to any business and / or residence along the parade route, formation area, and disbanding area a minimum of two ( 2 ) weeks prior to the parade
IV. PAYMENT
A. We propose to furnish labor and / or materials, completed and in accordance with / to the above specifications, and subject to the conditions outlined in this agreement and payment documented under the approved Main Budget Items for the minimum sum of …
I. Fourteen Thousand Five Hundred Dollars and Zero Cents $14,500.00 II. This amount does not include any approved Additional Budget Items or Premium Budget Items, which are over and above the amount listed in Section IV, Paragraph A, Section I.

B. Payment is due as follows:

I. Invoice #1 - Deposit Payments:
a. Payment Amount: $2,500.00
b. Payment Due: Wednesday - November 8, 2023
c. Payable to: Pageantry Parades
5 of 7
49 II. Invoice #2 - Main Budget Items
a. Payment Due: Wednesday - December 6, 2023 @ 12:00pm b. Payable to: Pageantry Parades
c. Not to exceed: $13,500.00
III. Invoice #3 - Premium Budget Items
a. Payment Due: Wednesday - December 6, 2023 @ 12:00pm b. Payable to: Companies / Groups listed on the invoice c. Not to exceed: $25,000.00

IV. Invoice #4 - Floats, HDV’s, & NOJ
a. Payment Due: Wednesday - December 6, 2023 @ 12:00pm b. Payable to: Companies / Groups listed on the invoice c. HDV: Horse Drawn Vehicles
d. NOJB: New Orleans Jazz Band
e. Pageantry will acquire Insurance policies from Santa Float and HDV’s that name CCLP as an Additional Insured

V. CANCELATION POLICY

A. In the event of cancellation, the following policies and / or penalties will be in effect.

I. If Cancelled By:

a. 09/08/23 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 5,000.00 b. 10/08/23 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 7,500.00 c. 11/08/23 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 10,000.00 II. Amounts noted directly above are for Main Budget Items only. It does not include penalties incurred for cancelation of Additional Budget Items or Premium Budget Items, such as Santa Claus, Horse Drawn Vehicles, Floats, VIP Ribbons, VIP Cars, etc ... that have been approved by CCLP via this agreement, at a parade meeting, or in writing.

III. Any notice given after 11/08/23 @ 12:00pm will result in a penalty of 100% of all Main Budget Items, Additional Budget Items, and Premium Budget Items confirmed by PARADE at the time of cancellation.

IV. Upon written Notice of Cancellation, PARADE will submit a Final Invoice(s) for total cancellation costs. Payment of invoice(s) should be made within 15 days of Cancellation Notice.
6 of 7
50 VI. CONFIDENTIALITY AGREEMENT

a. The above prices, specifications and conditions of this contract, respectfully submitted are between PARADE and CCLP. The contents of this six page agreement are a private contract between the two parties and as such the details shall not be shared with any person, business, organization, sub contractor or entity on the part of CCLP, outside of those approved in advanced by, or without the express written consent of, PARADE, except where prohibited or required by law.

VII. ACCEPTANCE
The above prices, specifications and conditions respectfully submitted are satisfactory and are hereby accepted. You are authorizing PARADE to do the work as specified.

DATE OF ACCEPTANCE:

BY: David A. Sarell Date: 9/15/23 ( pageantry parades )
BY: _______________________________________________ Date: _________________ ( city of lynwood )
BY: _______________________________________________ Date: _________________ ( city of lynwood )
All parade paperwork (applications, maps, passes, acceptance letters, etc ..), the information contained within, and the submitted applications, whether on-line or hard copy, with the exception of local entry contact information, is the sole property of PARADE. Any use of these forms or information without the express written consent of PARADE is prohibited.

7 of 7
51 1

PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of October 4, 2023 by and between the City of Lynwood, a municipal corporation ("City") and Pageantry Parades (“Consultant”).

City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide parade production assistance for the City’s Candy Cane Lane Parade as set forth in the Scope of Services attached hereto as Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

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

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

2. Term of Agreement. This Agreement shall commence on October 4, 2023 and (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit Aare completed, but in no event later than December 21, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

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

B. Total payment to Consultant pursuant to this Agreement shall not exceed seventy-thousand dollars $80,000.00.

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur 52 2
such expenses; and (III) receipts documenting such expenses.

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

5. Addresses.

City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
(E-mail): [email protected]
Company
Pageantry Parades
PO BOX 2400
Downey, CA 90242
Attn: David A. Sarell
(Tel): (562)746-2300
(E-mail): [email protected]

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

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

SIGNATURES ON FOLLOWING PAGE
53 3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.

CITY

CITY OF LYNWOOD
By: ______________________________ ______________________ Ernie Hernandez, City Manager Date

CONSULTANT

PAGEANTRY PARADES
By: _______________________________ ________________________ David A. Sarell, Event Coordinator Date
ATTEST:

By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:

By: ______________________________ ________________________ Noel Tapia, City Attorney Date
54 1

EXHIBIT A

SCOPE OF WORK
55 1

EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

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

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

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

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

Consultant further agrees to defend, indemnify, and hold the City harmless for any and 56 2
all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.

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

3. Indemnification.

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

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

C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
57 3

4. Insurance.

A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.

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

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

C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
58 4
D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".

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

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

5. Release of Information/Confidentiality.

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

B. Consultant shall promptly notify City should Consultant, its officers, 59 5
employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response

6. Ownership of Work Product.

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

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

7. Conflict of Interest.

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

Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.

B. Consultant covenants not to give or receive any compensation, monetary or 60 6
otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.

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

Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.

Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.

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

9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.

10. Non-Discrimination and Equal Employment Opportunity.

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

B. Consultant will, in all solicitations or advertisements for employees placed by 61 7
or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

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

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

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

13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

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

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

16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this 62 8
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.

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

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

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

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

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

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

23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, 63 9
including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this 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 emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.

Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or 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.
64 RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGEANTRY PARADES TO PRODUCE THE 2023 CANDY CANE LANE

CHRISTMAS PARADE AND APPROVING OF STREET CLOSURES NEEDED TO

EXECUTE THE PARADE AND SUPPORTING ACTIVITIES
WHEREAS, the City desires to make use of parade production services to produce and execute the 2023 City of Lynwood Candy Cane Lane Christmas Parade; and
WHEREAS, Pageantry Parades is a local company experienced in producing community parades; and
WHEREAS, the City of Lynwood’s Purchasing Ordinance requires that contracts for professional/special services between the amounts of fifty thousand and one ($50,001) dollars and two hundred thousand ($200,000) dollars be awarded pursuant to an informal bid/proposal process; and
WHEREAS, Lynwood Municipal Code Section 6-3.12 provides a list of exceptions to the City's standard procurement procedures; and WHEREAS, per Section 6-3.12 (§ a.2 & a.3) of the Lynwood Municipal Code, the Lynwood City Council finds that acquisition of parade production services may be more economically and efficiently effected through the use of an alternate procedure.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

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

Section 2. That the City Council approves the street closures of Martin Luther King, Jr., Blvd. (from Benwell Drive to Wright Road, inclusive); Bullis Road (from MLK to Fernwood Avenue, inclusive); Atlantic Ave. (from MLK to Fernwood Ave., inclusive); and Ernestine Ave. (from MLK to Platt Ave., inclusive) for the purpose of the annual 2023 Candy Cane Lane Christmas Parade and its supporting activities.

Section 3. That the City Council approves of the entering into a Professional Services Agreement with Pageantry Parades to produce the 2023 Candy Cane Lane Christmas Parade.

Section 4. That the City Manager is authorized to issue a purchase order in an amount not to exceed $80,000 from the following designated accounts for special events activities:
65 Account Amount
1052.60.701.64020 $55,000
1011.60.701.64020 $25,000
Section 5. That the City Manager is authorized to execute an agreement with Pageantry Parades to produce the annual Candy Cane Lane Christmas Parade for the year 2023.

Section 6. That this resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 3rd day of October, 2023. ____________________________
Oscar Flores, Mayor
ATTEST:
_________________________ _____________________________ Maria Quinonez, City Clerk Ernie Hernandez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ______________________________ Noel Tapia, City Attorney Mark Flores, Director
Recreation & Community Services
66 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 3rd day of October, 2023 and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez
City Clerk, City of Lynwood

STATE OF CALIFORNIA )
) §

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

Dated this 3rd of October, 2023.

Maria Quinonez
City Clerk, City of Lynwood
67 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:

APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4)
PROJECT, FY 2023-2024 (CIP PROJECT NO. 4011.68.128)
Agenda Item # 9.1.

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “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).”
Background:

The City of Lynwood has implemented a citywide slurry seal program. The Citywide Slurry Seal Program is currently under construction for Phase 3 and design completion for Phase 4.

Slurry Seal projects are an important part of the city’s pavement management program. The treatment provides a new wearing surface of the road and protects it from sun and water damage. A slurry seal is a maintenance treatment that prolongs the life of asphalt at a fraction of the cost of full pavement (structural) repair.

As part of the City’s FY 2023-2024 CIP project list, The City will be working on both Slurry Seal Phase 3 and Phase 4. Staff has consulted with Infrastructure Engineers Inc. for the preparation of plans and specifications. The plans and specifications have been complete and our ready to be published for bidding.

City Council City Council Regular Meeting 68
Discussion and Analysis:

The design for the Citywide Slurry Seal (Phase 4) project has been completed and reviewed.

The work is more specifically defined in the contract documents, but in general consists of, but is not limited to: citywide slurry seal, crack sealing, striping, including pavement cold milling and overlay at the following locations:

Street Name
From
To
Arlington Avenue
Atlantic Avenue
Gibson Avenue
Carlin Avenue
Atlantic Avenue
Millrace Avenue
Carlin Avenue
Halo Drive
Olanda Street
Cortland Street
Atlantic Avenue
Duncan Avenue
Cortland Street
El Granada Avenue
Louise Avenue
Cortland Street
Lugo Park Avenue
Wright Road
Duncan Avenue
Sanborn Avenue
Martin Luther King Jr.

Boulevard
Duncan Avenue
Martin Luther King Jr.

Boulevard
Walnut Avenue
Duncan Avenue
Walnut Avenue
Cortland Street
Duncan Avenue
Josephine Street
Lavinia Avenue
Edgebrook Avenue
Rayborn Street
Olanda Street
Edgebrook Avenue
Olanda Street
Fertile Street
El Granada Avenue
Cortland Street
Fernwood Avenue
First Avenue
Josephine Street
Agnes Avenue
Josephine Street
Duncan Avenue
Wright Road
Lugo Park Avenue
Cortland Street
Fernwood Avenue
McMillan Street
Wright Road
E.O.P
Niland Street
Virginia Avenue
Duncan Avenue
Niland Street
Duncan Avenue
Wright Road
Pendleton Avenue
Atlantic Avenue
City Limit
Phillips Avenue
Lavinia Avenue
Clark Street
Pope Avenue
Sanborn Avenue
Martin Luther King Jr.

Boulevard
Pope Avenue
Walnut Avenue
Cortland Street
Pope Avenue
Cortland Street
Fernwood Avenue
Vieta Avenue
Cortland Street
Fernwood Avenue
Virginia Avenue
Los Flores Boulevard
Elmwood Avenue
Virginia Avenue
Beechwood Avenue
Sanborn Avenue
Virginia Avenue
Martin Luther King Jr.

Boulevard
Walnut Avenue
City Council City Council Regular Meeting 69
Virginia Avenue
Josephine Street
Lavinia Avenue
Virginia Avenue
Lavinia Avenue
Niland Street
Virginia Avenue
Niland Street
Alvada Street
Virginia Avenue
Alvada Street
Clark Street
Wright Road
Fernwood Avenue
Josephine Street
Wright Road
Josephine Street
Lavinia Avenue
Wright Road
Lavinia Avenue
Niland Street
Wright Road
Niland Street
Clark Street
Wright Road
Clark Street
Pelluer Street
Wright Road
Pelluer Street
Rayborn Street
Wright Road
Olanda Street
McMillan Street

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

The bid schedule is as follows:

Release Date October 4, 2023 Last Date to Submit RFI Questions October 18, 2023, Wednesday, at 5:00PM RFI Response Posted October 25, 2023 Bid Due Date November 1, 2023, Wednesday, at 10:00 AM City Council Awarding Date November 21, 2023

Project Budget

The estimated project expenditures are as follows: This may change based on the outcome of City Council City Council Regular Meeting 70
the actual bids.

Estimated Construction Cost
Engineer Estimated Construction Cost
$623,000.00
Contingency (10%)
$62,300.00
Construction Management & Inspection (10%)
$62,300.00
Labor Compliance and other related cost (10%)
$62,300.00
Project Management/Support (10%)
$62,100.00
Total Estimated Construction Cost
$872,000.00

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

Below is the table of the current Slurry Seal Phase 4 Project Budget:

FY24 Project Budget
General Fund
$340,000
Gas Tax
$224,000
SB1
$102,500
Measure M
$214,000
Prop C
$375,000
Measure R
$90,000
Transfer to P2P2B Project

Gas Tax
($150,000.00)
Measure M
($100,000.00)
Total Project Funding
Available
$1,095,500.00

Fiscal Impact:

This Project’s FY 23-24 original CIP budget includes $1,345,000 from General Fund, Gas Tax, SB1, Measure M, Prop C, and Measure R. This project’s budget will be reduced by amount of $250,000 from Gas Tax and Measure M funds and will be transferred to the Priority 2 Phase 2B Street improvement project (4011.68.123). This transfer of funds will be sent for approval by the City Council of the City of Lynwood in the Priority 2 Phase 2B Award of Contract Staff Report.

City Council City Council Regular Meeting 71
Citywide Slurry Seal (Phase 4) Final Submittal Specifications-8-30-23.pdf 10-03-2023 Slurry Seal P4 Advertise (Resolution) - PWD.docx Coordinated With:

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

Description
City Council City Council Regular Meeting 72
City of Lynwood
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
Public Wor
ks Department
Bid date: XXXX, XXX, X, 2023 @ 10:00 A.M.

PREPARED BY:

Infrastr
ucture Engineers
For the City of Lynwood
73 Oscar Flores
MAYOR
Rita S
oto Gabriela Camacho
Mayor Pro-Tempore Council Person
Juan M
uñoz-Guevara José Luis Solache
Council Person Council Person
Ern
ie Hernandez
City Manager
Juli
an Lee, P.E.

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

Acting City Engineer, City of Lynwood
74 i

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

IN THE CITY OF LYNWOOD, CALIFORNIA

Prepared By:

Infrastructure Engineers
75 ii

CITY OF LYNWOOD PROJECT
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

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

Engi
neer: Mohammad Jalali Farahani, P.E., TE
Tit
le: Principal Engineer
Name of Firm or Agency: Infrastructure Engineers
Approved By:
______
_______________________________________________
Mir. T. Fattahi, MsCE, P.E.

Acting City Engineer
76 iii

CITY OF LYNWOOD

CONTRACT DOCUMENTS

TABLE OF CONTENTS

PART 1 -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS
Section 1.1 Notice Inviting Bids
1 .2 I nstructions to Bidders

1.3 Bid Documents

1.3.1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder’s General Information

1.3.8 Bidder’s Insurance Statement

1.4 Agreement and Bonds

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

1.4.4 Certificates/Proof of Insurance and Endorsements

PART 2 -- SPECIAL PROVISIONS
Section 2.1 General, Terms, Definitions, Abbreviations, and Symbols

2.2 Scope of the Work

2.3 Control of the Work

2.4 Control of Materials

2.5 Legal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 M easurement and Payment

2.8 Facilities for Agency Personnel

2.9 Construction Details (Materials and Methods)

PART 3 -- TECHNICAL PROVISIONS

PART 4 -- APPENDICES
Section 4 .1 Appendix A – Department of Industrial Relations (DIR) C ontractor Registration Number Form

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

4.3 Appendix C – Standard Plans

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

4.5 A ppendix E – Substitution Request Form

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

4.7 A ppendix G – Project Sign

4.8 Appendix H – Trash Collection Schedule

4.9 A ppendix I – Engineering Plans (Contract Drawings) 77 iv

CITY OF LYNWOOD
PUBLIC

WORKS DEPARTMENT
PART 1 - BIDDING AND CONTRACTUAL

DOCUMENTS AND FORMS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

CITY OF LYNWOOD
Sect
ion 1.1 Notice Inviting Bids

1.2 Instructions to Bidders

1.3 Bid Documents

1.3.1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder's General Information

1.3.8 Bidder’s Insurance Statement
Sec
tion 1.4 Agreement and Bonds

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

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

CITY OF LYNWOOD

1.1 NOTICE INVITING BIDS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

1.1.1 NOTICE IS HEREBY GIVEN that bids for the CITYWIDE SLURRY SEAL (PHASE 4) PROJECT will be rec eived by the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262 until November 1, 2023 @ 10:00 A.M., at which time they wil l be published on PlanetBids. The form of the bids shall be in accordance with the Instructions to Bidders, and any bids received after the time
and date specified above will not be accepted.

All Questions should addressed to the attention of Mr. Mir T. Fattahi (Acting City Engineer) on PlanetBids by October 18, 2023 @ 5:00 P.M.

1.1.2 WITHDRAWAL OF BIDS . No Bidder shall withdraw its bid for a period of sixty (60) days after the Bids have been publicly opened, subject to the exceptions set forth in Sect ion 5103 of the California Public Contract Code. This sixty (60) day review period may be extended upon the written request of the City Engineer, and written approval of the affected Bidders.

1.1.3 DESCRIPTION OF THE WORK: The Work encompassed by the Project is more specifically defined in the Contract Documents, but in general consists of, but is not limited to, the following Work: citywide slurry seal, including pavement coldmilling and overlay at some locations. The Work is to be completed before the expiration of FIFTY (50) CALENDAR DAYS from the date specified in a written “Notice to Proceed” from the City. The Engineer’s Cost Estimate
is between $620,000 to $ 700,000.

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

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

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

1.1.7 CALIFORNIA WAGE RATE RE QUIREMENTS: The Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates and the latest revisions thereto are on file at the City Engineer’s Office of the City of Lynwood located at 11330 Bullis Road, Lynwood, California 90262. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. 79 vi

1.1.7a NOTICE REQUIREMENTS
a. No contractor or subcontra ctor may be listed on a bid propo sal for a publi c works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with li mited exceptions from this requirement for bid purposes only under Labor Code sectio n 1771.1(a)]. b. No contractor or subcontractor may be aw arded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
c. This project is subject to complianc e monitoring and enforcement by the Department of Industrial Relations.
d. The contractors and s ubcontractors must furnish electronic certified payroll records to the Labor Commissioner each time a request for payment is made to the City.

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

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

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

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

BY ORDER OF THE CITY COUNCIL, CITY OF LYNWOOD, CALIFORNIA Maria Quiñónez, CITY CLERK
Date: November 1, 2023,
City of Lynwood
____________________________________________________
Mir T. Fattahi, MsCE, P.E.

Acting City Engineer
80 vii

CITY OF LYNWOOD

1.2 I

NSTRUCTIONS TO BIDDERS

1.2 .1 DEFINED TERM S - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General Prov isions of the Standard Specifications for Public Works Construction (the “Greenbook”) latest Edition and the Special Provisions of the Contract Documents. The term "Bidder" shall mean one who submits a Bid directly to the City of Lynwood as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "E ngineer" shall be as defined in the Spec ial Provisions. “Bid Documents” shall consist of those documents listed in Section 1.3 hereof.

1.2 .2 COMPETENCY OF BIDDERS - In selecting the Lowest Responsible Bidder under the procedure set forth in Subsection 1.2.18 of these Instructions, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's recent experience on the form entitled "Bidder's General Information," bound herein. Résumés of key construction personnel who will be assigned to the Work shall also be required.

Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids.

1.2 .3 DISQUALIFICATION OF BIDDERS - More t han one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the Cit y believes that collusion exists among the Bidders, all Bids will be rejected.

1.2. 4 BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE - (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations t hat may af fect cost, progress, or performance of the Wor k; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents.
(b) Re
ference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparatio n of the Contract Documents. However, such reports are NOT a p art of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies
of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d)
Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to unde rground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness the reof unless it i s expressly provided otherwise in the Special Provisions.
(e)
Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possi ble changes in the Contr act Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f
) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or which otherwise may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.
(g) W
here feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration.
(h) The lan
ds upon which the Work is to be performed, the rights -of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identif ied in the Plans (Contract 81 viii
Drawings) of the Contract Docum ents. All additional lands and access thereto required for temporary constru ction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures will be obt ained and paid for by the City un less otherwise specified in the Contract Documents.
(i)
The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidde r has complied with every requirement of this Section; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work.

1.2 .5 INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents shall be in writing and hand-delivered or mailed to the Engineer at the City of Lynwood, Pu blic Works Dept., 11330 Bullis Road, Lynwood, California 90262. Faxes and e-mails will not be accepted. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be re solved by the issuance of Addenda mailed or hand- delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

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

1.2. 7 NON-RESPONSIVE BIDS – Non-responsive bids will be rejected. A bid shall be considered non-responsive for reasons including, but not limited to, the following:

1. The B
idder fails to furnish a price for all Bid Items in the Bid Schedule when the re is more than one Bid Item in the Bid Schedule.

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

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

4. The pe
rcentage of work to be performed by subcontractors exceeds 50% of the Total Bid Price.

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

6. The B
idder fails to provide written acknowledgement of receipt of all Bid Addenda. 7 Ot
her reasons as permitted by applicable law.

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

1.2.8 DISCRE
PANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the Bid Schedule, and failure to do so shall render the Bid non-responsive and shall cause its rejection. In the event that there are Unit Price Bid Items in a Bid Schedule and the Item Amount listed for a Unit Price Bid Item does not equal the product of the Unit Price and the Estimated Quantity listed, the Unit Price shall govern, and the Item Amount will be adj usted accordingly. In the event that there is more than one Bid Item in a Bid Schedule and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box does not agree with the sum of prices listed in the “Item Amount” column, the prices lis ted in the “Item Amount” column on the Bid Schedule shal l govern, and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box will be adjusted accordingly. The Contractor shall be bound by the foregoing adjustments, subject to the provi sions of S ection 510 0 et seq. of t he California Public Contract Code.

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

1.2 .10 WITHDRAWAL OF BID - T he Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 82 ix

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

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

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

3. The Bidder gave the City Clerk written notice within five (5) days after the opening of Bid of the mistake, specifying in detail the nature of the mistake and how the mistake occurred.

1.2.12 MODIFICATIONS - The completed Bid forms shall be without interlineations, alterations, or erasures. Oral, FAX, telegraphic, e-mail, or telephone Bids or modifications will not be considered.

1.2.13 LIQUIDATED DAMAGES - Provisions for Liquidated Damages, if any, shall be as set forth in the Agreement and the Special Provisions.

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

The form in Appendix D of the Contract Documents shall be used to request substitutions.

1.2.15 DETERMINATION OF LOWEST RESPONSIBLE BIDDER –

(a) T he Engineer shall first establish the “Apparent Lowest Bidder,” using the Total Bid Price set forth in the applicable Bid Schedule(s), subject to the calculation adjustment criteria set forth in Section 1.2.11 of these Instructions.

(b) After the Apparent Lowest Bidder has been established, the Engineer shall review the balance of the Bid Documents submitted by the Apparent Lowest Bidder to ascertain if that Bidder’s bid is responsive. In general, a bid is considered responsive if it has been completed and submitted in accordance with all of the requirements of the Bid Documents, Notice In viting Bids, Instructions to Bidders, Special Provisions and any Bid Addenda.

(c) If the Bid submitted by the Apparent Lowest Bidder is responsiv e, that Bidder’s qualifications will be reviewed by the Engineer to ascertain if the Bidder is responsible. A responsible bidder is one who has demonstrated the attribute of trustwor thiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the Work required by the Contract Document s. Consideration will be given to the quality and performance of work on past contracts, including previous work (if any) performed by the Bidder for the City.

(d)
If the Engineer ascertains that the Apparent Lowest Bidder is responsible and has submitted a responsive bid, the Engineer shall report his findings to the City Council wit h a recommendation that the Bidder be awarded the contract for the work as the Apparent Lowest Responsible Bidder.

(e) Should the Engineer determine that the Bid submitted by the Apparent Lowest Bidder is not responsive or that such Bidder is not responsible, the Engineer shall review the responsiveness and responsibility of the next Apparent Lowest Bidder. This process shall continue until an apparent Lowest Responsible Bidder is determined and the Engineer’s findings and recommendations for award are reported to the City Council.

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

(f) Determinations and findings of the Engineer shall be reported as recom mendations to the City Council.

The City Council reserves the right reject any or all bids, and to waive any informalities or irregularities to the extent permitted by law.

1.2.16 BID PROTEST PROCEDURES –

(a) Any protest of a proposed award to the Apparent Lowest Bidder must be submitted in writing to the City Engineer no later than 5:00 p.m. on the third (3rd) business day following the date of the bid opening.

83 x
(b) The initial protest must contain a c omplete statement of the basis for the protest. The prote st mus t state the facts and refer to the specific portion of the document or the specific st atute that forms the basis for the protest. The protest must include the name, address, and telephone num ber of the protesting party and the name, address and telep hone number of a ny person representing the protesting party.

(d) The party filing the protest must have actually submitted a bid on the proj ect. A s ubcontractor of a party filing a bid on this project may not su bmit a Bid Protest. A party may not rely on the Bid Protest submitted by another bidder, but must timely pursue its own protest. (e) The procedure and time limi ts set forth in this Secti on are mandatory and are the bidder’s so le and exclusive remedy in the event of a Bid Protest. A Bidder’s failure to fully c omply with these procedures shall constitute a waiver of any right to fur ther pursue the Bid Protest, inc luding filing of a challen ge of the award pursuant to the Ca lifornia Public Contract Code, filing of a c laim pursuant to the California Government Code, or filing of any other legal proceedings.

(f) The City shall review all ti mely protests prior to award of the Bid by the City Council . The City shall not be required to hold an administrative hearing to consider a timely protest, but may do so at the option of the Engineer, or if otherwise legally required. At the time of the City Council’s consideration of the recommendation for award of the bid, th e City Council sh all also consider the merits of any tim ely protests and th e Engineer’s recommendation thereon. The City Council may either accept the protest and award the bid to the next Lowest Responsible Bidder, or reject the protest and award to the Lowest Responsible Bidder.

(g) Nothing in this Section shall be construed as a waiver of the City Council’s right to reject all bids.

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

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

1.2. 19 WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with the laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees pursuant to the Worker's Compensation Certification executed by Bidder as part of the Bid Proposal.

- END OF INSTRUCTIONS TO BIDDERS -

84 1

1.3 BID DOCUMENTS
The
following listed documents, identified in the lower right corner as "Bid Document", shall be fully ex ecuted and submitted with the Bi d prior to the time of the opening of Bids.

1.3. 1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule(s)

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder's General Information

1.3.8 Bidder’s Insurance Statement
Failure of a Bidder to fully execute and submit all of the listed documents with the Bid may result in the Bid being rejected as non-responsive.
85 2

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

CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

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

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

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

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

Number 1 ____
________________ Date ____________________
Number 2
____________________ Date ____________________
Number 3 ____
________________ Date ____________________
Number 4 ________
____________ Date ____________________
Number 5 ________
____________ Date ____________________
Number 6 ________
____________ Date ____________________
Bidder has
familiarized itself with the nature and extent of the Contract Documents, the Work, the s ite, the locality where the Work i s to b e performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the c onditions affecting cost, progress, or performance of the Work, and has ma de such independent investigations as Bidder deems necessary.
86 3
In c
onformance with the current statu tory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:

I am
aware of the provisions o f Section 3700 of the Labor Code, w hich require every em ployer to be insured against liability fo r Wor kers’ Compensation or t o undertake self -insurance in accordance with the provisions of that Code , and I will comply with such provisions before commencing the performance of the Work of this Contract.

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

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

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

Dat
ed: ________________________ Bidder: ___________________________________ B
y: _____________________________________
(Signature of Bidder’s Authorized Representative)

Title: _____________________________________
87 4
QUANTITIES OF WORK:

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

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

CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

CITY OF LYNWOOD
Item
No. Unit P
rice Bid Item Estimated
Quantity Unit Unit
Price Item Amount
1 Mobilization/ Demobilization (Not to exceed 3% of
total of all other prime Contract Bid Items) 1 LS $ $ 2 Traffic Control 1 LS $ $
3 Cold Mill Existing AC Pavement (2” Deep) 10,349 SF $ $ 4 Construct 2” Thick AC (C2-PG 64-10) 117 TON $ $
5 Place Slurry Seal Type II with 3% Latex 730 ELT $ $ 6 Install Crack Seal and Spray Weed Killer 1 LS $ $
7 Adjust Existing Storm Drain/Sewer/Utility Manhole
Frames and Covers to Finished Grade 8 EA $ $
8 Adjust Water Valve Can and Cover to Finished
Grade 10 EA $ $
9 Remove and Replace Existing Thermoplastic
Striping, Legends, Arrows and Parking Stalls 1 LS $ $ 10 Furnish and Install Public Improvement Project
Sign 4 EA $ $
Total Amount Bid in Figures $
TOTAL BID PRICE FOR UNIT PRICE BID SCHEDULE:
$ (Price in Figures)
___________________________________________________________________________________(Price in Words) 88 5

INFORMATION REQUIRED OF BIDDER

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

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

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

1.___
______________________ _______________ _________ ___________________________________

2.___
______________________ _______________ _________ ___________________________________

3.___
______________________ _______________ _________ ___________________________________

4.___
______________________ _______________ _________ ___________________________________

5.___
______________________ _______________ _________ ___________________________________

6.___
______________________ _______________ _________ ___________________________________ 89 6

1.3.4 ANTI-TRUST CLAIM

Pursuant to Public Contract Code Section 7103.5, u pon acceptance of its bid, Con tractor agrees to the follo wing: “I n entering into a public works contract o r a subcontract to supply goods, services, or materials purs uant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the State of California Business and Professions Code), arising from purchas es of goods, services, or materials pur suant to the public works c ontract or t he s ubcontract. Thi s assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.”

RESPECTFULLY SUBMITTED:

________________________________
Contractor Name

________________________________ _______________________________ Signature Address

________________________________ _______________________________ City, State, Zip T elephone (with area code)

________________________________ _______________________________ Title Date

________________________________ _______________________________

Contractor's License No. Type of License

________________________________
Federal I.D. No.

(SEAL--if Bid is by a corporation)

ATTEST ____________________________

90 7

1.3.5 NON-COLLUSION AFFIDAVIT
(To be Executed by Bidder and Submitted with Bid Pursuant to Public Contract Code Section 7106)

State of California, County of _____________________________________________________________, being first duly sworn, deposes and says that he or she is ______________________________________ of ____________________________________________ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

________________________________________
Signature

________________________________________
Typed or Printed Name

________________________________________
Title

________________________________________
Contractor / Company / Bidder Name

Subscribed and sworn to before me this ______ day of _______________________, 20____

________________________________________
Notary Public in and for the State of California

My Commission Expires: __________________
91 8

1.3.6 BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _______________ as Princ ipal, a nd
____ as Surety, are
hereby held and firmly bou nd unto the City of L ynwood, a California Municipal C orporation, (hereinafter referred to as the “City”) in the pena l sum of ______________________________________________________________ DOLLARS ($ ________________ ), being not less than ten percent (10 %) of th e Total Bid P rice, for the payment of which sum in lawful money of the United States, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents.

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

CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

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

The Sur
ety, for value received, hereby stipulates and agrees that the obligation of said Suret y and its Bond shall be in no way impaired or affected by any extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the court.
92 9
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have c aused their corporate seals to be hereto affixed and these presents to be signed by their proper officers on this _________ day of _______________________, _______.

PRINCIPAL SURETY

_______________________________ ___________________________ (Legal Company Name) (Legal Company Name)

By: ____________________________ By: ________________________

Title ___________________________ Title _______________________

(Corporate Seal) ( Corporate Seal)

IMPORTANT:

Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write suret y insurance defined in Section 105 of the California Insurance Code, and if the Work or Project is financed, in whole or in par t, with federal grant or loan funds , must also appear on the Treasury Department's most cu rrent list (Circular 570 as amended). Notary acknowledgements for Principal and Surety signatures and Power of 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 _______________________________ or Representative in California
if different from above) _ ______________________________

_______________________________

(Telephone Number of Surety and Agent _______________________________ or Representative in California)
93 10

1.3.7 BIDDER'S GENERAL INFORMATION

The Bidder shall furnish the following information. Failure to complete and attach all items may cause the Bid to be rejected as non-responsive.

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

_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

2. CONTRACTOR'S Telephone Number: ( ) ______________________ F acsimile Number: ( ) ______________________

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

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

Name of Surety: _________________________________________________________________ Address: _______________________________________________________________________ _ ______________________________________________________________________________ Surety Company Agent: ___________________________________________________________ T elephone Numbers: Agent ( ) _________________ Surety ( ) ______________

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

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

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

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

Name Title Address
______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ 94 11

1.3.7 BIDDER'S GENERAL INFORMATION (Continued)

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

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

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

c. Owner ___________________________Address _______________________________ C ontact __________________________Class of Work __________________________ Phone ___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________

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

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

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

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

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

15. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. 95 12

1.3.8 BIDDER’S INSURANCE STATEMENT
(To Be Submitted with Bid)

BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands th e insurance requireme nts set forth in Subsection 1.4.4 of the Bidding and C ontractual Documents and Forms, Subsection 2.7.2 of the Special Provisions and elsewhere in the Contract Documents. Should the Bidder be awarded the contract for the Work, Bidder further certifies that it can meet all insurance requir ements s et forth in the Contra ct Documents, i ncluding, but not limited to, providing or requiring insurance coverage for subcontractors; naming of City as an additional insured, and providing waivers of subrogation. Bidder acknowledges and understands that all co st associated with providing and maintaining the required insurance coverage are the sole responsibility of the Contractor and that the costs of pr ocuring and maintaining sai d coverage is included in Contractor’s Bid.

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

Dated: ______________________________ Bidder: __________________________________

By: ____________________________________
(Signature of Bidder’s Authorized Representative)

Title: ___________________________________

96 13

1.4.1 CITY OF LYNWOOD AGREEMENT
FOR CONSTRUCTION OF , ENTITLED “CITYWIDE SLURRY SEAL
(PHASE 4) PROJECT, FY 2023-2024”
This agreement (the “Agreement”) is mad e and entered into on this ______ day of _______________, _____ by and between the City of Lynwood, a California Municipal Corporation ("City") a nd __________________________________________________, a ______________________________ ("Contractor"). City 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 thi s Agreement as if her ein set out in full or attached hereto:

A. Notice Inviting Bids, Dated: November 1, 2023
B. Instructions to Bidders.

C. Addenda.

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

1. Bid Schedule(s)

2. List
of Subcontractors

3. Anti-Trust Claim

4. Non
-Collusion Affidavit

5. Bidder’s General Information

6. Bid Bond (Bid Security Form)

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

F. Performance Bond.

G. Certificates/Proof of Insurance and Endorsements.

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

I. Notice of Award dated ________________.

J. Notice to Proceed dated ______________.

K The P
lans (Contract Drawings).

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

N. Appendices A through I of the Contract Documents.
97 14
O. Reference Specifications.

P Approved and Fully-Executed Change Orders.

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

II. CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept as full payment for the Work outlined in the Contract Docu ments, the Contract Price of _____________________________________________ Dollars ($_______________) subject to additions and deductions, if any, made in acc ordance w ith said Contr act Documents. Progress payments shall not be made more often than once each thirty (30) days, nor shall progress payments paid be in excess of ninety-five percent (95%) of the Contract Price at time of completion. Final paym ent to Contractor will be processed thirty-f ive (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 state d in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.

P
ayment of undisputed amounts due under this Agreement, including the final payment due hereunder, is contingent upon the Contractor furnishing to the City an unco nditional release by the Contractor of al l claims against the City arising by virtue of thi s Agreement related to thos e amounts. Di sputed cl aims in sta ted amounts may be specifically excluded by Contr actor f rom th e op eration of any release. No payment, final or otherwise, shall operate to release the Contractor or its sureties from obligations arising under this Agreement or the bonds an d wa rranties fur nished hereunder. No payment shall be construed as an acceptance of a ny 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 Contract or’s commencement of the Work, Contractor shall furnish to City, using t he forms set forth in the B id D ocuments, a Labor and Materials Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price, said bonds to be in conformance with the Contract Documents, including but not limited to, the General Specifications and Subsection 2.2.2 of the Special Provisions.

IV. INDEMNITY
Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City , its respective elected an d ap pointed b oards, officials, officer s, agents, employees, representatives and volunteers (individually and collectively referred to he reinafter as “Indemnitees”) free a nd h armless from any and all claims, demands, causes of act ion, costs, expenses, l iabilities, losse s, damages or injuries, in law or equity, regardless of 98 15
whether th e allegations are false, fraudulent, or groundless , to pr operty or persons, including wrongful death, to the ex tent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with t he performance of the Wor k or this Agreement, including clai ms made by subcontractors for non payment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, Con tractor shall pay and satis fy any judgment, award or decree that may be rendered against Indemnitees in any such suit, action or ot her legal proceeding.

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

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

This obligation to inde mnify and defend Indemnitees as set forth herein shall survive t he termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the exi stence or applicability of any ins urance coverages which may have been required under this 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 o f insurance d escribed in Subs ection 2.7.2 of the Special Provisions of the C ontract D ocuments. Such insurance shall be in force prior to Contractor commencing any Work under this Agreement and shall remain in force for the duration of this Agreement and for any other such period as may be required herein. Contractor shal l provide proof of the required insurance coverage and the endorsements specified in Subsection 2.7.2 of the Special Provisions within ten (10) calendar day s of receipt of the Notice of Award.

VI. INELIGIBLE SUBCONTRACTORS

In accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not per form an y work under this Agreement with a subcontractor who is i neligible to perform work on a public works contract p ursuant to Sections 1777.1 and 1777.7 of the Cali fornia Labor Code. Contractor further acknowledges that any contract on a public works project entered into between a contractor and debarred subcontractor is void as a matter of law, a nd a debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a C ontractor for work performe d on this Proj ect shall be returned to the City. The Contractor shall be r esponsible for the paymen t of wages to workers of a debarred subcontractor who have been allowed to work on the Project.

99 16
VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES
The Contract or shall commence the Work re quired by this Agreement within ten (10) calendar days of the date specified in the Notice to Proceed an d shall complete all Work as specified in the Contract Documents within FIFTY (50) CALENDAR DAYS from the date in said Notice.

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

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

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

The statement shall then be sent to the Contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owning to the Contractor prior to the City’s acceptance of the Project. 100
17 XI. LICENSES
Contract
or acknowledges a nd agrees that Contractor must have all a ppropriate contractor's licenses. Contractor fur ther warrant s and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain al l app ropriate l icenses during the e ntire term of this Agreement shall be cause for the immediate and summary termination of this Agreement by City. Contractor shall be liable for all City's costs incurred to complete the Work under this Agreement in the event of such termination.

XII. EMPLO

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

XIII. PR

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

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

XIV. AUT

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

XV. ASS
IGNMENT; GOVERNING LAW
This
Agreement may not be assi gned by Contractor, in whole or in part, with out the prior written consent of the City. This Agre ement and any dispute arising hereunder shall be governed by the law of the state of California.
101
18 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 befor e or during Contractor’s regular b usiness hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section.

Ci
ty Contractor
City of Lynwood _______________________________
Attn: City Engineer Attn: ___________________________
11330 Bullis Road _______________________________
Lynwood, CA 90262 _______________________________
Fax No. (310) 635-0493 Fax No.________________________
XV
II. ATTORNEYS FEES
Shoul
d either Party bring any action to protect or enforce its rights under this Agreem ent or the Contract Documents, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorneys fees and costs.

XV
III. WARRANTY
All W
ork shall be warranted by Contractor against defective workman ship and mater ials 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. EN

TIRE AGREEMENT, WAIVER AND MODIFICATION
Th
is Agreement contains the completely final, entire, and exclusive agreement between the Parties with re spect to the subject matter here of, and no waiver, alterati on, or modification of any o f the provisions hereof or rights to act hereunder shall be binding unless made in writing signed by both Parties. Any attempted modi fication, amendment, or alteration in violation hereof shall be void.
102
19 IN WITNESS WHEREOF , eac h of the Partie s hereto has caused the Agreem ent to be executed in its name on its behalf by a dul y authorized officer as of this day and year first above written.

CIT

Y OF LYNWOOD CONTRACTOR
______
______________________

LEGAL NAME OF FIRM
By
:_____________________________ By: __________________________ Oscar Flores Signature of Chairman of Board,
Mayor President, or Vice President
Att
est:
_____________________________
(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]
103
20 1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)
KNOW AL L M EN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into an Agreeme nt dated ____ _____________ (referred to hereinafter as the “Agreement”) with ___________________ _____________________________________ (hereinafter designated as “Contractor” or "Principal"), for construction of CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024, (hereafter referred to as the “ Project”).

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

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

THE C
ONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the undertakings, terms, covenants, conditions and agreements set forth in the Agreement and any alteration t hereof made as therein provided, on his/her or its part, to be k ept and per formed at the time and in t he manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers, officials, employees, authorized agents and volunteers, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought on this bond, said Surety will pay to City a reasonable attorney's fee to be fixed by the Court. 104
21 As a con dition precedent to the satisfactory completion of the Agreement, unless otherwise provided for in the Agreement, the above obligation shall hold good for a period of one (1) year after the ac ceptance of the Work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and tot ally protect the City from loss or d amage resulting from or caused by defective materi als or faulty workmanship. The obligations of Surety h ereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rig hts or the Contractor or Su rety’s oblig ations u nder the C ontract, law or equity, inclu ding, but not limited to, California Code of Civil Procedure section 337.15.

Wh
enever 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) Tak
e over and complete the Project in accordance with all terms and conditions in the Agreement; or
(2)
Obtain a bid or bids for completing the Project in accordance wi th all terms and conditions in the C ontract D ocuments and upon determ ination by Surety of the lowest respons ive an d responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as Work progresses sufficie nt funds to pay t he cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contra ctor b y the City u nder t he Agreem ent 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) Per
mit the City to complete the Project in any manner consistent with California law an d make available as Wor k progress es sufficient funds to pay t he cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “ balance of the contract price” as u sed in this paragraph shall mean the to tal amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that t he City ma y reject any co ntractor or s ubcontractor whic h may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The s
aid Surety, for value received, hereby s tipulates a nd agrees that n o 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. 105
22 No final set tlement between the City and the Contra ctor s hall abridge the right of a ny beneficiary hereunder, whose claim may be unsatisfied.

IN W
ITNESS WHEREOF, the above- bounden parties have executed this instrument this _____ day of _______________, ________, the name and corporate seal of e ach corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

PRINCIPAL
:
(seal)
_______________________________
By
____________________________
SUR
ETY:
(seal)
_______________________________
By
____________________________
Attorney-in-Fact
The r
ate of premium on this bond is ____ per thousand dollars. T he total amoun t o f premium charged, $_______________. (These bla nks must b e filled in by corporate surety.)
IMPO
RTANT: Sur ety companies executing Bonds must possess a certificate of authority from the Califor nia Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if t he Work or Pr oject is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended). Notary acknowledgements for P rincipal and Surety sig natures and Power of Atto rney for Surety must be attached. THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(N
ame and Address of Surety) (Name and Address of Agent/Representative in California if different)
__________________________________ ___________________________________________________ _________________________________ ___________________________________________________ _________________________________ ___________________________________________________ (Telephone Number of Surety/Agent ___________________________________________________ or Representative in California
106
23 STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )
On this _____ da y o f ____ ___________, in th e year __ ___, before me, __________________________, a Notary Public in and for said state, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the A ttorney-in-Fact of the (Surety) and acknowledged to me that he/she subscribed the name of the (Surety) theret
o 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 l ocal repres entatives of t he bonding company must be attached hereto.

CERT IFICATE AS TO CORPORATE PRINCIPAL
I,
_______________________________________, certify that I am the ________________________________ Secr etary of the corporation named as Principal to the within bond; that _________________ _________ ________________ who signed the sa id bond on behalf of the principal was then ___________________________ of said corporation; that I know his /her signature, and his/her signature thereto is genuine; a nd that sa id bond was dul y signed, sealed and attested for and in behalf of said Corporation by authority of its governing board. ______
_________________________
Signature of Corporate Principal
107
24 1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "Ci ty") has entered into an agreement dat ed __________ (referred to hereinafter as th e “Agreement”) w ith _____ ________ , (hereinafter designated as the "Contractor" or “Pri
ncipal”), for CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024 WHEREAS, Contractor is required to furnish a bond in connectio n 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 pers ons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the penal sum of ____ ______________Dollars ($____________), lawful money of the United States, said sum being not l ess than 100 percent o f the to tal am ount payable b y City under the terms of the Agree ment, for wh ich payment well and truly t o be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly a nd severally, firmly by these presents.

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

The Suret
y, for value received, hereby stipulates and agrees that no change, extension of tim e, alteration, or addition to the terms of the Agreement or to the Wor k to be performed thereunder or the Specific ations accompanying the same; shall in any way 108
25 affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specif ications. Said S urety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.

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

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

PRINCIPAL:
(seal)
_______________________________

By _____________________________

SURETY:
(seal)
_______________________________

By _____________________________
Attorney-in-Fact

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

Notary acknow ledgements f or Pri ncipal and S urety 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)

STATE OF CALIFORNIA )
109
26 ) ss.

COUNTY OF _______________ )
On this _____ day of ____________ ___, in the year _____, before me, __________________________, a Notary Public in and for said state, personally appeared , known to 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 c
ommission expires on: _____________
NOTE:

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

CERTI FICATE AS TO CORPORATE PRINCIPAL
I, ___
____________________________________, certify that I am the ________________________________ Secret ary of t he corporation named as Principal to the within bo nd; that _____ ____________ _________________________ who signed the said bond on behalf of the principal was then ___________________________ of said corporation; that I know his/her sig nature, and his/her signature thereto is genui ne; and that said bond was duly signed , sealed and attested for and in behalf of said Corporation by authority of its governing board. ______
_________________________
Signature of Corporate Principal
(CO

RPORATE SEAL)
110
27 1.4.4 CERTIFICATES / PROOF OF INSURANCE

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

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

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

Fai
lure to provide City with the required insurance coverage, p roof of insurance and/or endorsements wit hin ten (1 0) c alendar days of rece ipt of the Not ice of Award, may result in wi thdrawal of award and forfeiture of the Bidder's Bid Security.
111
28 ADDENDUM
By
executing this Addendum, Contract or ac knowledges and agrees that the work performed pursuant to the a bove referenced Agreement is subj ected to all applicable provisions.

Paym
ent 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. Pr
evailing 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 thi s Ag reement, Contractor shall not be entitled to any adjustment in compensation rates in the event there are adjustments to the General Prevailing Wages Rates.

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

C. Furni
shing of Electronic Certified Payroll Records to Labor Commissioner.

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

D. Audi
t Rights . All records or documents req uired to be kept pursuant to this Agreement to verify compliance wit h the Wage Requirement shall be made available for audit at no cost t o City, at any ti me during regular business hours, upon written request by the City Attor ney, City Aud itor, City Manager, o r a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Ot herwise, u nless an alternative is mutually agreed upon, the r ecords or documents shall be available at CONTRACTOR’s address indicated for receipt of notices in this Contract.
112
29 E. Enforcement.

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

2. CONTRA
CTOS’s Breach of Prevailing Wage/Living Wage Provisions.

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

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

TO MA KE ANY PAYMENT DUE T HE CONTRAC TOR UNTIL

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

WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL REQUIRED DOCUMENTATI ON IS SUBMITTED. Any paymen t by the City despite C ONTRACTOR’s failure to fully perform its obligations under these provisions shall not be deemed to be a wai ver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this D ocumentation Provi sion o r public wage obligations of the Contractor and the City.
113
30 CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS
PART 2 - SPECIAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
Sect
ion 2.1 General, Terms, Definitions, Abbreviations, and Symbols

2.2 Scope and Control of Work

2.3 Control of the Work

2.4 Control of Materials

2.5 L egal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 Measurement and Payment

2.8 Facilities for Agency Personnel

2.9 Construction Details (Materials and Methods)
* *
* * *
114
31 CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
PART 2 - SPECIAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
SECTION2.1 – General, TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS

2.1.1 GENERAL
The followin g additions/modifications ar e hereby made to the Standard Specifications:

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

In cas
e of conflict between the technical provisions of the Caltrans Standard Specifications, 2018 Edition and these Special Provisio ns, these Special Provisions shall take precedence over, and be used in lieu of, such confli cting portions.

2.1.1.2 Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the ref erenced portions of the technical provisions of the Caltrans Standard Sp ecifications, 2018 Edition, provided, that wherev er the term "Sta ndard Specifications" is used with out the prefix "Caltrans," it shall mean the Standard Specifications f or Public Wor ks Co nstruction (" Greenbook"), latest Edition, as previously specified in the above Subsection 2.1.1.1.

In ca
se of conflic t between the technical provisions of the Caltrans Standard Specifications, 2018 Edition an d these Special Provision s, t hese Specia l Provisions shall take precedence over, and be used in lieu of, such conflicting portions.
115
32 2.1.2 LEGAL ADDRESS

2.1. 2.1 Legal Address of the Agency. - The official address of the Agency shall be the City of Lynw ood, 11330 Bullis Road , Lynwood, California 90262, or such other address as the City may subsequently designate in written notice to the Contractor.

2.1. 2.2 Legal Address of the Engineer. - The official address of the Engineer shall be 11330 Bullis Road, Lynwood, California 90 262, or su ch other address as th e Engineer may subsequently designate in writing to the Contractor.

2.1.2. 3 Legal Address of the Agency’s Project Representative. – The name and address of the A gency’s designated Project Representative shall be Mi r T. Fattahi, MsCE, P.E., Acting City Engineer, 11330 Bullis Road, Lynwood, California 90262, or such address as the Project Representative may subsequently designate in writing to the Contractor.

2.1 .3 DEFINITIONS AND TERMS

2.1. 3.1 Definiti ons and Terms. - Wherever i n the Standard Spe cifications t he following terms are used, the definitions shall be amended to read:

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

Board – Th
e City Council of the City of Lynwood.

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

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

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

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

Pr
oject – The Work that is the subject of the Contract Documents.

To
tal Bid Price – The full price for all the Work required to complete the Project submitted by a Bidder in the Bid Documents.
116
33 Unit Price – T he amount set forth in a Bid Schedule document for a single unit of an item of work.

Uni
t Price Bid Item – An item of work to which a Unit Price applies. - END OF

SECTION -
117
34 SECTION 2.2 - SCOPE AND CONTROL OF WORK

2.2 SC

OPE OF THE WORK
The
project consists of slurry seal various streets as part of the Citywide Slurry Seal Project (Phase 4).
2-

2.1 P ERMITS.

The t
ext of Subsection 2-2 of the Standard Specifications is hereby deleted and replaced with the following:

Pri
or to the start of any work, the Contractor shall take out the applicable AG ENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Cont ractor and all subcont ractors shall each obtain an AGENCY business license and shall be licensed in accordance with the State Business and Pro fessions Code. The C ontractor shall also obtain any and all other per mits, lic enses, inspections, certificates, o r authorizations requi red by any governing body or entity.

2. 2.2 CONTRACTOR’S SURETY WAIVER OF RIGHT OF NOTIFICATION The
following shall be added to the Standard Specifications:
"T
he Contractor shall ensure that its Surety is familiar with all of the t erms and conditions of the Contract Documents, and shall obtain a w ritten acknowledgement by the Surety that said Surety thereby waives the right of special notification of any changes or modifications of the Agreement, or of extensions of time, or of decreased or increased Work, or of cancellation of the Agreement, or of any other act or acts by the City of Lynwood or any of its authorized representatives."

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

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

2.2.4 E

XTRA WORK
The provisions of Section 2-8 of the Standard Specifications shall apply; provided that the provisions go verning markup percentages for overhead and profit for extra work referenced in Subsection 2-8 and 7-4.3 Markup, Paragraph (a) Work by Contractor of the latest Edition shall be deleted in their entirety and the following substituted therefor:
118
35 (a) Work by Contractor. The following percentages shall be added by the City to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 20 perc
ent
2) Materials 15 percent
3) Equipment rental 15 percent
4) Other items & expenditures 15 percent
5) Subcontracts (1st tier only) 5 percent
6) Lower Tier subcontractors none
To t
he sum of costs and markups provided for in this subsection, one percent shall be added by the City as compensation for bonding.

2.2.5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY
Su
bsection 2-3 of the Standard Specifications sha ll be deleted in its e ntirety and the following substituted therefor:

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

2.2.6 TESTING
The
Contractor shall pr ovide, at its sole cost and expense, any testing indicated by the Contract Documents. The testing shall be performed by a company approved by the Engineer. O nly initial compaction tests which produce re sults mee ting the C ity’s previously specified requirements shall be at the City’s expense. All compaction testing which produces results that fail to meet the City’s previously specified requirements and all retaking of such tests s hall be at the Contract or’s expe nse and Ci ty shall not pay Contractor any compensation therefor.

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

2.2.7 SITE EXAMINATION
The C
ontractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work. The submittal of a Bid Proposal shall be conc lusive evidence that the Contractor has investigated and examined the Work site and is satisfied as to the conditions to be encountered, including but not limited to, l ocality, uncertainty of weather and all other contingencies, and the character, quality, quantities, and scope of the Work, materials to be furnished, and all Agreem ent requirements which could in any way affect the Work or the c osts thereof. The fai lure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not 119
36 relieve it from the responsibi lity for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.

2.2. 8 FLOW AND ACCEPTANCE OF WATER
Storm
, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk.

2.2.9 RECYCLING AND DIVERSION OF DEBRIS
Th
e Contractor shall adhere to all provisions of Section 9-6, “Recycling and Diversion of Debris from Construction and Demolition,” of the City of Lynwood Municipal Code.

2.2 .10 POLLUTION CONTROL

2.2 .10.1 Water Pollution Control
Th
e C ontractor shall adhere to all provisions of Sec tion 14 -12 of the Lynwood Municipal Code: “Stormwater and Urban Runoff Pollution Control,” and the Federal Clean Water Act , in cluding but not limited to, the National Pollutant Dis charge Elimination System (NP DES) standards. The C ontractor shall impl ement all provisions of the Storm Water Pollution Prevention Plan (SWPPP) prepared by the City. Delete the SWPPP provision if project site is less than one (1) acre. 2 .2.10.2 Sound Pollution Control
The Contractor shall ensure that its operations do not exceed a noise level of 86- decibels (db) as measured at a distance of 50 feet from all its sources of operation.

2.2 .10.3 Air Pollution Control
The C
ontractor shall adhere to all applicable rules and regulations of the California Air Resource Board (CARB) and the South Coast Air Quality Management District (SCAQMD).
- END O

F SECTION -
120
37 SECTION 2.3 – Control of The Work

2.3.1 S ELF-PERFORMANCE.

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

The Contractor shall perform or provide, with its own organization, c ontract l abor, materials, and equipment amounting to at least 50 percent of the Cont ract Price. Th e contract la bor performed or provided by the Contr actor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor sh all exclu de th e Contractor’s sup erintendent. Any d esignated “Specialty Items” may be performed by subcontract a nd the amount of any such “Specialty I tems” so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimat ed percentage of the C ontract Unit or Lump Su m P rice, determined from information submitted by th e Contractor, subject to approval by the Engineer.

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

2.3.2 PRECEDENCE OF CONTRACT DOCUMENTS

The provisions of Subsection 3-7.2 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

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

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

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

121
38 1. Approved and Fully-Executed Change Orders

2. Agreement

3. Addenda

4. Contractor's Bid (Bid Documents)

5. Technical Provisions

6. Special Provisions

7. General Provisions of the Standard Specifications

8. N otice Inviting Bids

9. Instructions to Bidders

10. Plans (Contract Drawings)

11. Standard Specifications

12. City Standard Plans

13. Reference Specifications

With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions.

2. Detail drawings govern over general drawings.

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

4. Contract Drawings govern over Standard Drawings.

5. Contract Drawings govern over Shop Drawings.

2.3.3 SUBMITTALS

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

On lump sum contracts, the Contrac tor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, whic h will serve as the basis for progress payments and shall be incorporated into a form of payment request (or invoice) acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor.

2.3.4 SUBSURFACE DATA

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

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

HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS.

The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data," the Contractor may not rely upon or make any claim aga inst the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:
122
39 Completeness. - The completeness of such reports a nd drawings f or Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and proc edures of construction to be employed by Contractor and safety precautions and programs incident thereto, or

Other Inf ormation. - A ny ot her data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or

Interpretation. - Any interpretation by the Contractor of such "technical data," or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.

2.3.5 PERMANENT SURVEY MARKERS

The provisions of Sub section 3-10.1 of the Standard Specifications shall be deleted i n their entirety and the following substituted therefor:

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

Any existing monument shall not be disturbed. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is imprac tical, the Contractor shall employ a California Licensed Land Surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a California Licensed Land Surveyor no later than thirty (30) days after construction is completed at the s ite of the replacement. The California Licensed Land Sur veyor shall file corner record(s) as require d by Sections 8772 and 8773, et seq., of the California Business and Professions Code.

Payment for the costs of Land Surveyors, replacem ent of disturbed monuments and the filing of corner records shall not be cons idered part of the work necessitating the disturbance of said monuments and no additional payment will be made by C ity to Contractor therefor.

2.3.6 SURVEY SERVICE

The provisions of Subsection 3-10 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

The Contractor shall hire and pay for the services of a California Licensed Land Surveyor to perform all work necessary for est ablishing control, construction staking, r ecords research, and all other surv eying work necessary to perform the Work; and to provide other surveying services, if required by the Contract Documents, in accordance with the 123
40 Land Surveyors Act. The California Licensed Land Surveyor shall be present on the site during all surveying operations and shall personally supervise and certify the surveyin g work.

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

2.3.7 INSPECTION

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

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

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

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

- END OF SECTION -
124
41 SECTION 2.4 - CONTROL OF MATERIALS

2.4.1 MATERIALS

2.4.1.1 GE NERAL.

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

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

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

2.4.2 TRADE NAMES OR EQUALS

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

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

1. In order that a field test or experiment may be made to determine the product's suitability for future use.
125
42 2. In order to match other products in use on a particular public improvement either completed or in the course of completion.

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

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

Failure of the Bidder to submit requests for substitution with the Bid, using the form provided in Appendix C of the Contract Documents , shall be deemed to signify that the Bidder, if awarded the contr act, intends to furnish one of the brands named in these Special Provisions and the Bidder does thereby waive all r ights to offer or use substitute materials, products, or equipment for that which was originally specified. Data substantiating a request for substitut ion of an "or equal" item shall be submitted either with the Bid or not later than ten (10) days following t he Bid opening, and will not be considered until after execution of the Agreement by all parties.

2.4.2.2 Submittals for Approval of "Or Equals." – The first sentence of Paragraph 3 of Subsection 4-6 of the Standard Specifications shall be amended to read as follows:

Should the Contractor request approval for substitution of "or equal" products, it shall, at its expense, submit data substantiating such request to the Engineer as per Subs ection above. Data for approval to substitute "or equal" products shall include complete calcu lations, t echnical specifications, sa mples, o r published documents relating to the perf ormance and physical characteristics of the proposed substitute.

- END OF SECTION -
126
43 SECTION 2.5 – Legal Relations and Responsibilities

2.5.1 LABOR

2.5.1.1 General.

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

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

2.5.2 INSURANCE.

2.5.2.1 General Liability Insurance.

The liability insurance coverage values are hereby amended to be:

Insurance Coverage
Requirements Limit Requirements

Comprehensive General Liability $2,000,000
Product/Completed Operations Hazard $2,000,000
Comprehensive Automobile Liability $2,000,000
Contractual General Liability $2,000,000
Worker’s Compensation Statute

A combined single l imit policy with aggregate limits in the amount of $4,000,000 will be considered equivalent to the required minimum limits. A pro forma copy of the policy(s) shall be submitted to the City. A certificate of endorsement naming the City and its Agents as additional i nsured identifying the c overage l imits, dates of coverage insurance provided, and project number is required.

2.5.3 SAFETY.

2.5.3.1 Work Site Safety.

2.5.3.2 General.

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

It is part of th e s ervice required of the Contractor to make whatever provisi ons ar e necessary to protect the public. The Contractor shall use foresight and shall take such 127
44 steps and pr ecautions as its operations war rant to protect the publ ic from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual co nditions may arise on the work, which will require that immediate and unusual pro visions be made t o protect t he public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

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

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the ful l responsibility for public safety.

- END OF SECTION -
128
45 SECTION 2.6 – PROSECUTION AND PROGRESS OF THE WORK

2.6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

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

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

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

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

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

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

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

2.6.3 DEFAULT BY CONTRACTOR

2.6.3.1 The provi sions Su bsection 6 -7 of the Standard Specifications shall b e deleted in their entirety and the following substituted therefor:

The Agreement may be cancelled by the City Council without liability for damages, upon the City Council’s determ ination that the Contractor is not complying in good faith with the term s of the Agreement, has become insolvent, or has assigned or subcontracted any part of the Work without the City Council’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Unit Prices or lump sums bid and the quantity of Work completed at the time of cancellation. A ny damages sustained by the City due to acts or omissions of the Contractor 129
46 will be subtracted from this amount. The Contractor, in having tendered a Bid, s hall be deemed to have waived any a nd all claims for damages because of cancellation of the Agreement for any of the reasons specified in this paragraph. If the City declares the Agreement canceled for any of the reasons sp ecified in this paragraph, written notice to that effect shall be served by the City via personal delivery or by c ertified mail (return receipt requested) upon Contractor’s Surety. The Surety shall, within fi ve (5) working days after receiving the written notice, assume control and perform the work as successor to the Contractor.

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

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

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

The provisions of this Subsection shall be in addition to all other rights and remedies available to the City under law.

2.6.4 DAYS DESIGNATED AS HOLIDAYS BY THE CITY OF LYNWOOD

2.6.4.1 Days Designated as Holidays by the City of Lynwood. - In accordance with the Standard Specifications, the days designated as holidays by the City are:

130
47 New Year’s Day Independence Day
Martin Luther King’s Birthday L abor Day
César Chávez’ Birthday Thanksgiving Day
Christmas Day Me morial Day

Any holiday shown a bove that falls on a Sunday shall be observed the fol lowing Monday.

2.6.4.2 Days Designated as Holidays by BOTH the State of California AND the United S tates Federal Go vernment. - In addition to the holidays specified i n §2.6.4.1, holidays observed by BOTH the State of California AND the United States federal government shall also be granted by the City and are designated as follows:

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

2.6.5 LIQUIDATED DAMAGES

2.6.5.1 Amount. - The amount of Liquidated Damages as specified in Section 6-9 of the Standard Specifications shall not apply. The applicable amount of Liquidated Damages shall be specified in the Agreement.

2.6.6 T IMES OF OPERATION

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

1. Powered Vehicles

2. Construction Equipment

3. L oading and Unloading Vehicles

4. Domestic Power Tools

2.6.7 N OTIFICATION

The Contractor shall notify the City of Lynwood and the owners of all utilities, subsurface installations a nd su bstructures not less t han forty-eight (48) hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:

AT&T (310) 515-2419
City of Lynwood (310) 603-0220
131
48 City of Lynwood Water & Sewer (310) 603-0220, Ext. 800 Consolidated Disposal Services (trash collection) ( 562) 577-6277 Los Angeles County Fire Department (Sta. 147) (310) 605-5670 Los Angeles County Fire Department (Sta. 148) (310) 603-5270 L.A. County Public Works/Flood Control (626) 458-5100
Los Angeles County Sheriff’s Department (323) 508-4800 MV Transportation, Inc. (bus service) (562) 259-9911
Lynwood Unified School District (310) 605-5670
Park Water Company (562) 923-0711
Southern California Edison (800) 655-4555 or (310) 608-5005 Southern California Gas (310) 605-7909
Time Warner Cable (562) 259-2015 or (888) 892-2253
Underground Service Alert (800) 227-2600
U.S. Postal Service (800) 275-8777
The C
ontractor shall notify the U .S. Postal Se rvice and trash collection company of all work areas affecting service five (5) working days prior to construction and shall coordinate the work so that these services are not interrupted.

2.6.8 CO

NSTRUCTION SCHEDULE
The pro
visions of Subsection 6-1 of the Standard Specifications shall be amended as set forth in the following Subsections:

2.6.8. 1 Schedule of Work. - A schedule of Work as required under Section 6-1 of the St andard Specifications shall be provided by the Co ntractor at the pre - construction meeting.

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

CPM s
chedules may b e submitted in e ither arrow diagr am or time -scaled precedence diagram format, subject to the requirements of these S pecial Provisions.

2.6.8 .3 Qualifications. - A st atement of computerized CPM capability shall be submitted in writing prior to the award of the Contract, and shall verify that either the Contractor's organization has in- house capability to prepare and use C PM scheduling techniques, or that t he Contractor will employ a CPM consulting firm who is so qualified.

2.6.8.4 Su
bmittal Procedures. - Within twenty (20) working days of execution of the Agreement by all parties, and within ten (10) working days of the E ngineer's 132
49 written request at any ot her t ime, the Contractor sh all submit the schedule and schedule reports in the form specified herein. The Contractor, if requested by the Engineer, shall provide revised network diagrams and schedule reports if at any time the Engineer considers the completion date to be in je opardy because of "activities behind schedule." Such additional network diagrams and reports shall include a new arrow or pre cedence diagram a nd schedule reports conforming to the requirements of Subsection 2.6.8.7 of these Special Pr ovisions, showing how the C ontractor intends to accomplish the Work to m eet the completion time specified. The form and method employed by the Contractor shall be the same as that required for the initial schedule submittal.

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

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

2.6.8.7 Approved Standards. -

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

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

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

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

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

All construction activities and procurement shall be indicated in a time - scaled format and calendar sc ale sh all be sho wn along the entire sheet length. Each activity arrow or node sha ll be plotted so that the beginning and completion days and free float time of said activity can be determined graphically b y compa rison with the calendar sca le. All activities shall b e shown using symbols that clearly distinguish between critical path activities 133
50 and free float for each non-critical activity. All non-critical path activities shall show estimated performance time and free float time in scaled format.

2.6.8.7.4 Duration Estimates. - The duration estimates indicated for each activity shall be computed in working days, converted to calendar days, and shown on the construction schedule in calendar days, and s hall represent the single, best estimate considering the scope of the Work and resources planned for the activity. Except fo r certain non- labor activities, such as curing of concret e, pai nt drying, procurement, or delivering of materials, activity durat ion shal l not e xceed ten (10) working days [fourteen (14) calendar d ays] n or be less than one (1) working day, unless otherwise accepted by the Engineer.

2.6. 8.7.5 Schedule Reports. - Schedule Reports shall be prepared from the initial construction sche dule and from all subsequent revisions of the schedule. As a minimum, Schedule Reports shall contain the following data for each activity:

1. Act
ivity numbers (or i-j numbers)

2. Estimated activity duration

3. Activity description (including procurement items)

4. Early Start date (calendar dated)

5. Early Finish date (calendar dated)

6. Late Start date (calendar dated)

7. Late Finish date (calendar dated)

8. Status (whether critical)

9. Total Float for each activity

10. Free Float for each activity

2.6. 8.7.6 Project Information. - As a minimum, each Schedule Report shall include the following summary data:

1. Pr
oject name

2. Contractor name

3. Sequence or revision number or date

4. Project duration

5. Scheduled completion date

6. Date of commencement of the Work

7. Cite new completion date, if applicable

2.6.8. 8 Sch edule Monitoring. – At l east once a mont h, and when speci fically requested by the Engineer, the Contractor shall submit to the Engineer a computer printout of the latest updated Schedule Report for those activities that remain to be completed.
- END O

F SECTION -
134
51 SECTION 2.7 – MEASUREMENT AND PAYMENT

2.7.1 GENERAL

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

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

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

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

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

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

When the entire Project has been satisfactorily complet ed, the Contrac tor shall submit its final billing invoice and required detailed attachment to the Engineer for the required verification and preparation of the final estimate. 135
52 Acceptance of any progress payment accompanying any est imate without written protest shall be an acknowledgment by t he Contractor that th e number o f accumulated working days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Agreement shall not constitute a waiver of liquidated damages.

Subject to the provisions of Section 22300 of the Public Contract Code, a five percent (5%) retention will be withheld from each progress payment. All monthly invoices
or payment requests, together with the required attachments detailing the number of days worked and estimates of quantities and work completed, shall be directed to and approved by the Engineer before submittal to the City for payment.

P
ursuant to the provisions of California Public Contr act Code Section 20104.50, should City fail to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request (or invoice) from Contractor, City shall be liable to pay interest on such late payment equivalent to the legal rate set forth in s ubdivision (a) o f Section 685.010 of the California Code of Civil Procedure. Upon receipt of an invoice or payment request from Contractor, the City shall: (1) review the invoice as soon as practicable after receipt to determine that the invoice is a proper payment request / inv oi ce; and (2) return to the Contractor within seven 7 days of receipt any invoice / payment request the City determines to be improper, accompanied by a writing setting forth the reasons for City’s determination of impropriety. The number of days available to City to make a payment without incurring interest as set forth in this paragraph shall be reduced by the number of days the City exc eeds the seven (7) day return period set forth in the previous sentence.

The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice and valid unconditional waivers of lien from the Contractor and all subcontractors and materialmen for all work an d materials included in any prior invoices. Waivers of lien shall be in forms prescribed by California Civil Code Section 3262. Prior to final payment by City, Contractor shall submit a final waiver of lien for Contractor's work, together with releases of lien from any subcontractor or materialmen.

2.7.2 SCHE

DULING, MEASUREMENTS AND PAYMENTS

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

Measurement f or payment for Mobilization will be based upon c ompletion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first twenty-five (25) days following the Notice to Proceed.
136
53 Payment for Mobiliz ation will be made at the lump sum allowance named in the Unit Price Bid Schedule(s) under the Bid Item, “Mobilization,” which price shall constitute full compensation for all such work. Payment for mobilization will be made in the form of a single, lump-sum, non-proratable payment. The Bid Item, “Mobilization,” will not be approved for payment until all mobilization items listed herein have been completed as specified. The scope of work included under the Bid Item, “Mobilization” shall include, but not be limited to, the following principal items:

1. Obtaining a
nd paying for all bonds, insurance, and permits.

2. Moving ont
o t he site all Contractor’s plant and equipment required for first month’s operations.

3. Inst
alling temporary construction power, wiring, and lighting facilities.

4. Est
ablishing fire protection system.

5. Developi
ng and installing a constructi on water supply per the Standard Specifications.

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

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

8. Arrangi
ng for and erection of Contractor’s work and storage yard.

9. Post
ing all OSHA required notices and establishment of safety programs per Cal-OSHA and as required by the Standard Specifications.

10. Hav
ing the C ontractor’s superintendent at the job site full time as required under the Standard Specifications.

11. Subm
ittal of required Construction Schedule as specified in Subsection 6-1 of the Standard Specifications.

12. Submittal of Proposed Construction Schedule on or before the Preconstruction Conference, acceptable to the Engineer, per Subsection 6- 1 of the Standard Specifications and Subsection 2.6.8 of these Special Provisions. 137
54 13. Submittal of detailed Preliminary Construction Schedule for the Engineer’s approval w ithin s even (7) calendar days after the commencement date specified in the Notice to Proceed.

14. S ubmittal of an As-Planned Construction Schedule, embodying all corrections required by t he Engineer, within thirty (30) c alendar days of the date of the Notice to Proceed. No payment for mobilization can be made until this has been approved and submitted.

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

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

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

No payment for any of the listed mobilization work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be withheld by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such withholding of money for failure to complete all such mobilization items as a lump sum item shall be in addition to the retention of any payments pursuant to the provisions of the Public Contract Code.

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

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

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

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

3. Complete clean up and remediation, if required, of all haul routes utilized by Contractor’s vehicles.
138
55 4. Comply
with all terms of the Construction Permit.

5. S
ubmit complete “AS-BUILT” plans.

6. Co
mplete the project punch list.

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

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

F SECTION -
139
56 SECTION 2.8 -- FACILITIES FOR AGENCY PERSONNEL

(NOT REQUIRED)

- END OF SECTION -

140
57 SECTION 2.9 - CONSTRUCTION DETAILS (MATERIALS AND METHODS)

TABLE OF CONTENT S

2.9.1 General

2.9.2 C onstruction Materials

2.9.3 Construction Methods
______________________________________________________________________

2.9.1 GENERAL

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

2.9.2 CONSTRUCTION MATERIALS

2.9.3 CONSTRUCTION METHODS

- END OF SECTION -
141
58 CITY OF LYNWOOD
PUBLI

C WORKS DEPARTMENT
_________________________________
PART 3 – TECHNICAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

IN THE CITY OF LYNWOOD
142
59 CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

TECHNICAL PROVISIONS
All Bid Items shall be in accordance with the Greenbook Standard Specifications for Public Works Construction (SSPWC) an d Standard Plans for Public Works Construction (SPPWC), Latest Edition including supplements, State of California Caltrans Standard Plans and Specifications, 2018 Edition, and the Special Provisions and Ge neral Conditions of these specifications.

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

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

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

Best Management Practices (BMP) s h all be defined as any program, technology, process, citing criteria, operating method, measure, or device, which controls, prevents, removes, or reduce pollution.

The Contractor shall have a minimum of two readily accessible copies of each publication on the Contract site at all times plus any copies of applicable environm ental mitigation plans.
143
60 Additional BM Ps may be required as a result of a change in actual f ield conditions, Contractor activities, or construction operation. When more than one BMP is listed under each s pecific BMP cate gory, the Contractor shall select t he appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.

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

The Agency (City), as a permittee theret o, is subject to enfor cement actions by the State Wat er Resources Control Board, Environmental P rotection Agency , and pr ivate citizens. The Agency will pass through to the Contractor any penalty assessed by these entities for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with t hese provisions.

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

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

Bid
Ite m No. 2 – Traffic Control

Traffic control, Traffic control plan, construction signing and traffic maintenance s hall comply with the provisions of Subsection 5-7, 600 and 60 1 of the Standard Specification, Subsection 56-2 of the C altrans Standard Specifications, and the current requirements set forth in the “Manual of Tr affic Controls for Construction and Maintenance Work Zones” published by the Department of T ransportation, State of California, and latest California Manual on Unif orm Traffic Control Device s ( CA- MUTCD), the traffic control plans and these Special Provisions.

144
61 The Contractor shall maintain the following clearances from the edge of traffic lanes:
1) 5 fe
et to any excavation,
2) 2 feet to curbs or temporary concrete barriers,
3) 10 feet to poles and other obstructions on uncurbed roadways.

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

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

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

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

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

The C
ontractor s hall als o coordinate with the tr ash disposal and postal services agencies to ensure the safe operation of their vehicle and access in the const ruction area. Notices shall be in English and Spanish language.

All
complaints received by the City asso ciated w ith the construction project all eging damage to private property and vehicles shall be responded to by the Contractor within one working day (24) hours of notification. Failure to comply with this provision may result in a penalty of One Hundred dollars ($100.00) per occurrence. 145
62 All trucks, which the C ontractor proposes to use, that exceed the legal load limit when loaded will be required to have overweight permits issued by the City for which there is a fee.

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

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

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

TRAFFIC MAINTENANCE
The C
ontractor shall be responsible for handling v ehicular and pedestrian traffic in accordance with Subsection 601 of the Standard Specific ations and thes e Special Provisions.

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

1. Noti
fication Signs.

2. Existing and temporary lane lines.

3. Dimensions of the work zone and street improvements.

4. Advance warning signs.

5. Delineators
The pl
ans shall be submitted to the City no later than the Pre-Construction meeting and shall incorporate a complete and separate plan for each stage of construction proposed by the Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for each phase. The traffic contr ol plans shall indicat e the travel plan for each phase of construction. The traffic control plans shall state:
146
63 1. That the plan will conform to the “California Manual on Uniform Traffic Control Devices (CA-MUTCD)” Latest Edition.

2. Emergency contact person and phone number.

3. Minimum lane widths and minimum clearance to obstructions.

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

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

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

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

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

The Contractor shall provide for one lane of t ravel in each direct ion at all times unless approved by the City Engineer. When two- way traffic is restricted to one lane in each direction, and when apply ing an overlay past intersecting roads, traffi c sha ll be controlled a s r equired by th e “Manual of Tr affic Controls for C onstruction and Maintenance Work Zones”. A pilot car and driver will be required at various locations if control by flaggers and/or control devices proves deficient in the opinion of the City Engineer. In no cas e shall the Contractor provide less than one (1) lane of tr avel in each direction through the construction zone including cross -streets, except if an alternative plan is approved by the City Engineer.

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

TEMPORARY

GUIDE MARKERS

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

Temporary guide markers shall be placed adjacent to t he ed ge of all vertical lips or 147
64 excavations that exceed 1 inch. If the temporary guide mark ers are damaged, or are not in an up- right position, from any cause, sai d markers should immediately be replaced or restored to their original locations, in an upright position by the Contractor.

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

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

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

Dry Reflective Value
Angle of Incidence 4º 5º 30º
White 250 165 50
Yellow 10 110 50
All tes ts fo
r reflective values shall be performed in accordance with Test Method N o.

Calif. 642.

The portabl
e delineators shall be spaced as necessary for proper delineati on; however, in no case shall t he spacing between porta ble delineators exc eed thirty (30) feet on tangents or twenty (20) feet on curves.

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

The fluor esc
ent t raffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent cones exceed thirty (30) feet on tangents or twenty (20) feet on curves.
148
65 STRIPING
Tempor
ary striping and marking for tr affic control shall conform to Section 310- 5.6.5 of the Standard Specifications. Temporary striping and marking which has no further use shall be removed by wet sandblast ing, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses.

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

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

The Con
tractor shall coordinate all shipments and deliveries to businesses.

The Cont
ractor shall be respons ible for furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to the work being done.

No addi
tional amounts shall be paid for erosion control, erosi on damage clean-up, and removal of debris from the project si te, NPDE S r equirements, or removal of soil deposited on public streets by construction traffic.

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

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

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

All exist
ing asphalt concrete (AC) pavement to join new construction shall be sawcut in a straight lin e. Contractor shall exercise due caution to avoid an y damage to e xisting 149
66 improvements, pr otecting in-place of exist ing water mains, sewers, storm drains, meters, valve covers, wall, fences, curbs, fire hydrants, telephone and power poles, and other existing structures.

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

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

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

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

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

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

Crack S
ealin g

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

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

Payment for Cold Milling of Existing Asphalt Concrete (AC) Pavement shall be paid for at the price bid per Square Foot (SF) and shall be considered full compensation for furnishing labor, materials, e quipment, sawcutting, removals, hauling and disposal of asphalt concrete materials excavated or grinded, grade for the base, compaction and no additional compensation will be allowed therefore. Payment for the removal of Petromat fabric material shall be included in this bid item of work and no additional compensation will be allowed.

150
67 Bid Item No. 4 – Construct 2” Thick AC (C2-PG 64-10) This
Bid Item sha ll include all labor, mater ial an d equip ment required to c onstruct asphalt concrete. AC, as shown on the plans and as specified in Section 203-1 of the Standard Specifications for Public Works Construction a nd sha ll con form to the following:

The Contra
ctor shall submit a copy of the asphalt concrete mix design.

All wo
rk shall conform to Section 302-5 of the “Standard Specifications for Public Works Construction” and these Special Provisions.

All mat
erials are subject to testing under separate Bid Item.

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

PG As
phalt binder shall conform to the following requirements:

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

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

B. Free from water.

C. Homogeneous.

2. Mat
erials
A.

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

The Con
tractor sh all ensure the s afe tra nsportation, storage, use , a nd disposal o f asphalt. The Contractor shall prevent the formati on of carbonized particles caused by overheating asphalt during manufacturing or construction.

B. Grades
151
68 Performance gr aded (PG) asphalt bind er sh all be P G 64-10 and conf orm to the following:

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

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

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

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

0.300
0 300

0.300
-6
300

0.300
-18
300

0.300
0 300

0.300
152
69 f. “PAV” means Pressurized Aging Vessel.

C. Sampling
The C
ontractor’s asphalt supplier s hall provide a s ampling d evice in the asphalt fe ed line co nnecting the plant storage tanks t o t he as phalt w eighing sys tem or s pray bar .

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

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

The Con
tractor’s supplier shall replace failed valves.

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

D. Appl
ying Asphalt
Unless otherwis
e specified, the Contractor shall heat and apply asphalt in conformance with the provisions in Caltrans Standard Specifications Section 93, “Liquid Asphalts.” The Con
tractor shall apply paving asphalt at a temperature between 120ºC an d 190ºC.

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

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

At all l
ocations where new asphalt conc rete pavement is jo ining ex isting asphalt pavement, the Contractor shall Sawcu t or cold mill/grind existing pavement to provide straight neat lin es and p lace the new asphalt concret e to form a smo oth tran sition.

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

The C
ontractor shall be responsible for maintaining location of, and access to, all water line gate valves during construction operations.

Initial o
r breakdown compaction shall c onsist o f a minimum of three roller p asses coverage of a layer of asphalt mixture. A pass shall be a movement of a roller in both 153
70 directions over the same path. Coverage shall be as many passes as are necessary to cover t he en tire w idth being pav ed. Over lap bet ween passes during any cove rage made to insure compaction without displacement of material in accordance with good rolling practice shall be considered a part of the coverage being made and not a p art of a sub sequent cov erage. Each c overage sh all be compl eted before subsequent coverage is started. Pneumatic rollers shall not be used without prior approval of the City Engineer. The top AC layer of each lane, once com menced, shall be placed without interruption.

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

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

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

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

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

No se
parate measurement and payment will be made for tack coat.

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

Temporary surface work where required by the City Engineer for traffic control or other 154
71 purposes sh all be considered included in t he price bid for Tr affic C ontrol a nd no additional compensation will be allowed.

Bid
Item No. 5 – Place Slurry Seal Type II with 3% Latex
SECTION 203-5 – EMULSION-AGGREGATE SLURRY
203-5.
2 Materials
Mat
erials shall conform to Subsection 203-5 of the Standard Specifications, except as modified her ein. Em ulsion – a ggregate slurry shall be Type II, unles s otherwise indicated on the plans or in these specifications. The amount and type of accel erator used shall be approved by the Engineer.

Em
ulsified asphalt shall be CQS-1h
Pri
or to a change of emulsion, Contractor shall thoroughly clean all emulsion t anks and mixing units to prevent any chemical reaction between the two applications.

Cont
ractor shall schedule and coordinate the deliver y of aggregat e to the st ockpile(s) such that: (1) d eliveries originat e at the p lant and arrive at the stockpile site w ithin normal work hours on the same calendar day, (2) delivery site and project name are explicitly state on each delivery ticket, (3) suc cessive deliveries on the same calendar day show the cumulative total for that day, (4) copies of all delivery tickets are delivered to the Engineer before the end of the working day, w hereas any delivery tickets not so delivered may be rejected be the Engineer. Any deviation from this process must h ave the prior approval of the Engineer.
203-5.
6 Test Reports and Cert ification. A cert ification of material compliance shall be provided at least 48 hours prior to delivery of emulsion to the project.

Tes
ting shall be accomplished by an accredited mat erials testing laboratory approved by the Engineer and paid for by the C ontractor. Tests performed shall provide values corresponding to all parameters set forth i n the table of requirements for the materials specified.

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

Cont
ractor shall arrange with the City for a ppropriate areas for stockpiling and batching.

The stockpile areas shall be thoroughly cleaned, removing all exces s material and all material contaminated by spill ed oil, and left w ith a neat , ord erly appearance upon 155
72 completion of slurry operations in that area.

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

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

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

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

The spread
er box shall be equipped with a suitable drag to erase ridges. A minimum 2- foot length of b urlap material sha ll be at tached t o the entire width of the drag. The spreader box shall be equipped with a steering device.

The s
lurry spreader box shall be maintained in a good state of repair at all t imes. The spreader box main strike off squeegee (rubber) shall be new a t the b eginning of the contract and shall be maintained in a good state of repair throughout the contract.

Equi
pment shall be available f or inspection before the beginning of the cont ract and again before work is to be accomplished.
302-4.5
Application
302-

4.5.1 General. The first paragraph of Subse ction 302-4.5.1 of the S tandard Specifications is hereby deleted and replaced with the following:

The w
ork shall consist of preparation, mixing asphaltic emulsion, aggregate, accelerator 156
73 and water, and spreading the mixture on the pavement where shown on the plans.

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

Actual spread rates shall be approved by the Engineer.

302-4.5.1 Preparation. Prior to appli cation o f the sl urry, all cracks ¼ inch wide or greater shall be cl eaned by blowing out debris with high pressure compressed air and the surr ounding area shall be swept the same day. See following Se ction on Cr ack Sealing.

All isolated holes and spalls g reater t han 12 inch in width shall be skin patche d and filled with AC F-AR-4000 compacted flush with existing surface.

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

Contractor shall protect existing raised pavement mark ers, vau lt covers, manholes, valve box covers by means appr oved by the Agency prior to the commencement of any slurry application.

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

Slurry shall not be applied over any manhole, valv e, survey monument, or miscellaneous frames and cov ers. Any material used to protect such devices s hall be removed and disposed of lawfully by the Contractor.

302-4.5 Spreading The first sentence of Subsection 302-4.5.2 is hereby deleted and replaced with the following:

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

Each slurry crew shall be co mposed of a coo rdinator at the project site at all times, a competent quick-set mixing per son, a competent driver, and sufficient laborers for any handwork and cleanup.

157
74 Prior to commencement of work, Contrac tor shall perform test sections for review and approval by the Engineer. The area of the test sections shall be at leas t 5,000 square feet. The section locations shall be in the area of the work, to be specified prior to construction. In no case will the Contractor begin operations until the test sections have adequately cured and he has received written approval by the Engineer. The approved mix design and test section shall be considered the standards for the operation.

No s
lurry seal shall be placed o n a wet street or crossi ng without the Engineer’s consent.

In are
as with existing asphalt berms, the slurry application shall include the entire berm.

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

The c
ost of cleanup and/or damage caused by vehicles tracking through the slurry seal will be born solely by the Contractor.

Al
l slurried streets shall be swept by power broom six (6) days after spreading. 302-4.

5.5 Public Convenience and Traffic Control. The spreading schedule shall list the street segments in order of proposed application and denote which segments are to be completed each day.

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

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

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

Fai
lure of th e Contractor to meet and complete his daily sc hedule due to c onditions under his control once a street has been posted and the aforesaid time provisions for changes in the schedule have elapsed will result in d amages being sustained by the 158
75 Agency. Such da mages are, and will continue to be, impractical and extremely difficult to de termine. For each day the Contractor fai ls to meet and com plete th e sched ule after posting and after the aforesaid time provisions f or changes in the schedule have elapsed, the Contractor shall pay to the Agency, or have withheld monies due to him the sum of two hundred fifty dollars ($250) as liquidated damages for each calendar day.

In addition, the Contractor shall hand deliver a public notice to all adjacent residents and businesses affected by the work at least 48 hours (2 working days) in ad vance of the application of slurry.

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

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

Temporary reflective raised pavement m arkers shall be placed in accordance with the manufacturer’s instruct ions and shall b e cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive which shall not be used.

302-4.10 Measurement and Payment. The second paragraph of Subsection 302-4.10 of the Standard Specifications is hereby deleted and replaced with the following:

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

Bid Ite
m No. 6 – Install Crack Seal and Spray Weed Killer

Crack Sealing

Add the following section:

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

The contractor shall spray all cracks to be sea led with “Round Up” weed killer solution manufactured by Monsanto Company or approved equal; at the rate recommended by the manufacturer. The chemical solution shall be mixed with purple dye to facilitate inspection. Any crack without purple color showing after spraying, the Contractor shall be directed to spray these cracks again at no additional cost to the City. 159
76 Seven (7) calend ar days after chemical application, t he Contractor shall remove all weed and vege tation by mechanical mea ns using a ¼ inch wide rotating blade to ensure proper vegetation removal in narrow cracks.

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

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

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

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

Measurement and Payment

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

Bid Item No. 7 – A
djust Existing Storm Drai n/Sewer/Utility Manhole/Vault Frame and Cover to Finished Grade

This B id Item shall include all labor, equipment and materi als to adjust existing sewer/storm drain/utility manhole/vault frames and covers within the project limits to match finished grade if required. The work shal l be p erformed in acc ordance with the provisions of Subsection 403- 3 of the St andard Specificati ons for Public Works Construction and per Standard Plans for Public Works Construction.

All existing covers that can be lowered and raised shall be lowered pri or to cold milling/removal and adjusted to finished grade by the Contractor or by the Utility Owne r for the Contractor. For utility frames and covers under the jurisdiction of Verizon, AT&T, Edison, Los Angeles County Flood Cont rol Distric t, Los Angeles C ounty Sanitation Districts, a nd County Sewer Maintenance Districts, the Contract or shall contact these 160
77 organizations to arrange for adjustment of their respective facilit ies a minimum of seven (7) working days prior to cold milling/paving operations in accordance with Section 403- 3 of the Standard Specifications.

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

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

Bid It
em No. 8 – Adjust Existing Water Valve Can and Cover to Finished Grade

Adjusting of water valve cans and covers shall be in accordance with Section 403-3 of the Standard Specifications, with appl icable modifications for water valve cans and covers. Th e Contractor is to contact the water utility and determine if the utility wants the Contractor to lower and raise the water valves sleeves and covers or the water utility will do so on its own. In the latter case the Contractor will not be paid for this work.

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

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

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

Bid Ite
m No. 9 – Traffic Striping, Markings, Curb Painting

Before removal of AC surface, the Contract or shall video the surface markings, striping, house addresses, red curb etc. so as to be able to restore them when striping/marking of new pavement.
161
78 Traffic s tripes, pavement marki ngs of arrows, symbols, numbers a nd words, shall conform to the California Department of Transportation Standard Specifications: Section 84-3 Painted Traffic Stripes and Pavement Markings, current edition.

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

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

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

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

Painted and raised pavement marker removal s hall conform to Section 15 of t he CALTRANS Standard Specifications, 2018 edition. All striping and/or red/blue curb designated or required to be rem oved shall be removed by a method approved by the City Engineer. All r esidue remaining as a part of the removal operat ions sha ll be removed from the site.

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

Markings, as used in these Speci fications, include both lines and miscellaneous markings applied to the pavement surface, painting of red and blue curb and the installation of raised pavement markers. Materials and installatio n fo r painted and raised pavement marking shall conform to Sections 84 and 85 of CALTRANS Standard Specifications, 2018 edition. See City of Lynwood notes regardi ng painting only, use of City forms and restriping at all intersections.

Existing paint r emoval shall conform to Section 15 of the CALTR ANS Standard Specifications, 2018 edition. All residue remaining as a part of the removal operations shall be immediately removed from the site.

The Contractor shall provide cat tracking for the centerline and lane lines the same day, following paving operations. Reflectorized “slurry tabs” may be used in lieu of painted cat tracking.

162
79 Payment for Traffic Striping, Markings, Curb Painting, Signs and House Address shall be at the contract un it price per a Lump Sum (LS) amount and shall be considered full compensat ion for video the existing surface paint, furnishing all la bor, materials (including adhesiv es, g lass beads , and paint ), tool s, equi pment and incidentals necessary to perform all work, involved in, or appurtenant to the installation of pavement striping, r aised reflective pavement markers, painting curbs, grinding- off concrete surface, including removal and ins tallation of traffic sig ns and posts as indicated, complete in place for the width specified, and pavement markings of arrows, symbols, numbers and w ords , as shown on the plans and as required by the Project Specifications and no additional compensation will be allowed.

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

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

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

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

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

Paint: Panel F ace: Three coats outdoor enamel (sprayed) P anel R ear an d Frame: Two coats outdoor enamel (sprayed).

Color: Stark white background and blue lettering.

Lettering: Silkscreen enamels, Helvetica medium.

Covering: 1/4 inch clear plastic.

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

Disposition: After the Notice of Completion is issued, th e sign shall become the property of t he AGENCY, and the Contractor shall deliver the sign to t he Public Works Facility at no expense to the AGENCY.
163
80 Should, at the time, Contr actor need t o prepare the signs, Contractor is to check w ith City as to approved sign the Public Works Department may have in storage that can be used. Should the City have s uch signs, they sha ll be used in lieu of the making new signs. Should the City have signs at the Public Works Department that the Contrac tor can use, the Contractor will only be paid for signs the Contractor has made and are so furnished.

Payment for Installation of Public Improvement P roject Signs shall be at the contract unit price per Each (EA) and shall include full compensation for al l labor and materials, t ools, equipment, and f or do ing all wo rk invol ved, including de livery of the sign to the Public Works Facility at the end of the project.

164
81 CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
____ _____________________________
PART 4 - APPENDICES
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024

CITY OF LYNWOOD

4.1 A
ppendix A – Department of Industrial Relations (DIR)
Contractor Registration Number Form

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

4. 3 Appendix C – Standard Plans

4. 4 Appendix D – Contract Change Order (CCO) Form

4. 5 Appendix E – Substitution Request Form

4. 6 Appendix F – Labor Code Sections 1771, 1775, 1777.5, 1813 and 1815

4. 7 Appendix G – Project Sign

4.8 A
ppendix H - Trash Collection Schedule

4. 9 Appendix I – Engineering Plans (Contract Drawings) 165
82 APPENDIX “A”
Department of Industrial Relations (DIR)
Contractor Registration Number Form
166
83 Department of Industrial Relations (DIR)
Contractor Registration Number
Begi
nning July 1, 2014, con tractors must register with the Department of I ndustrial Relations (D IR) before biddi ng on p ublic works contracts in Ca lifornia. For more information, please refer to this sec tion of the D epartment of I ndustrial Relations Website: http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Pe
r this requirement, provide the following information:
______
________________________________________________________________ Contractor Name
Contractor Department of Industrial Relations Registration Number:
______
________________________________________________________________ Expiration Date of Registration Number
*(THIS
FORM MUST BE SUBMITTED WITH THE SEALED BID) *
167
84 APPENDIX “B”
List of Traffic Striping and Marking
and
Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities 168

CITY OF LYNWOOD SLURRY SEAL PROJECT
No. Street From To
Median Double
Yellow with
Markers (Broken)
White Laneline
with Markers
Double Yellow with
Markers Yellow Crosswalk White
Crosswalk Stop Bar F.H Blue
Markers Legend Parking Tees Left Turn
with Markers Arrow
1 Arlington Ave Atlantic Ave Gibson Ave 2 1
2 Carlin Ave Atlantic Ave MillRace Ave 424 1244 198 90 2 1 46 142 2 3 Carlin Ave Halo Dr Olanda St 184 732 98 50
continental 2 1 3
4 Cortland St Atlantic Ave Duncan Ave 60 50 2 1 35 1
5 Cortland St El Granda Ave Louise Ave 56 slow school
crossing
6 Cortland St Lugo Park Ave Wright Rd 1
7 Duncan Ave Sanborn Ave MLK Jr. Blvd 725 no markers 90 2 1 stop ahead 8 Duncan Ave MLK Jr. Blvd Walnut Ave 55 2 1 stop ahead
9 Duncan Ave Walnut Ave Cortland St 2 2
10 Duncan Ave Josephine St Lavinia Ave 1 1
11 Edgebrook Ave Rayborn St Olanda St 1
12 Edgebrook Ave Olanda St Fertile St
13 El Granada Ave Cortland St Fernwood Ave 2
14 First Ave Josephine St Agnes Ave 145 35 continental 2 2 yield 15 Josephine St Duncan Ave Wright Rd 1 1
16 Lugo Park Ave Cortland St Fernwood Ave 2 2
17 McMillan St Wright Rd E.O.P. 2
18 Niland St Virginia Ave Duncan Ave 2
19 Niland St Duncan Ave Wright Rd 1
20 Pendleton Ave Atlantic Ave City Limit 1
21 Phillips Ave Lavinia Ave Clark St 575 1
22 Pope Ave Sanborn Ave MLK Jr. Blvd 55 2 2
23 Pope Ave Walnut Ave Cortland St 1 2
24 Pope Ave Cortland St Fernwood Ave 2
25 Vieta Ave Cortland St Fernwood Ave 2
26 Virginia Ave Los Flores Blvd Elmwood Ave 2 2
27 Virginia Ave Beechwood Ave Sanborn Ave 50 2 1
28 Virginia Ave MLK Jr. Blvd Walnut Ave
29 Virginia Ave Josephine St Lavinia Ave 2
30 Virginia Ave Lavinia Ave Niland St 1
31 Virginia Ave Niland St Alvada St
32 Virginia Ave Alvada St Clark St
33 Wright Rd Fernwood Ave Josephine St 785 1
34 Wright Rd Josephine St Lavinia Ave 2 1
35 Wright Rd Lavinia Ave Niland St 1 slow school
crossing
36 Wright Rd Niland St Clark St 175 1
37 Wright Rd Clark St Pelluer St 50 2 2
38 Wright Rd Pelluer St Rayborn St 1 2 slow school
crossing
39 Wright Rd Olanda St McMillan St 2
Lynwood Citywide Slurry Seal (Phase 4) Project, FY 2023-2024 - Striping & Marking Quantities

Page 1 of 1 ends

Lynwood City CouncilOctober 3, 2023

Lynwood City Council
October 3, 2023