Lynwood City Council
August 20, 2024

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
August 20, 2024
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 Duly posted on 8/15/24 by MQ
6:00 PM

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

6. PRESENTATIONS/PROCLAMATIONS

7. PUBLIC HEARING

7.1 ADOPTION OF 2021-2029 HOUSING ELEMENT AND RELATED ACTIONS: GENERAL PLAN AMENDMENT NO. GPA 2024-01 AND ORDINANCE TO AMEND THE

LYNWOOD MUNICIPAL CODE IN ORDER TO ADOPT AND IMPLEMENT THE LYNWOOD GENERAL PLAN 2021-2029 HOUSING ELEMENT.

Update on Law Enforcement Issues
Update from LA County Fire Department
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

City Video(s)

PUBLIC ORAL COMMUNICATIONS

(Regarding Agenda Items Only)

NON-AGENDA PUBLIC ORAL COMMUNICATIONS

THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE

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

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

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

Comments:

Staff recommends that the City Council consider the approval and adoption of 2021-2029 Housing Element and Related Actions: General Plan Amendment No. GPA 2024-01 and Ordinance to amend the Lynwood Municipal Code in order to adopt and implement the Lynwood General Plan 2021-2029 Housing Element.

On July 17, 2024, following a public
hearing, the Planning Commission recommended that the City Council approve General Plan Amendment No. GPA 2024-01 and Ordinance amending the Lynwood Municipal Code, based on the findings. (CD)
Recommendation:

Staff recommends that the City Council:
1 .

Introduce Ordinance.
2 .

Hold a public hearing on the project, the adoption of the 2021-2029 Housing Element and related actions.
3 .

Introduce for first reading, read by title only, and waive further reading of the attached Ordinance No. ___, entitled “AN ORDINANCE OF THE CITY COUNCIL

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

CALIFORNIA, AMENDING THE LYNWOOD MUNICIPAL CODE TO IMPLEMENT City Council Regular Meeting 2

8. CONSENT CALENDAR

8.1 APPROVAL OF THE WARRANT REGISTER

8.2 SECOND AMENDMENT TO PROFESSIONAL SERVCES AGREEMENT WITH AVANT GARDE INC.

8.3 PROJECT ACCEPTANCE FOR CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FY 2023-2024 CIP PROJECT NO. 4011.68.127

MINISTERIAL REVIEW OF AFFORDABLE HOUSING PROJECTS ON HOUSING ELEMENT SITES TO IMPLEMENT THE LYNWOOD GENERAL PLAN 2021-2029 HOUSING ELEMENT“.

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 August 20, 2024 for FY 2023-2024 and FY 2024- 2025. (FIN)
Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated August 20,2024 for FY 2023-2024 and FY 2024-2025

Comments:

Staff is requesting that the City Council approve Second Amendment to the Professional Service Agreement with Avant Garde Inc. for the remaining balance of $98,400 to continue the administration of the program and extend the term to June 30, 2026. (CD) Recommendation:

Staff recommends that the City Council:

Approve Second Amendment to the Public Service Agreement with Avant Garde Inc and adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF

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

AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO PROFESSIONAL

SERVICE AGREEMENT WITH AVANT GARDE INC FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SERVICES FOR THE COMMERCIAL FAÇADE GRANT PROGRAM.”

City Council Regular Meeting 3

8.4 AWARD OF CONTRACT TO COURTNEY INC. FOR THE ROOF RESTORATION AND

REPLACEMENT AT LYNWOOD CITY HALL, LYNWOOD COMMUNITY CENTER AND LYNWOOD SENIOR CENTER (PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133)

8.5 AWARD OF CONTRACT TO GREENFIELDS OUTDOOR FITNESS, INC. FOR THE

HAM PARK OUTDOOR FITNESS STATION RENOVATION PROJECT (CIP PROJECT NO. 4011.68.122)
Comments:

The City of Lynwood awarded a construction contract to All American Asphalt on July 18, 2023, for the Citywide Slurry Seal (Phase 3) Project No. 4011.68.127. The project 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 CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FY 2023-2024 CIP PROJECT NO.4011.68.127 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:

Staff created and published a Request for Proposal (RFP) for design-build services for the roof restoration and replacement at Lynwood City Hall, Lynwood Community Center and Lynwood Senior Center. The City received four (4) proposals to perform the work.

Staff recommends that the City Council award the contract to Courtney Inc. in the amount of $1,567,000. (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 COURTNEY INC. FOR THE ROOF RESTORATION AND

REPLACEMENT AT LYNWOOD CITY HALL, LYNWOOD COMMUNITY CENTER AND LYNWOOD SENIOR CENTER (PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133); AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT

AMENDMENTS RELATED TO THE PROJECT, AUTHORIZING THE MAYOR TO

EXECUTE THE AGREEMENTS AND APPROVING ON-CALL ENGINEERING

SERVICES PROVIDER BOWMAN INFRASTRUCTURE ENGINEERS PROPOSAL FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE PROJECT.”

Comments:

City Council Regular Meeting 4

8.6 INTENT TO VACATE PORTION OF FERNWOOD AVENUE FROM 795 FEET

SOUTHEAST OF ALAMEDA STEET TO IMPERIAL HIGHWAY

9. NEW/OLD BUSINESS

9.1 ADOPTION OF THE LIST OF RECOMMENDATIONS AND PRIORITY PROJECTS

FROM THE SAFE ROUTE TO SCHOOL PLAN
Staff conducted an Informal Request for Proposals (IRFP) for the Ham Park Outdoor Fitness Station Renovations project (Project). An IRFP is a document issued to obtain written, competitive Proposals to be used as a basis for entering into a contract when price will not necessarily be the predominant award criteria. On April 10, 2024, staff sent an invitation to three (3) qualified contractors to submit proposals for the Project. On May 22, 2024, staff received two (2) proposals from Greenfields Outdoor Fitness, Inc. and Kompan, Inc., the third contractor declined to submit a proposal. Staff recommends that City Council award a contract to Greenfields Outdoor Fitness, Inc. in the amount of $132,001.22. (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 GREENFIELDS OUTDOOR FITNESS, INC. FOR THE HAM PARK OUTDOOR FITNESS STATION RENOVATION PROJECT (CIP PROJECT NO. 4011.68.122); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND

AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT.”

Comments:

Staff is looking to develop City owned lots that are located along Fernwood Avenue between Imperial Highway and Alameda Street. The section of Fernwood Avenue is currently not in use and will interfere with the future development of residential and commercial properties. Staff is recommending to City Council determine its intent to vacate the portion of Fernwood Avenue between Alameda Street and Imperial Highway. (PW)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE PORTION OF FERNWOOD AVENUE FROM 795 FEET SOUTHEAST OF ALAMEDA STREET TO IMPERIAL HIGHWAY”

Comments:

The City of Lynwood has completed the Safe Route to School plan. Staff is now ready to present the plan and the recommended improvements to be adopted by City Council. (PW)
City Council Regular Meeting 5

9.2 ANNUAL STREET IMPROVEMENT PROGRAM – PRIORITY SEGMENT LIST

10. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

11. STAFF ORAL COMMENTS
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE

SAFE ROUTE TO SCHOOL PLAN FOR FUTURE IMPLEMENTATION AS PART OF THE CITY’S 5-YEAR CIP PROGRAM.”

Comments:

Based on the anticipated budget and current pavement conditions of streets throughout the City, Staff proposes a series of street segments for inclusion in the Annual Street Improvement Program. The pavement conditions are assessed every few years and reported as part of the Pavement Management Program (PMP). A priority ranking has been assigned to each grouping and was presented to the Infrastructure Ad Hoc Committee on July 25, 2024.

Staff request that the City Council receive and file the proposed Annual Street Improvement Segment List. (PW)
Recommendation:

Staff recommends that the City Council receive and file this agenda item. No further City Council action is necessary.

ADJOURNMENT

THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 3, 2024 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 6

AGENDA STAFF REPORT

DATE:

August 20, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Gabriel Linares, Director of Community Development
SUBJECT:

ADOPTION OF 2021-2029 HOUSING ELEMENT AND RELATED
ACTIONS: GENERAL PLAN AMENDMENT NO. GPA 2024-01 AND

ORDINANCE TO AMEND THE LYNWOOD MUNICIPAL CODE IN ORDER
TO ADOPT AND IMPLEMENT THE LYNWOOD GENERAL PLAN 2021-
2029 HOUSING ELEMENT.

Agenda Item # 7.1.

Recommendation:

Staff recommends that the City Council:
1 .

Introduce Ordinance.
2 .

Hold a public hearing on the project, the adoption of the 2021-2029 Housing Element and related actions.
3 .

Introduce for first reading, read by title only, and waive further reading of the attached Ordinance No. ___, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING

THE LYNWOOD MUNICIPAL CODE TO IMPLEMENT MINISTERIAL REVIEW OF

AFFORDABLE HOUSING PROJECTS ON HOUSING ELEMENT SITES TO IMPLEMENT THE LYNWOOD GENERAL PLAN 2021-2029 HOUSING ELEMENT“.

Background:

The City of Lynwood has prepared an update to the city’s Housing Element. California's Government Code section 65580 mandates each jurisdiction to prepare a Housing Element that is incorporated into its General Plan. This is to ensure adequate planning for projected housing demand throughout the state. Unlike other elements of the General Plan, the Housing City Council City Council Regular Meeting 7
Element must be updated by deadlines set forth by the state agency, the Department of Housing and Community Development (HCD). The process begins with the Regional Housing Needs Assessment (RHNA), which is the estimated number of housing units that must be planned for to accommodate over the planning period of usually eight years. This allocation is further subdivided among five household income categories: extremely low, very low, low, moderate, and above moderate, with affordable housing income limits determined by the U.S.

Department of Housing and Urban Development (HUD) and adjusted for family size.

The Southern California Association of Governments is responsible for the public process by which this regional allocation is apportioned to each jurisdiction within its boundaries. The policies outlined in the Housing Element must not only demonstrate how the allocated number of units can be accommodated, but also address the removal of governmental barriers to housing production, ensure the jurisdiction's housing stock is maintained, and guarantee that housing is available to all economic classes of the community on an equitable basis.

The City’s RHNA allocation is a planning requirement based on housing need and not a construction mandate. The Housing Element must provide an evaluation of potential capacity for additional housing based on land use designations, development regulations, infrastructure availability, environmental conditions, and real estate market trends at a parcel-specific level.

The "sites analysis" is the evaluation of properties where additional housing could be built consistent with city regulations. The Housing Element document must demonstrate that the city has adequate sites with appropriate zoning to fully accommodate additional housing development in each income category.

Appendix B of the Housing Element is a parcel-level analysis of sites where additional housing could potentially be built. The sites analysis shows that with the rezoning of previously identified sites as described in Program 5, Lynwood's land use plans and zoning regulations will provide enough capacity to fully accommodate the RHNA allocation in all income categories.

City of Lynwood 6
th
Cycle Regional Housing Needs Allocation
Number of Units by Income Level
Very Low
Low
Moderate
Above Moderate
Total
377
139
235
807
1,558

As noted in Table B-1 on page B-2 of the Housing Element, Lynwood has sufficient sites City Council City Council Regular Meeting 8
zoned to accommodate the housing need in the moderate- and above moderate-income affordability categories as well as sufficient sites to accommodate the housing need in the low- and very low-income affordability categories, which is considered together and referred to as “lower RHNA.” The Lynwood lower RHNA is 516 units. Existing vacant sites accommodate 151 units, and existing underutilized (nonvacant) sites accommodate 516 units toward the lower RHNA. As all of the vacant sites have been identified in the site inventory of two or more consecutive prior housing elements and all of the underutilized (nonvacant) sites have been identified in the site inventory of a prior housing element, the sites will need to be made available by zoning that requires “by-right” ministerial review of housing development projects that include at least 20% of the units to be affordable to lower-income households. As pending projects accommodate 137 units toward the lower RHNA of 516 units, Lynwood will need to make available previously identified sites accommodating at least 379 units as noted in Program 5 of the Housing Element.

HCD Review
A significant distinction between the housing element and other components of the general plan lies in the level of state oversight. Recognizing the importance of ensuring an adequate housing supply, the State legislature has granted authority to HCD to review city housing elements to ensure their compliance with state law. The certification of a housing element by HCD signifies a finding of compliance. Certification holds substantial significance as it enables a city to be eligible for grant funds and reinforces local land use authority. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the Caltrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

A review of housing elements by HCD is required both prior to and after the final adoption by the City Council. Following an extensive public participation process including a public review of the initial draft described in Appendix C of the Housing Element, the City submitted an initial draft of the housing element to HCD in August 2021. Following comments by HCD, the Lynwood City Council on January 18, 2022 adopted a housing element that included revisions in response to those comments. However, HCD was unable to certify that adopted housing element and the City submitted subsequent drafts in May 2023, November 2023, February 2024, and May 2024. On June 4, 2024, HCD confirmed that the revised draft housing element with revisions received on May 30, 2024 would satisfy the statutory requirements and be compliant with State Housing Element Law (Gov. Code § 65580 et seq.) upon adoption by the City and the completion of Program 5 rezoning to make available previously identified sites (Attachment 3).

Upon adoption by the City Council, the Housing Element and necessary rezoning actions must undergo HCD review. HCD is allotted 60 days to complete its review of the adopted housing City Council City Council Regular Meeting 9
element for certification of the City’s compliance with housing element law, which is retroactive to the date that the City has completed all of the actions.

Project Components:

The project is to adopt the 2021-2029 Housing Element and take the related actions necessary to obtain certification of Lynwood’s compliance with state housing element law, which include adopting General Plan Amendment GPA 2024-01 and adopting Ordinance to amend the Lynwood Municipal Code, as described below:

General Plan Amendment
to adopt the City of Lynwood 2021-2029 Housing Element
Update- Final May 2024

Zoning Code Amendment
to establish to establish a ministerial by-right review procedure applicable to eligible affordable housing projects including those on sites identified in the site inventories of previous housing elements as required by state housing element law and consistent with the Housing Element

Housing Element Content
The Housing Element and associated land use regulations pertaining to housing are governed by comprehensive California state laws. The Final 2021-2029 Housing Element (available online at the location noted below the attachments) encompasses the following key elements:

Chapter 1 – Introduction.

The Introduction provides a summary of the key issues and civic engagement that the Housing Element aims to address.

Chapter 2 – Housing Needs Assessment.

This chapter explains the assessment of
multiple factors in housing trends. Special analysis and considerations are made for population groups such as farm workers and persons with disabilities. An overview is provided of the RHNA, the city’s growth needs, and an assessment of the demographics in relation to Affirmatively Furthering Fair Housing.

Chapter 3 – Resources and Opportunities.

This section highlights the different
opportunities that are available to the public in order to facilitate housing in Lynwood.

Chapter 4 – Constraints.

This chapter explains the constraints to housing development in the city. This includes an analysis of governmental, environmental, and non- governmental constraints.

Chapter 5 – Housing Action Plan.

This chapter includes the City’s quantified housing
objectives and goals, policies, and programs (City actions) that address housing in the city.

City Council City Council Regular Meeting 10
Appendix A – Evaluation of the Prior Housing Element.

A comprehensive evaluation
of the previous housing element, including the status of its program implementation, including regarding special needs groups, is provided.

Appendix B – Residential Sites Inventory.

An inventory of sites that have been
assessed to meet the future demand and RHNA is outlined in this chapter.

Appendix C – Public Participation Summary.

A summary of all activities for public
outreach that have taken place for the 6th cycle update.

The Housing Element’s primary purpose is to analyze and create programs to address housing issues within the city. The Housing Element’s Chapter 5 consists of a Housing Action Plan which includes goals, policies, and programs (City actions) that will target the 2021 to 2029 planning period. These programs have been updated to reflect current and new commitments. These programs satisfy state housing element law requirements to include programs that:

Ensure adequate sites for housing
Assist in the development of housing to accommodate extremely low-, very low-, low- or moderate-income households, including special needs populations Address governmental and non-governmental constraints to the maintenance, improvement, and development of housing
Conserve and improve the condition of the existing affordable housing stock Preserve units at risk of conversion from affordable to market-rate rents Incentivize and promote the creation of accessory dwelling units that can be offered at an affordable rent
Promote and affirmatively further fair housing opportunities

Proposed Zoning Code Amendment
The proposed zoning code text amendment will add zoning requirements to sites identified in the most recent housing element site inventory as suitable to accommodate units affordable to lower-income households. As identified in the most recent housing element site inventory, these are either vacant sites that have been identified in the site inventory of two or more consecutive prior housing elements or underutilized (nonvacant) sites that have been identified in the site inventory of a prior housing element.

The amendment adds a new Article 22 (Housing Element Sites) to Chapter 25 of the Lynwood Municipal Code that would require, for these previously identified sites, a ministerial review procedure to allow owner-occupied or multifamily residential use by right for developments that include at least 20% of units affordable to lower income households. (Use by right means that the local government’s review cannot require a conditional use permit, planned unit development permit, or other discretionary local government review that would constitute a “project” under the California Environmental Quality Act.) The ministerial “by right” procedure is set forth in the new Section 25-100-9 (Ministerial Review), which would also be used whenever state law requires ministerial review of a housing project.

City Council City Council Regular Meeting 11

Discussion and Analysis:

Staff is recommending approval of General Plan Amendment GPA 2024-01 as this will adopt the 2021-2029 Housing Element which is necessary for the City to be certified in compliance with housing element law. Compliance with housing element law is critical for funding eligibility. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria.

Staff is recommending approval of Ordinance as the ordinance will provide the necessary regulatory requirements for affordable housing sites that have been identified in previous housing elements (i.e., “by-right” ministerial review of housing projects that include at least 20% of units affordable to lower income households) for the City to be certified in compliance with state housing element law.

The ordinance will make available vacant sites accommodating 151 units and nonvacant (underutilized) sites accommodating 516 units toward the lower RHNA. This exceeds the minimum 379 units that need to be made available noted in Program 5 of the Housing Element. Together with pending projects accommodating 137 units, the City will accommodate a total of 804 units on sites suitable for affordable housing following approval of the ordinance, which exceeds the City’s lower RHNA of 516 units.

Findings necessary for approval are included in the resolution and ordinance.

Environmental Review:

In accordance with the California Environmental Quality Act (CEQA), the Lynwood City Council on January 18, 2022 adopted a Mitigated Negative Declaration (MND) for the project prior to adopting a version of the 2021-2029 Housing Element that was unable to be certified by HCD. A copy of the final Initial Study/Mitigated Negative Declaration is available online at the location noted below the attachments. The proposed general plan amendment to adopt the Final May 2024 version of the City of Lynwood 2021-2029 Housing Element Update and zoning code amendment that will make available previously identified sites, required for certification of the City’s compliance with housing element law, are part of the project to adopt and implement the Lynwood Housing Element Update 2021-2029 for which the City Council adopted a Mitigated Negative Declaration on January 18, 2022, and no further environmental review is necessary.

City Council City Council Regular Meeting 12
Ordinance FINAL_Housing Element Update (6th Cycle).docx July 17, 2024 Planning Commission Resolution.pdf
June 4, 2024 HCD Letter.pdf
With the implementation of mitigation measures mitigating potential impacts in the areas of cultural resources, recreation, transportation and traffic, and tribal cultural resources, which would apply to housing development contemplated in the Housing Element, the project will have a less than significant impact on the environment.

Public Notice:

A public hearing notice was published in the newspaper, and at three (3) public locations, which included inside City Hall, outside City Hall at the kiosk, and on the City’s website. As of the writing of this report, no comments have been received by staff.

Fiscal Impact:

Reviewing and adopting the Housing Element will not have any immediate fiscal impact.

However, ongoing implementation of the programs and periodic monitoring and reporting will require City staff to take actions that will be funded by the General Fund through the annual budget review and approval process. New development will be subject to development impact fees, which will be collected to fund public facilities, infrastructure improvements, and school facilities.

Coordinated With:

City Manager's Office
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 13
1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE

LYNWOOD MUNICIPAL CODE TO IMPLEMENT MINISTERIAL REVIEW

OF AFFORDABLE HOUSING PROJECTS ON HOUSING ELEMENT
SITES TO IMPLEMENT THE LYNWOOD GENERAL PLAN 2021-2029

HOUSING ELEMENT

RECITALS
WHEREAS, pursuant to Lynwood Municipal Code Article 115, Chapter 25, the City of Lynwood, to implement the zoning required with adoption of the 2021-2029 Housing Element, has initiated an amendment to the zoning code as described below:

Zoning Code Amendment to establish a ministerial by-right review procedure applicable to eligible affordable housing projects including those on sites identified in the site inventories of previous housing elements as required by state housing element law and consistent with the Housing Element, as set forth in the attached Exhibit “1”: Lynwood Municipal Code Amendments; and
WHEREAS, on July 17, 2024, the Planning Commission conducted a duly noticed public hearing for the proposed zoning code amendment ordinance and recommended approval of the proposed ordinance after considering public testimony and accompanying documents; and
WHEREAS, the City Council has reviewed and considered the staff report and accompanying materials prior to acting on the proposed zoning code amendment ordinance. The staff report, 2021-2029 Housing Element, draft ordinance, and environmental determination is on file and available through the Community Development Department at Lynwood City Hall; and
WHEREAS, on August 20, 2024, the City Council introduced and conducted a duly noticed public hearing on the proposed general plan amendment and zoning code amendment ordinance and considered testimony and materials in the staff report and accompanying exhibits and documents, at which time all interested parties were given full opportunity to be heard; and
WHEREAS, on August 20, 2024, the City Council approved the general plan amendment for the project to adopt the City of Lynwood 2021-2029 Housing Element Update- Final May 2024; and
WHEREAS, the City Council finds and determines that this ordinance is part of the project to adopt and implement the Lynwood Housing Element Update 2021-2029 for which the City Council adopted a Mitigated Negative Declaration on January 18, 2022, and no further environmental review is necessary; and
14 2
WHEREAS, the City Council finds and determines that the zoning of the sites as provided in this ordinance will accommodate 667 units toward Lynwood’s “lower RHNA” of 516 units, and together with pending projects accommodating 137 units, the City will accommodate a total of 804 units, exceeding the City’s “lower RHNA” and completing the rezoning required by Program 5 of the Housing Element and housing element law; and WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred.

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

Section 1. The City Council hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance.

Section 2. The City Council amends Chapter 25 of the Lynwood Municipal Code as provided in Exhibit “1”, attached hereto and incorporated herein by reference.

Section 3. Based upon all testimony and comments from the public, an examination and review of the record and reports from staff, the City Council hereby finds and determines the following:
a) That this zoning code amendment ordinance is consistent with the goals, policies, and objectives of the general plan, in that the proposed actions align internally with the general plan, are consistent with one another, and further the goals of preserving and improving housing, encouraging a variety of housing types to meet the needs of city residents, providing housing assistance where needed and feasible, removing constraints to the development of housing, and promoting equal housing opportunities. b) That the proposed and zoning code amendment will not adversely affect surrounding properties as the zoning code amendment does not change the zone of any properties.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 5. Effective Date. The City Clerk shall certify to the passage of this Ordinance and shall cause this ordinance to be published and/or posted as required by law and said Ordinance shall become effective 30 days after its passage. 15 3
PASSED, APPROVED AND ADOPTED this 20th day of August 2024. ________________________________
Jose Luis Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Julian Lee, Interim City Manager 16 4

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 Ordinance was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 20th day of August, 2024, and passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Maria Quinonez, City Clerk
17 RESOLUTION NO. 3458

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

LYNWOOD, COUNTY OF LOS ANGELES, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL
PLAN AMENDMENT NO. GPA 2024-01 AND ADOPT AN ORDINANCE

TO AMEND THE LYNWOOD MUNICIPAL CODE IN ORDER TO ADOPT
AND IMPLEMENT THE LYNWOOD GENERAL PLAN 2021-2029

HOUSING ELEMENT
WHEREAS, pursuant to califomia Government Code Section 65358, the legislative body of a city may amend all or part of an adopted general plan if it deems it to be in the public interest; and
WHEREAS, the Housing Element is a mandatory component of the General Plan in accordance with state law. The purpose of the Housing Element is to address the housing needs of both current and future residents. The State of california imposes a requirement on all cities to adopt a Housing Element and provide a comprehensive description of the essential conditions; and
WHEREAS, the City of Lynwood's 5th Cycle Housing Element (2014-2021 reporting period) is due to be updated; and
•
WHEREAS, the City's objective in this update is to obtain certification of the Housing Element for the 6th Cycle (2021-2029 reporting period) from the State of California Department of Housing and Community Development (HCD); and WHEREAS, on June 4, 2024, HCD confirmed that the revised draft Housing Element with revisions received on May 30, 2024, would satisfy the statutory requirements and be compliant with State Housing Element Law (Gov. Code§ 65580 et seq.) upon adoption by the City and the completion of Program 5 rezoning to make available previously identified sites; and
WHEREAS, the City of Lynwood, to adopt the 2021-2029 Housing Element and implement Program 5 of that element, is initiating General Plan Amendment GPA 2024- 01 and an ordinance (draft attached) to amend the Lynwood Municipal Code, as described below:

General Plan Amendment to adopt the City of Lynwood 2021-2029 Housing Element Update-Final May 2024;
Zoning Code Amendment to establish a ministerial by-right review procedure applicable to eligible affordable housing projects including those on sites identified in the site inventories of previous housing elements as required by state housing element law and consistent with the Housing Element; and 1 18
WHEREAS, the Planning Commission has reviewed and considered the staff report and environmental documentation included in the accompanying materials prior to acting on the proposed general plan amendment and zoning code amendment. The staff report, 2021-2029 Housing Element, draft ordinance, and environmental determination is on file and available through the Community Development Department at Lynwood City Hall; and
WHEREAS, a public hearing notice was published in the Lynwood Press Wave on June 28, 2024, announcing that the Lynwood Planning Commission will conduct a public hearing to consider a general plan amendment to adopt the 2021-2029 Housing Element and a zoning code amendment to establish a ministerial by-right review procedure applicable to eligible affordable housing projects including those on sites identified in the site inventories of previous housing elements. In addition, the notice was posted at three (3) public locations, which included inside City Hall, outside City Hall at the kiosk, and on the City's website; and
WHEREAS, on July 17, 2024, the Planning Commission conducted a duly noticed public hearing on the proposed actions and considered public testimony and materials in the staff report and accompanying documents, at which time all interested parties were given full opportunity to be heard; and

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF

LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The above recitals are all true and correct and incorporated herein.

Section 2. The Planning Commission hereby finds and determines that the proposed general plan amendment and zoning code amendment are part of the project to adopt and implement the Lynwood Housing Element Update 2021-2029 for which the City Council adopted a Mitigated Negative Declaration on January 18, 2022, and no further environmental review is necessary.

Section 3. The Planning Commission hereby finds and determines that the zoning of the sites as provided in the attached draft ordinance accommodate 667 units toward Lynwood's "lower RHNA'' of 516 units, and together with pending projects accommodating 137 units, the City will accommodate a total of 804 units, exceeding the City's "lower RHNA" and completing the rezoning required by Program 5 of the Housing Element and housing element law.

Section 4. Based upon all testimony and comments from the public, an examination and review of the record and reports from staff, the Planning Commission hereby finds and determines the following:
a) That the proposed general plan amendment is in the public interest and that there will be a community benefit resulting from the amendment, in that City adoption of the amendment and related action is necessary for the City's compliance with state housing element law and eligibility for funding tied to the City's compliance with state housing element law.
2 19
b) That the proposed general plan amendment and zoning code amendment is consistent with the goals, policies, and objectives of the general plan, in that the proposed actions align internally with the general plan, are consistent with one another, and further the goals of preserving and improving housing, encouraging a variety of housing types to meet the needs of city residents, providing housing assistance where needed and feasible, removing constraints to the development of housing, and promoting equal housing opportunities.
c) That the proposed general plan amendment will not conflict with provisions of the zoning code, subdivision regulations, or any applicable specific plan, in that the proposed amendment does not affect subdivision regulations and the housing element programs identify minor amendments to the zoning code and specific plans to be made, and that as provided by the housing element programs, zoning code and specific plan regulations will be updated in the near future. d) That the proposed and zoning code amendment will not adversely affect surrounding properties as the zoning code amendment does not change the zone of any properties.
5ection s. The actions taken under this Resolution are exempt from further CEQA analysis as the City Council adopted a Mitigated Negative Declaration for the project on January 18, 2022.

Section 6. For the foregoing reasons, the Planning Commission recommends that the City Council approve General Plan Amendment No. GPA 2024-01 and the attached draft ordinance amending the Lynwood Municipal Code, based on the above findings.

AYES: Salazar, West, Gomez, Moore
NOES:

ABSTAIN:

ABSENT: Diaz
Section 7. The Planning Commission Secretary shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this 17lh day of July 202 .

APPROVED AS TO FORM:
~ L~L
Jonin Gabr' I L nares
Office of the City Attorney Dire or of Community Development 3 20
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

J
une 4, 2024

G
abriel Linares, Director
Community Development Department
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262

D
ear Gabriel Linares:

R
E: City of Lynwood’s 6th Cycle (2021-2029) Revised Draft Housing Element

T
hank you for submitting the City of Lynwood’s (City) revised draft housing element update received for review on May 30, 2024. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.

H
CD is pleased to find the revised draft housing element meets the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq.). However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones as described below. The housing element will comply with State Housing Element Law when rezoning is complete and the element is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.

P
ursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to make prior identified sites availability or to accommodate a shortfall of sites are completed pursuant to Government Code sections 65583, subdivision (c)(1)(A) and 65583.2, subdivision (c). As this year has passed and Program 5 (Housing Opportunity Sites) has not been completed, the housing element will remain out of compliance until the rezoning have been completed.

P
ublic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested 21 Gabriel Linares, Director

notices relating to the local government’s housing element at least seven days before submitting to HCD.

A
s a reminder, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housing- elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

S
everal federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

H
CD appreciates the hard work and dedication the housing element team provided throughout the housing element review and update. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected].

S
incerely,

P
aul McDougall
Senior Program Manager
22 AGENDA STAFF REPORT

DATE:

August 20, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

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

APPROVAL OF THE WARRANT REGISTER
WARRANT RUN -8-20-2024-CC.pdf
8-20-2024-CC - WARRANT
RESOLUTION TEMPLATE-2024.pdf
Agenda Item # 8.1.

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated August 20,2024 for FY 2023-2024 and FY 2024-2025 Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2023-2024 and FY 2024-2025
Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 23
vchlist Prepaid - Check List Page: 1
08/08/2024 11:54:55AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211547 8/5/2024 005344 AT&T MOBILITY 333404869-070824 INTERNET SERVICE 240.75 Total: 240.75
211548 8/5/2024 001075 BOMB ENTERTAINMENT 259 EVENT SERVICE FEE 750.00 Total: 750.00
211549 8/5/2024 014178 BROWNBRIDGE CONSTRUCTION CITYOF-0003 ELECTRICAL EQUIPMENT 2,300.00 Total: 2,300.00
211550 8/5/2024 014074 CALIFORNIA ENERGY COMMISSION MIS-00000177 PROF & CONTRACTUAL SERVICES 66,955.11 Total: 66,955.11
211551 8/5/2024 013526 DOWNEY PARTY RENTALS 1-0002379 RENTAL EXPENSE-EVENT 639.65 Total: 639.65
211552 8/5/2024 013550 EAGLE PORTABLES SANITATION LLC 11055 RENTAL EXPENSE-EVENT 741.00 12094 RENTAL EXPENSE-EVENT 914.44
Total: 1,655.44
211553 8/5/2024 014128 ELI STRATEGY GROUP.INC 1233 PROF & CONTRACTUAL SERVICES 1,120.00 Total: 1,120.00
211554 8/5/2024 001087 FANTASY FLOWERS AND GIFTS 7335 EVENT SERVICE FEE 60.64 Total: 60.64
211555 8/5/2024 000163 SOUTHERN CALIFORNIA EDISON 000163-071824 LIGHT & POWER SERVICES 65,990.08 Total: 65,990.08
211556 8/5/2024 013619 TOYOTA FINANCIAL SERVICES 001 7362931-080624 AUTO EXPENSE 26,211.75 Total: 26,211.75
211557 8/5/2024 001302 U.S. BANK 001302-071524 BANKCARD CHARGES 200.00 001302-071524-A BANKCARD CHARGES 898.36
001302-071524-B BANKCARD CHARGES 3,555.90
001302-071524-C BANKCARD CHARGES 4,463.15
001302-071524-D BANKCARD CHARGES 534.30
001302-071524-E BANKCARD CHARGES 4,622.22
--
Page: 1
24 vchlist
08/08/2024 11 :54:55AM
Bank code: apbank
Voucher
211557
211558
Date Vendor
8/5/2024 001302 U.S. BANK
8/5/2024 011941 ZIONS BANK DIVISION
12 Vouchers for bank code:
12 Vouchers in this report
apbank
Prepaid - Check List
City of Lynwood
Invoice
(Continued)
001302-071524-F
001302-071524-G
12080
PO# ------- Description/Account

BANKCARD CHARGES

BANKCARD CHARGES

FEES FOR SERVICES
Total:

Total:

Bank total:

Total vouchers:

Page: 2
Amount
2,446.61
100.13
16,820.67
1,750.00
1,750.00
184,494.09
184,494.09
Page: 2
25 vchlist
08/12/2024
Bank code:

Voucher
211559
211560
211561
3:17:07PM
apbank
Date Vendor
8/20/2024 004285 AVANT GARDE, INC.
8/20/2024 013725 CRAFlWATER ENGINEERING, INC.
8/20/2024 014077 LANDSCAPE DEVELOPMENT.INC,
3 Vouchers for bank code : apbank
3 Vouchers in this report
Check List - FY 2023-24
City of Lynwood
Invoice
10539
10540
21-058-18
8898919
8980878
Page: 3
PO# Description/ Account Amount
PROF & CONTRACTUAL SERVICES 22,005.00
PROF & CONTRACTUAL SERVICES 300.00
Total: 22,305.00
PROF & CONTRACTUAL SERVICES 50,515.43
Total: 50,515.43
PROF & CONTRACTUAL SERVICES 132,396.66
PROF & CONTRACTUAL SERVICES 138,017.82
Total: 270,414.48
Bank total: 343,234.91
Total vouchers: 343,234.91
Page: 3
26 vchlist
08/12/2024
Bank code:

Voucher
211562
211563
211564
211565
211566
211567
211568
3:29:00PM
apbank
Date Vendor
8/20/2024 013931 AETNA RESOURCES FOR LIVING
8/20/2024 011719 ALL STAR ELITE SPORTS
8/20/2024 013738 AMAZON CAPITAL SERVICES INC
8/20/2024 000926 AMERICAN TRANSPORTATION SYSTEM
8/20/2024 014313 ARELLANO, PATRICIA
8/20/2024 014319 ARRIOLA, SANDRA
8/20/2024 004986 BIOMETRICS4ALL, INC
Check List - FY 2024-25
City of Lynwood
Invoice
E0323817
E0325430
4404
13HX-DTCQ-4RT 4
137004
137005
137006
137007
137008
002794-0042
700124797
COLYN0122
Page: 4
PO# Description/Account Amount
PROF & CONTRACTUAL SERVICES 218.23
PROF & CONTRACTUAL SERVICES 218.23
Total: 436.46
COMMUNITY ACTIVITY EXPENSE 1,002.16
Total: 1,002.16
OFFICE EXPENSE 434.81
Total: 434.81
08-005281 TRANSPORTATION EXPENSE 777.07
08-005281 TRANSPORTATION EXPENSE 2,142.00
08-005281 TRANSPORTATION EXPENSE 714.00
08-005281 TRANSPORTATION EXPENSE 714.00
08-005281 TRANSPORTATION EXPENSE 1,666.00
Total: 6,013.07
REFUNDABLE DEPOSIT- EVENT 400.00
Total: 400.00
REFUND-CITATION 64.00
Total: 64.00
FEES FOR SERVICES 18.00
Total: 18.00
Page: 4
27 vchlist Check List - FY 2024-25 Page: 5
08/12/2024 3:29:00PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211569 8/20/2024 008015 BRAVO SIGN & DESIGN INC. 008015-2 06-010166 PROF & CONTRACTUAL SERVICES 43,795.00 Total: 43,795.00
211570 8/20/2024 006014 CA BLDG.STANDARDS COMMISSION 006014-063024 BUILDING PERMIT COLLECT FEE 338.00 Total: 338.00
211571 8/20/2024 013105 CALIFORNIA STREET LIGHTING 1177 FEES FOR SERVICES 1,440.00 Total: 1,440.00
211572 8/20/2024 014314 CASTRO, CHRISTIAN 002918-0072 REFUNDABLE DEPOSIT- EVENT 200.00 Total: 200.00
211573 8/20/2024 009302 CHESSER, CHRISTINE 009302-0726 FEES FOR SERVICES 250.00 009302-0727 FEES FOR SERVICES 250.00
009302-0803 FEES FOR SERVICES 350.00
Total: 850.00
211574 8/20/2024 002319 CINDY'S JUMPERS 81438 COMMUNITY ACTIVITY EXPENSE 353.00 81439 COMMUNITY ACTIVITY EXPENSE 353.00
81440 COMMUNITY ACTIVITY EXPENSE 353.00
Total: 1,059.00
211575 8/20/2024 001168 CINTAS CORPORATION NO. 2 5222840109 08-005282 SUPPLIES EXPENSE 91.04 8406949083 08-005282 SUPPLIES EXPENSE 307.96
9281374421 08-005282 SUPPLIES EXPENSE 40.51
Total: 439.51
211576 8/20/2024 000019 CITY NATIONAL BANK 8898919 RETENTION PAYABLE 6,968.25 8980878 RETENTION PAYABLE 7,264.10
Total: 14,232.35
211577 8/20/2024 003372 CITY OF LYNWOOD 23-25500-06-063024 UTILITY ASSISTANCE 522.27 23-28800-09-063024 UTILITY ASSISTANCE 1,023.23
40-18000-04-063024 UTILITY ASSISTANCE 281.99
43-10100-06-053124 UTILITY ASSISTANCE 393.16
53-00600-02-053024 UTILITY ASSISTANCE 1,308.58
61-25300-02-053124 UTILITY ASSIST ANC 118.18
Page: 5
28 vchlist Check List - FY 2024-25 Page: 6
08/12/2024 3:29:00PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 211577 8/20/2024 003372 003372 CITY OF LYNWOOD (Continued) Total: 3,647.41 211578 8/20/2024 013501 CODESP 0006511 FEES FOR SERVICES 3,500.00 Total: 3,500.00
211579 8/20/2024 001306 CORELOGIC SOLUTIONS, LLC. 30729997 FEES FOR SERVICES 64.32 Total: 64.32
211580 8/20/2024 013751 CUELLAR, LUIS GERARDO 013751-083124 ELECTRONIC/MEDIA AND AUTO EXPENSES 500.00 Total: 500.00
211581 8/20/2024 000305 CULLIGAN 1950664 06-010193 PROF & CONTRACTUAL SERVICES 81.52 Total: 81.52
211582 8/20/2024 014269 DBX INC 014269-2 06-010171 PROF & CONTRACTUAL SERVICES 160,456.77 Total: 160,456.77
211583 8/20/2024 001389 ESRI, INC. 94765130 12-000477 PROF & CONTRACTUAL SERVICES 875.00 Total: 875.00
211584 8/20/2024 009633 EVENT STEP AND REPEAT 19453 COMMUNITY ACTIVITY EXPENSE 324.12 Total: 324.12
211585 8/20/2024 013881 FAGEN FRIEDMAN & FULFROST LLP 224366 PROF & CONTRACTUAL SERVICES 236.00 Total: 236.00
211586 8/20/2024 013503 FINANCIAL SERVICES LLC, PITNEY 3106761435 FEES FOR SERVICES 865.07 Total: 865.07
211587 8/20/2024 013838 GEORGE, LINDA MAE 013838-071824 COMMISSIONER'S STIPEND 50.00 Total : 50.00
211588 8/20/2024 014310 GORDON, TONYA 002949-0011 REFUND-BATEMAN HALL RENTAL 150.00 003029-0042 REFUND-EVENT FEE 92124 792.00
Total: 942.00
211589 8/20/2024 001510 GRAINGER, INC. 9193545192 06-010196 OPERATING SUPPLIES 434.45 9193545200 06-010196 OPERATING SUPPLIES 204.45
Page: 6
29 vchlist Check List - FY 2024-25 Page: 7
08/12/2024 3:29:00PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 211589 8/20/2024 001510 GRAINGER, INC. (Continued)
9194379930 06-010196 OPERATING SUPPLIES 22.05
9197854905 06-010196 OPERATING SUPPLIES 73.81
9198639966 06-010196 OPERATING SUPPLIES 91.75
Total: 826.51
211590 8/20/2024 003338 HILLYARD-LOS ANGELES 605542545 06-010197 SUPPLIES EXPENSE 2,300.45 605544077 SUPPLIES EXPENSE 38.00
Total: 2,338.45
211591 8/20/2024 006360 ICE MACHINES SALES & SVCS. 0221256-IN REPAIRS AND MAINT EXPENSES 165.00 Total: 165.00
211592 8/20/2024 014312 JONES, PATRICIA 003072-0186 REFUNDABLE DEPOSIT- EVENT 200.00 Total: 200.00
211593 8/20/2024 003331 L.A. COUNTY SHERIFF DEPT. 243671EC 01-001828 LA COUNTY SHERIFF 1,049,944.77 243672EC 01-001829 LA COUNTY SHERIFF 22,789.60
243771MR 01-001830 LA COUNTY SHERIFF 18,340.14
243772MR 01-001830 LA COUNTY SHERIFF 10,335.45
243773MR 01-001830 LA COUNTY SHERIFF 1,256.76
243839MR 01-001830 LA COUNTY SHERIFF 3,801.71
Total: 1,106,468.43
211594 8/20/2024 013945 LEE, JULIAN 013945-051824 REIMBURSEMENTS- CCCA ANNUAL 210.00 Total: 210.00
211595 8/20/2024 000486 LIBERTY UTILITIES 200006780726-060624 UTILITY ASSISTANCE 1,211.96 200010502769-060624 UTILITY ASSISTANCE 998.98
Total: 2,210.94
211596 8/20/2024 000450 LIEBERT CASSIDY WHITMORE 270634 TRAINING 3,900.00 Total: 3,900.00
211597 8/20/2024 013785 LO, NATALIA 013785-102924 REIMBURSEMENT-MILEAGE 346.68 Total: 346.68
211598 8/20/2024 006146 LOPEZ, ROSEMILLIE 006146-071824 COMMISSIONER'S STIPEND 50.00 Page: 7
30 vchlist Check List - FY 2024-25 Page: 8
08/12/2024 3:29:00PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211598 8/20/2024 006146 006146 LOPEZ, ROSEMILLIE (Continued) Total: 50.00 211599 8/20/2024 014321 MAE, RIGGS MATTIE 522130965 REFUND-CITATION 58.00 Total: 58.00
211600 8/20/2024 014316 MANCILLAS, ROSA MARIA 399134483 REFUND-CITATION 30.00 Total: 30.00
211601 8/20/2024 001541 MARAVILLA FOUNDATION 002580-0040 REFUND- PERMIT PROJECT 233.69 002908-0044 REFUND PERMIT-PROJECT 60.00
Total: 293.69
211602 8/20/2024 007308 MEEDER PUBLIC FUNDS Lynwood#53 PROF & CONTRACTUAL SERVICES 3,000.00 Total: 3,000.00
211603 8/20/2024 013504 MINER, LTD 5310697593 06-010220 REPAIRS AND MAINT EXPENSE 6,162.52 5310698011 06-010220 REPAIRS AND MAINT EXPENSE 626.68
Total: 6,789.20
211604 8/20/2024 008782 MSJ ACCESS INC 91073356 06-010199 FEES FOR SERVICES 1,158.75 91073409 06-010199 FEES FOR SERVICES 427.12
Total: 1,585.87
211605 8/20/2024 009647 MV CHENG & ASSOCIATES, INC. 7/31/2024 02-002691 PROF & CONTRACTUAL SERVICE 30,723.75 Total: 30,723.75
211606 8/20/2024 011922 NORTH STAR LAND CARE 1601-811 06-010204 PROF & CONTRACTUAL SERVICES 1,440.00 1601-812 06-010204 PROF & CONTRACTUAL SERVICES 32,400.00 1601-818 06-010204 PROF & CONTRACTUAL SERVICES 13,820.00 Total: 47,660.00
211607 8/20/2024 000078 ODP BUSINESS SOLUTIONS,LLC 375625186001 02-002688 SUPPLIES EXPENSE 88.73 378182208001 06-010205 SUPPLIES EXPENSE 87.76
378219118001 03-000455 SUPPLIES EXPENSE 202.54
Total : 379.03
211608 8/20/2024 005562 ORKIN PEST CONTROL 268086180 FEES FOR SERVICES 1,843.08 268086702 FEES FOR SERVICES 1,036.80
Page: 8
31 vchlist Check List - FY 2024-25 Page: 9
08/12/2024 3:29:00PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 211608 8/20/2024 005562 ORKIN PEST CONTROL (Continued)
269862195 FEES FOR SERVICES 1,382.40
Total: 4,262.28
211609 8/20/2024 014058 PAVING & GRADING CO,INC, CALIFORNIA 44181 PROF & CONTRACTUAL SERVICES 2,998.25 Total: 2,998.25
211610 8/20/2024 005855 PETTY CASH - CITY TREASURER 005855-091223 PETTY CASH REIMBURSEMENT 6.15 Total: 6.15
211611 8/20/2024 014320 PINEDA, FRANCISCO 444126616 REFUND-CITATION 73.00 Total: 73.00
211612 8/20/2024 013970 PINS ADVANTAGE 2942 FEES FOR SERVICES 137.50 Total : 137.50
211613 8/20/2024 014311 RAMIREZ, ANGELICA 002893-0070 REFUNDABLE DEPOSIT- EVENT 400.00 Total: 400.00
211614 8/20/2024 011613 REACH MEDIA NETWORK 98027 FEES FOR SERVICES 1,404.00 Total: 1,404.00
211615 8/20/2024 000075 S & J SUPPLY CO. S100233539.001 06-010206 SUPPLIES EXPENSE 1,536.15 Total: 1,536.15
211616 8/20/2024 010757 SALAZAR RIVERO, YUNUEE 010757-0728 FEES FOR SERVICES 250.00 Total: 250.00
211617 8/20/2024 007205 SANCHEZ AWARDS 2368 FEES FOR SERVICES 452.02 Total: 452.02
211618 8/20/2024 014315 SAUER, AMBER 588127751 REFUND-CITATION 69.00 Total: 69.00
211619 8/20/2024 000163 SOUTHERN CALIFORNIA EDISON 700059582801-061724 UTILITY ASSISTANCE 1,279.64 700158638086-071824 UTILITY ASSISTANCE 342.47
700161816555 UTILITY ASSISTANCE 149.78
700188154277-062424 UTILITY ASSISTANCE 216.58
Page: 9
32 vchlist Check List - FY 2024-25 Page: 10
08/12/2024 3:29:00PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211619 8/20/2024 000163 SOUTHERN CALIFORNIA EDISON (Continued) 700226334285-061724 UTILITY ASSISTANCE 57.86
70032802524 7-073124 UTILITY ASSISTANCE 1,160.92
700342810269-061724 UTILITY ASSISTANCE 419.10
700454443731-071824 UTILITY ASSISTANCE 482.66
700706207332-070924 UTILITY ASSISTANCE 206.78
7007788370271-070324 UTILITY ASSISTANCE 2,344.68
700820993997-061724 UTILITY ASSISTANCE 314.22
700853565890-071824 UTILITY ASSISTANCE 276.99
700877861663-070924 UTILITY ASSISTANCE 450.35
Total: 7,702.03
211620 8/20/2024 014318 SULLIVAN, JEAN SAMANTHA 722124686 REFUND-CITATION 113.00 Total: 113.00
211621 8/20/2024 014104 SYSTEMS CONSTRUCTION, TORRES 014104-5 06-010133 PROF & CONTRACTUAL SERVICES 61,758.31 014104-6 06-010133 PROF & CONTRACTUAL SERVICES 291,657.60 Total: 353,415.91
211622 8/20/2024 014317 TABORDA, LEONARDO 688126379 REFUND-CITATION 124.00 Total: 124.00
211623 8/20/2024 000164 THE GAS CO. 00828853127-061824 UTILITY ASSISTANCE 505.28 03730145483-061824 UTILITY ASSISTANCE 32.50
04070117660 UTILITY ASSISTANCE 235.21
05680112009-071924 UTILITY ASSISTANCE 54.96
08108791016-071724 UTILITY ASSISTANCE 35.26
10487091661-051724 UTILITY ASSISTANCE 100.79
17520123443-071724 UTILITY ASSISTANCE 180.94
Total: 1,144.94
211624 8/20/2024 013215 THE HOME DEPOT PRO SUPPLY WORK 817325335 06-010188 SUPPLIES EXPENSE 56.49 Total: 56.49
211625 8/20/2024 013431 TISDALE, DEONDA 013431-071824 COMMISSIONER'S STIPEND 50.00 Total: 50.00
211626 8/20/2024 013487 TRUSAIC CINV-036349 05-001987 FEES FOR SERVICES 530.45 Page: 10
33 vchlist
08/12/2024
Bank code:

Voucher
211626
211627
211628
211629
211630
211631
3:29:00PM
apbank
Date Vendor
8/20/2024 013487 TRUSAIC
8/20/2024 009742 UNIFIRST CORPORATION
8/20/2024 008657 WASTE RESOURCES, INC.
8/20/2024 008657 WASTE RESOURCES, INC.
8/20/2024 002912 WATERLINE TECHNOLOGIES.INC
8/20/2024 008846 YANEZ, JACQUELINE
70 Vouchers for bank code : apbank
Check List - FY 2024-25
City of Lynwood
Invoice
(Continued)
CINV-036748
2190207733
2190207734
2190207735
2190207736
2190207737
2190211476
2190211477
2190211478
2190211479
2190211480
008657-073124
034876-050124
037283-072424
038587-070124
039138-070124
039479-070124
041456-050124
5700161
5700167
5700168
08846-0727
Page: 11
PO# Description/Account Amount
05-001987 FEES FOR SERVICES 530.45
Total: 1,060.90
06-010212 UNIFORM SERVICE AND SUPPLIES 66.90
06-010212 UNIFORM SERVICE AND SUPPLIES 128.74
06-010212 UNIFORM SERVICE AND SUPPLIES 540.01
06-010212 UNIFORM SERVICE AND SUPPLIES 141.41
06-010212 UNIFORM SERVICE AND SUPPLIES 123.32
06-010212 UNIFORM SERVICE AND SUPPLIES 66.90
06-010212 UNIFORM SERVICE AND SUPPLIES 247.26
06-010212 UNIFORM SERVICE AND SUPPLIES 118.83
06-010212 UNIFORM SERVICE AND SUPPLIES 87.90
06-010212 UNIFORM SERVICE AND SUPPLIES 123.32
Total: 1,644.59
02-002693 PROF & CONTRACTUAL SERVICES 205,066.11
Total: 205,066.11
UTILITY ASSISTANCE 574.75
UTILITY ASSISTANCE 240.05
UTILITY ASSISTANCE 228.55
UTILITY ASSISTANCE 643.25
UTILITY ASSISTANCE 185.95
UTILITY ASSISTANCE 285.38
Total: 2,157.93
06-010185 OPERATING SUPPLIES 607.26
06-010185 OPERATING SUPPLIES 455.44
06-010185 OPERATING SUPPLIES 910.89
Total: 1,973.59
FEES FOR SERVICES 250.00
Total: 250.00
Bank total: 2,035,847.96
Page: 11
34 vchlist
08/12/2024
Bank code:

Voucher
3:29:00PM
apbank
Date Vendor
70 Vouchers in this report
Check List - FY 2024-25
City of Lynwood
Invoice
Page: 12
PO# Description/Account Amount -------
Total vouchers: 2,035,847.96
Page: 12
35 RESOLUTION NO. 2024.xxx

Warrant Registers Dated 08-20-2024

PASSED, APPROVED and ADOPTED this 20th day of August 2024.

Jose Luis Solache, Mayor

ATTEST:

__________________________
Maria Quiňonez, Julian Lee,
City Clerk Interim City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

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

36 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 20th day of August 2024.

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-GUEVARA, MAYOR

PRO TEM SOTO AND MAYOR SOLACHE

NOES: NONE

ABSENT: NONE

ABSTAIN: NONE

_____________________ Date: _______________________
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. 2024.xxx on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of August 2024.

__________________________ Date: _________________________ Maria Quiňonez,
City Clerk

37 AGENDA STAFF REPORT

DATE:

August 20, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Gabriel Linares, Director of Community Development
SUBJECT:

SECOND AMENDMENT TO PROFESSIONAL SERVCES AGREEMENT
WITH AVANT GARDE INC.

Agenda Item # 8.2.

Recommendation:

Staff recommends that the City Council:

Approve Second Amendment to the Public Service Agreement with Avant Garde Inc and adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

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

AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO PROFESSIONAL

SERVICE AGREEMENT WITH AVANT GARDE INC FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SERVICES FOR THE COMMERCIAL FAÇADE GRANT PROGRAM.” Background:

At its regular meeting of April 19, 2022, the Lynwood City Council approved Resolution No. 2022.065 appropriating $830,000 in ARPA funding for program implementation of a Commercial Façade Grant utilizing Coronavirus Local Recovery Funds awarded to the City of Lynwood under the American Rescue Plan Act of 2021 (ARPA).

The grant program established the Business Beautification/Façade Improvement Plan to issue grants with an initial grant amount of $10,000, that would support basic repairs, facade improvements and beautification of high-need commercial corridors in the city affected by City Council City Council Regular Meeting 38
COVID -19 closures and other safety or quality of life impacts.

On July 25, 2022, the City’s On-Call Consultant, Avant Garde, was brought in to administer the City’s Commercial Façade Program, under the City Manager’s authority for a not-to- exceed amount of $25,000. On May 2, 2023, the City Council approved a First Amendment to the Professional Service Agreement with Avant Garde Inc. in the amount of $170,625 to continue the administration of the program and extend the term to June 30, 2024.

Discussion and Analysis:

The City Council has received updates and provided staff direction for further discussion and implementation of the program at the Regular City Council meetings of March 21, 2023, April 4, 2023, and April 18, 2023. At the April 18, 2023, Regular City Council meeting, the City Council authorized an increase to the grant amount to $20,000 and allow staff the flexibility to award up to $25,000 based on funding availability due to the increase cost of materials and labor and the bids received thus far. The increase would allow staff to move forward with the improvements for applicants that have received bids. On April 4, 2023, the City Council directed staff to fund 75 applicants. On April 18, 2023, the City Council approved the appropriation of additional ARPA funds for 75 applicants and the administrative costs required for the program.

Currently, staff are requesting that the City Council approve a Second Amendment to the Professional Service Agreement with Avant Garde Inc. to extend the term of the contract to June 30, 2026 for the remaining balance of $98,400. The scope of work will include: Meet with applicants, review and approve program participation. Perform initial field inspection of properties for which assistance is requested. Prepare written inspection reports and cost estimates connected with the above inspection. Prepare grant documents. Conduct bid process procedures, review of bids, selection of contractors, and staff, as appropriate. Arrange pre-construction meetings with contractors, property owners, and staff, as appropriate.

Conduct progress inspections and recommend approval of progress payments. Conduct final inspection.

Avant Garde Inc will continue working with current and new applications. To date, eighty-four (84) applications have been submitted. Sixteen (16) projects were completed; four (4) projects are currently in construction; one (1) business is pending a Pre-Construction meeting; four (4) businesses require work write ups to then send out for bids; two (2) scope of work are in progress for review by owner; and one (1) business is pending a Site Inspection from an AGI team member. Additionally, five (5) applicants are currently pending additional documentation to confirm eligibility (to determine income eligibility and/or review Property Owner documents/consent). Thirty-two (32) applications were suspended due to non- responsiveness to requests for documentation and nineteen (19) applications have been closed/deferred for causes such as ineligible locations, business types, or other reasons.

City Council City Council Regular Meeting 39
Resolution_-_Second_Amendment_for_Avant_Garde 8-20-24.doc ARPA Map - Commercial facade Program 8-20-24.docx
Second Amendment - Avant_Garde (Facade Improvement Program).doc

Additionally, Avant Garde will implement a targeted canvas of the businesses located within the ARPA Qualified Census tracts along most of Long Beach Boulevard and the segment of Imperial Boulevard from Long Beach Boulevard to Bullis Road. Applicants in the qualified census areas do not have to provide financial disparity documents. Business owners would only need to provide a valid Business License and Tenant Lease in addition to the Property Owner’s consent & verification.

The canvas would include face-to-face visits with applicable businesses to provide detail on the program and provide examples of previously assisted properties. It is anticipated that that canvassing will take place for a total of 12 hours over two days. Social Media campaign posts would also be created to showcase the opportunities for funding.

Fiscal Impact:

ARPA funds have been allocated for these services. There is no impact on the City’s General Fund. No additional ARPA funds are being requested as part of this Second Amendment.

Coordinated With:

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

Description
City Council City Council Regular Meeting 40
RESOLUTION NO. ________________

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE

EXECUTION OF A SECOND AMENDMENT TO PROFESSIONAL SERVICE

AGREEMENT WITH AVANT GARDE INC FOR THE PURPOSE OF

PROVIDING ADMINISTRATIVE SERVICES FOR THE COMMERCIAL
FAÇADE GRANT PROGRAM
WHEREAS, the Lynwood City Council approved Resolution No. 2022.018 reserving and appropriating Coronavirus Local Recovery Funds awarded to the City of Lynwood under the American Rescue Plan Act of 2021 (ARPA); and WHEREAS, on April 19, 2022, the Lynwood City Council approved a Commercial Façade Grant Program and the appropriation of ARPA funds for program implementation; and
WHEREAS, on July 25, 2022, the City Manager authorized the execution of a Professional Services Agreement for the period July 25, 2022 to June 30, 2023 (“Master Agreement”) at a not-to-exceed amount of $25,000; and WHEREAS, the City approved consultant will provide administrative services to for the commercial façade program to all qualifying property owners and businesses for community enhancement along and beautification of the high- need commercial corridors in the City; and
WHEREAS, on May 2, 2023, the City Council approved Amendment No.1 to the Professional Service Agreement with Avant Garde Inc. in the amount of $170,625 to continue the administration of the program and extend the term to June 30, 2024.

A. WHEREAS, the City and the Consultant wish to extend the term of the Professional Services Agreement for the period July 1, 2023 to June 30, 2026 for the balance of funds not-to-exceed $98,400 (Aggregate total not to exceed $170,625).
.

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.
41 Section 2. The City Council further finds that the requested administrative and implementation services serve the important community purpose of improving and beautifying the commercial areas of the City.

Section 3. The City Council of the City of Lynwood authorizes the Mayor to execute the Second Amendment between the City of Lynwood and Avant Garde in a form approved by the City Attorney.

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

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED AND ADOPTED THIS 20th day of August 2024. __________________________
Jose Luis Solache, Mayor
ATTEST:
___________________________ __________________________
Maria Quinonez, City Clerk Julian Lee, Interim City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ __________________________
Noel Tapia, City Attorney Gabriel Linares, Director
Community Development
42 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 _________day of____________, 2024 and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
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 ______ day of ________________, 2024.
___________________________
City Clerk, City of Lynwood
43 44

SECOND AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT WITH AVANT GARDE INC (Commercial Façade Grant Program)
This SECOND AMENDMENT (“Second Amendment”) is made and entered into this 20th day of August, 2024 (“Effective Date”), by and between the City of Lynwood, municipal Corporation (hereinafter the "City") and Avant Garde Inc, a California Corporation (hereinafter the “Consultant or “Avant Garde”).

A. WHEREAS, on July 25, 2022, the City Manager authorized the execution of a Professional Services Agreement for the period July 25, 2022 to June 30, 2023 (“Master Agreement”) at a not-to-exceed amount of $25,000; and
B. WHEREAS, on May 2, 2023, the City Council approved Amendment No.1 to the Professional Service Agreement with Avant Garde Inc. in the amount of $170,625 to continue the administration of the program and extend the term to June 30, 2024.

C. WHEREAS, Consultant provides administrative services to for the commercial façade program to all qualifying property owners and businesses for community enhancement along and beautification of the high-need commercial corridors in the City; and
D. WHEREAS, the City and the Consultant wish to extend the term of the Professional Services Agreement for the period July 1, 2024 to June 30, 2026 for the balance of funds not-to-exceed $98,400 (Aggregate total not to exceed $170,625).

NOW, THEREFORE, the City and Consultant agree as follows:

SECTION 2. Section 3 of the Master Agreement, shall be amended to read:

TERM. The term of this Master Agreement shall terminate on June 30, 2026 (the “Termination Date”), unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Master Agreement.

SECTION 3. Except as herein modified, all other provisions of the Master Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. In case of a conflict between the terms of this Second Amendment and the terms of the Master Agreement, the terms of this Second Amendment shall strictly prevail.
45 2
IN WITNESS WHEREOF, City and Consultant have caused this Second Amendment to be executed by their duly authorized representatives as of the day and year first above written.
“Consultant or Avant Garde”
Date:______________ ________________________________
By: Lissette Montoya, Vice President
“City”

CITY OF LYNWOOD
Date:______________ _______________________________
Jose Luis Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AS TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Julian Lee, Interim City Manager 46 AGENDA STAFF REPORT

DATE:

August 20, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Mir Fattahi, MsCE, PE, Acting City Engineer
SUBJECT:

PROJECT ACCEPTANCE FOR CITYWIDE SLURRY SEAL (PHASE 3)
PROJECT FY 2023-2024 CIP PROJECT NO. 4011.68.127
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 CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FY 2023-2024 CIP PROJECT NO.4011.68.127 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:

As part of the 5-year CIP plan, the City of Lynwood implemented a citywide slurry seal program. The third phase of this four-phase program is now complete. 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.

Discussion and Analysis:

On July 18, 2023, the City awarded the contract to the lowest responsible bidder, All American Asphalt in the amount of $607,929.80. The Notice to Proceed was issued for construction to begin on September 20, 2023. Three (3) change orders were issued throughout the project.

The final date of construction was January 8, 2024.

City Council City Council Regular Meeting 47

Scope of Work:

The work encompassed by the Project consisted of the following work: citywide slurry seal, including pavement cold milling and overlay at the following locations:

Street Name
From
To
First Avenue
Josephine Street
Agnes Avenue
Imperial Highway
Fernwood Avenue
Bellinger Street
Imperial Highway
Bellinger Street
State Street
Imperial Highway
State Street
Peach Street
Imperial Highway
Peach Street
Long Beach Boulevard
Imperial Highway
Long Beach Boulevard
California Avenue
Imperial Highway
California Avenue
Birch Street
Imperial Highway
Birch Street
Los Flores Boulevard
Imperial Highway
Los Flores Boulevard
MLK Jr Boulevard
Imperial Highway
Martin Luther King Jr.

Boulevard
Stockwell Drive
Harriet Tubman Way
Bullis Road
Ernestine Street
Hulme Avenue
Lyndora Street
Ira Street
Hulme Avenue
Shirley Avenue
MLK Jr Boulevard
Le Sage Street
Stockwell Drive
Benwell Drive
Le Sage Street
Benwell Drive
Carson Drive
Lewis Road
Abbott Road
Imperial Highway
Lilita Street
Carson Drive
Bullis Road
Linden Street
Carson Drive
Bullis Road
Linden Street
Martin Luther King Jr.

Boulevard
Walnut Avenue
Lorrain Street
108
th
Street
109
th
Street
Lorrain Street
109
th
Street
110
th
Street
Lorrain Street
108
th
Street
E.O.P
Lorrain Street
112
th
Street
Fernwood Avenue
Los Flores Boulevard
State Street
Peach Street
Virginia Avenue
Martin Luther King Jr.

Boulevard
Walnut Avenue
Mulford Avenue
Long Beach Boulevard
California Avenue
Mulford Avenue
California Avenue
Birch Street
Norton Avenue
Capistrano Avenue
San Jose Avenue
Norton Avenue
San Jose Avenue
Osgood Avenue
City Council City Council Regular Meeting 48
Norton Avenue
Osgood Avenue
State Street
Norton Avenue
State Street
Barlow Avenue
Norton Avenue
Barlow Avenue
Peach Street
Norton Avenue
Peach Street
Long Beach Boulevard
Osgood Avenue
Martin Luther King Jr.

Boulevard
Norton Avenue
Penn Street
Los Flores Boulevard
Fernwood Avenue
Pluma Street
Barlow Avenue
Long Beach Boulevard
Rosewood Avenue
Alley
Abbott Road
Shirley Avenue
Elm Avenue
Linden Street

Approved Budget:

The original contract amount with All American Asphalt was in the amount of $607,929.80.

During the construction phase, staff made adjustments in the field to accommodate the discrepancies in the working conditions of the project. There were three (3) change orders issued and executed in the amount of $54,565.69. The new contract amount including change orders is $662,495.49.

In addition, $38,830 was used for the construction management/construction inspection services by Transtech Engineers and $5,000.00 for labor compliance task provided by Avant Garde Inc. Staff’s time in project management and other related cost for this project was $41,420. The total cost of this project is $747,745.49 which is under the approved budget of $900,000.

Original Contract Amount
$607,929.80
(3) Change Orders
$54,565.69
Contract Management and Inspection
$38,830.00
Labor Compliance
$5,000.00
Project Management and other costs
$41,420.00
Total Project Cost
$747,745.49

Construction began on September 20, 2023, and on January 8, 2024, All American Asphalt completed the construction of the Slurry Seal Phase 3 Project. The project is now ready for City Council City Council Regular Meeting 49
SSP3 Change Order Log.pdf
08-20-24 Slurry Seal Phase 3 Acceptance (Resolution) - PWD.docx 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 no. 4011.68.127 had an approved FY 23 Budget of $1,050,000 in Gas Tax ($277,500), SB1 ($349,000), Measure M ($111,000), Measure R ($50,000) and Prop C ($262,500). No additional funds were appropriated.

Coordinated With:

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

Description
City Council City Council Regular Meeting 50
CONTRACT CHANGE ORDERS DESCRIPTION Total
Amount
CCO 01.1
Remove and replace striping at the intersection of Imperial Highway & Martin Luther King Jr. Boulevard and Imperial Highway & Long Beach Boulevard concrete areas
$15,765.09
CCO 02.1
Remove and replace striping at First Avenue from Agnes Avenue to Josephine Street and Virginia Avenue from Martin Luther King Jr.

Boulevard to Walnut Avenue
$6,019.60
CCO 03.1 Parking T's $32,781.00
Total CCO $ 54,565.69
Orignial Contract Amount $ 607,929.80
Contract Amount with Change Orders $ 662,495.49
City of Lynwood, CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FY 2023-2024

ATTACHMENT A
51 1
RESOLUTION NO. XXXX-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FY 2023-2024 CIP PROJECT NO. 4011.68.127 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 May 22, 2023, the Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids); and
WHEREAS, the Bid opening took place in the PlanetBids platform on Thursday, June 22, 2023, at 10:00 AM (PST); and
WHEREAS, on July 18, 2023, the City awarded the contract to the lowest responsible bidder, All American Asphalt in the amount of $607,929.80; and WHEREAS, the project scope of work consisted of citywide slurry seal, including pavement cold milling and overlay at multiple locations; and WHEREAS, the construction of the Project started on September 20, 2023; and WHEREAS, there were three (3) contract change orders executed in the amount of $54,565.69; and
WHEREAS, the final date of construction was January 8, 2024, for the Citywide Slurry Seal Phase 3 FY 2023-2024 CIP Project # 4011.68.127 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 $747,745.49; and WHEREAS, the total construction budget was $900,000 in Gas Tax, SB1, Measure R, and Prop C funds; 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 of the City of Lynwood hereby finds that the above recitals are true and correct and incorporates them herein by this reference.

Section 2. That the City Council of the City of Lynwood accepts Citywide Slurry 52 2
Seal (Phase 3) Project FY 2023-2024 Project No. 4011.68.127 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 attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
(Signatures on Next Page)
53 3
PASSED, APPROVED and ADOPTED this 20th day of August 2024.

José Luis Solache
Mayor
ATTEST:

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

Noel Tapia Julian Lee
City Attorney Interim City Manager
54 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 20 th day of August 2024, 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 ofResolution No. 2024.000on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of August 2024.

Maria Quinonez, City Clerk
55 AGENDA STAFF REPORT

DATE:

August 20, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Mir Fattahi, MsCE, PE, Acting City Engineer
SUBJECT:

AWARD OF CONTRACT TO COURTNEY INC. FOR THE ROOF

RESTORATION AND REPLACEMENT AT LYNWOOD CITY HALL,

LYNWOOD COMMUNITY CENTER AND LYNWOOD SENIOR CENTER
(PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133)
Agenda Item # 8.4.

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 COURTNEY INC. FOR THE ROOF RESTORATION AND REPLACEMENT

AT LYNWOOD CITY HALL, LYNWOOD COMMUNITY CENTER AND LYNWOOD SENIOR CENTER (PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133); AUTHORIZING THE

CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE

PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS AND

APPROVING ON-CALL ENGINEERING SERVICES PROVIDER BOWMAN

INFRASTRUCTURE ENGINEERS PROPOSAL FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE PROJECT.”
Background:

As part of the City’s Fiscal Year (FY) 23-24 Capital Improvement Program (CIP) Project, the City budgeted for the roof restoration and replacement at the following three locations:

Lynwood City Hall (11330 Bullis Road), Lynwood Community Center (11301 Bullis Road), and Lynwood Senior Center (11329 Ernestine Avenue) (“Project”). Staff evaluated the existing conditions of the three (3) roofs and created a RFP. The RFP consists of providing design- build services for the restoration and replacement of the three (3) roofs.

On May 7, 2024, the City Council rejected all proposals received on April 17, 2024. The proposal cost estimates were higher than the combined FY 23-24 budgets for the three roofs.

City Council City Council Regular Meeting 56
Staff has since appropriated additional funding to the CIP projects accounts (4011.68.132 & 4011.68.133) as part of the City’s approved FY 24-25 budget.

Discussion and Analysis:

Per Public Contract Code 22170 (i), Local Agencies can solicit for services for design- build entities on “Qualification-based selection” and that price is not the sole factor as the basis of award.

On June 26, 2024, Staff uploaded to the City Website (Planetbids) soliciting proposals for the roof restoration and replacement at Lynwood City Hall, Lynwood Community Center and Lynwood Senior Center. On July 25, 2024, the proposal opening took place and staff received the following four (4) proposals:

Proposal
Proposal Amount
Courtney Inc.
$1,567,000
Best Contracting Services, Inc.
$1,693,425
Danny Letner Inc.
$1,702,000
AME Builders Inc.
$1,811,000

An analysis of the submitted firms was conducted, including a review of cost estimates, license, references, and required documents. After review, staff determined to move forward with Courtney Inc.’s proposal for the project. City staff identified that the selected contractor has previous experience working with public agencies, and can provide the requested services in a timely matter.

The scope of services provided by the contractor includes: roof repairs at the Lynwood Senior Center, roof restoration at the Lynwood City Hall, and roof removal and replacement at the Lynwood Community Center.

It is estimated that this project will take approximately sixty (60) calendar days to complete the work set forth in the specifications. Upon authorization, Staff will circulate the contract documents, set up a pre-construction meeting, and schedule work to commence.

On August 8, 2024, the City received a bid protest on the proposal submitted by Courtney Inc.

The bid protest claimed the submitted proposal to be non-responsive to the RFP. Upon review of the bid protest claim submitted, the City Attorney's office has determined that the proposal
City Council City Council Regular Meeting 57
submitted by Courtney Inc. is responsive to the RFP and has recommended the City to continue with awarding the project to the most optimal proposer.

Per Lynwood Municipal Code 6-3.15, Any proposals for master agreements in an amount exceeding $50,000 shall require City Council’s approval. Staff recommends City Council approve on-call engineering service provider Bowman Infrastructure Engineers’ proposal for Construction Management and Inspection services for the Project in the amount of $53,440.

Bowman Infrastructure Engineers’ proposal shows that they have the best experience and best value to perform this work.

Project Budget

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

Estimated Construction Cost
Construction Cost
$1,567,000.00
Contingency (10%)
$156,700.00
Construction Management/Inspection
$53,440.00
Project Management/Support (5%)
$78,434.00
Labor Compliance and Other (5.1%)
$79,426.00
Total Estimated Construction Cost
$1,935,000.00

The City’s FY 24-25 CIP budget includes $1,990,000 from 2020 Lease Revenue Bonds and Prop A funds for the following three CIP accounts:

Project Accounts
Funding Amount
Funding Source
City Hall Roof Repair (4011.68.033)
$542,000
2020 Lease
Revenue Bond
Senior Center Roof Repair (4011.68.132)
$699,000
Prop A, 2020
Lease Revenue
Bond
Lynwood Community Center Roof Repair
(4011.68.133)
$749,000
Prop A, 2020
Lease Revenue
Bond
Total Funding Available
$1,990,000
City Council City Council Regular Meeting 58
Courtney Roof Proposal City of Lynwood.pdf
Proposal for Construction management and Inspection Services for Three Roof Replacement-07-31-24.pdf
ROOF REPAIRS FOR THREE LOCATIONS Construction Contract Agreement-final.pdf Resolution - Roof Repair Award.doc
Fiscal Impact:

The City’s FY 24-25 CIP budget for this project is $1,990,000 from 2020 Lease Revenue Bonds and Prop A funds. No additional funding is needed.

Coordinated With:

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

Description
City Council City Council Regular Meeting 59

COURTNEY INC.
16781 MILLIKAN AVE, IRVINE, CA 92606 – PHONE (949) 222-2050 – FAX (949) 222-2063 CA LIC #699236–C8/C61/D12/C33/C39, NEV LIC(S): WP=#86692–C40, ROOF=#73978-C15, CONCRETE=#86448-C5 SIGNATORY UNIONS – ROOFERS, WATERPROOFERS AND SHEETMETAL; CONSTRUCTION LABORERS WWW.COURTNEYINC.COM

Rev. 7/31//23

1 ROOF PROPOSAL

Date: 7/25/2024’

Company: City of Lynwood

Attention: Purchasing Dept.

Project: City Hall – Roof Restoration
Community Center – Reroof with removal of existing
Senior Center - Roof Repairs

Address: 11301 Bullis Rd. Lynwood, CA 90262

Plans: Site Visit July 9, 2024’

Scope: Reroof – Tremco Roof Systems Spec. Sec.: 070150.73, 07516.00

Addenda: #0 Q&A: Received

SCOPE OF WORK:

Provide all labor and materials for Tremco roof systems – based upon approx. 45,000 sq.ft.

Base Bid:

- Roof replacement per specifications listed above by Courtney, Inc. - Demo completed by Klondike Construction Services, Inc.

Total Base Bid Amount: $1,567,000

60 COURTNEY INC.
16781 MILLIKAN AVE, IRVINE, CA 92606 – PHONE (949) 222-2050 – FAX (949) 222-2063 CA LIC #699236–C8/C61/D12/C33/C39, NEV LIC(S): WP=#86692–C40, ROOF=#73978-C15, CONCRETE=#86448-C5 SIGNATORY UNIONS – ROOFERS, WATERPROOFERS AND SHEETMETAL; CONSTRUCTION LABORERS WWW.COURTNEYINC.COM

Rev. 7/31//23

2 II. TERMS AND CONDITIONS:

A. Payment shall be made under the following agreement:

1. Progress payments monthly through completion of the project.

B. Disclosure Statement: State law requires us to inform you of contract liens. Any supplier or subcontractor may lien your real property if general contractor of customer fails to pay for goods or services delivered or installed at the work locatio n.

Some suppliers automatically send letters of notification similar to this note. At your request, we will provide original li en release documents from anyone who provides said materials or service. ( Please call if you have any questions regarding liens.)
C. All changes and/or additional work requested by the Contractor shall be pre -authorized in writing by a representativ e of the Contractor prior to Courtney Inc. performing said work. The amount listed on said Authorization shall increase the value of the Contract, and therefore, will constitute an APPROVED Change Order to the Contract. Payment for said Change Order(s) MUST BE PAID IN FULL once additional work is complete d. (Contractor cannot delay and is responsible for payment to Subcontractor for said -completed change order work. ) - This includes Time and Material (T&M) work performed by Courtney Inc. personnel.

D. All changes and/or additional work requested by the Owner/Contractor shall be priced based on current jurisdictional labor rates, current material costs plus sales tax, fuel surcharge if applicable, current equipment and rental equipment rates, mobilization/demobilization rates if applicable, plus a minimum of 15% mark-up on all items for OH&P.

Scope Exclusions: All other areas of work not specifically referenced herein or any unknown or unforeseen conditions. Demolition or Abatement, Surface preparation, including shot blasting or sand blasting, correction of improperly cured or finished concrete, sacking or patching, sheet metal flashing except as noted, carpentry work, concrete topping, light weight insulating concrete, slabs, plumbing, sheathing on walls, vapor barriers, temporary roof or waterproofing membrane, protection of finished roofing or waterproofing after completion, interior protection, batt insulation, fire proofing, establishing finish grade lines, rough grading or leveling, sloping for adequate drainage or elimination of ponding water except as noted, burrito drain or backfill, except as noted.

California engineering stamps, design liabilities, coring, testing and third-party consultants or inspections are also excluded.

III. INSURANCE

GENERAL LIABILITY: SUMMIT SPECIALTY INSURANCE CO - A.M. Best A VIII - 2/1/2024-2/1/2025 $2,000,000 AGGREGATE
$1,000,000 per Occurrence
Endorsements:

Addl. Insured: CG 20 10 04 13, CG 20 37 04 13
Primary & Non-Contributing Wording
Waiver of Subrogation
EXCESS LIABILITY: SUMMIT SPECIALTY INSURANCE CO. - A.M. Best A VIII - 2/1/2024-2/1/2025 Per Occurrence, Follow-Form
$5,000,000 AGGREGATE
$5,000,000 EACH OCCURRENCE
2ND LAYER LANDMARK AMERICAN INSURANCE CO – A.M. Best A++ XIV 2/1/2024-2/1/2025 $3,000,000 Each Occ/Agg
3rd LAYER FAIR AMERICAN SELECT INSURANCE CO – A.M. Best A++ XV 2/1/2024-2/1/2025 $3,000,000 Each Occ/Agg

61 COURTNEY INC.
16781 MILLIKAN AVE, IRVINE, CA 92606 – PHONE (949) 222-2050 – FAX (949) 222-2063 CA LIC #699236–C8/C61/D12/C33/C39, NEV LIC(S): WP=#86692–C40, ROOF=#73978-C15, CONCRETE=#86448-C5 SIGNATORY UNIONS – ROOFERS, WATERPROOFERS AND SHEETMETAL; CONSTRUCTION LABORERS WWW.COURTNEYINC.COM

Rev. 7/31//23

3 WORKER’S COMP: REDWOOD FIRE & CASUALTY INSUR CO - A.M. Best A++ XV 2/1/2024-2/1/2025 $1,000,000 / Statutory Limit EMR: .74
Endorsement: Waiver of Subrogation

AUTOMOBILE: EVEREST NATIONAL INSURANCE CO- A.M. Best A+, XV – 2/1/2024-2/1/2025 COMBINED SINGLE LIMIT: $1,000,000
Any Auto

POLLUTION LIABILITY EVANSTON INSURANCE CO . – A.M. Best A XV – 2/1/2024-2/1/2025 $3,000,000 EACH OCCURRENCE & AGGREGATE
Mold Coverage

DEDUCTIBLE: Liability Deductible: $10K

NOTES: ALL OTHER INSURANCE REQUIREMENTS NOT MENTIONED ABOVE MUST BE DISCUSSED WITH COURTNEY INC. PERSONNEL AT TIME OF BIDDING.

IV. BOND INFORMATION
SURETY COMPANY: LIBERTY MUTUAL INSURANCE COMPANY - A.M. BEST: A, XV Per Project Bond Limit: $20,000,000
Aggregate Limit: $35,000,000

Bond Rate = 2.5% (included in bid) / (5yr – 2.8%)

Important Note: 2.5% rate includes up to two (2) year labor warranty pertaining to the bond. When the duration of the specified WARRANTY, for applicator/installer exceeds two (2) years, the following clause shall be included in Subcontract Agreement:

“THE OBLIGATION OF SUBCONTRACTOR’S SURETY COMPANY, PER ALL

WARRANTIES FOR DEFECTIVE WORKMANSHIP AND MATERIALS, IS
LIMITED TO TWO (2) YEARS.”

Variance cost to bonding clause for labor warranty greater than two (2) years. 3rd year = 2.6%, 4th year = 2.7%, 5th year = 2.8%. Bonds shall not exceed 5 years (PLEASE NOTE: The manufacturer and installer will provide all warranties (if applicable and available) per subcontract agreement /specifications

The proposal is good for thirty (30) days from the date above at which time Courtney Inc. will reserve the right to adjust pricing due to increases in material and labor costs.

Should you have any questions concerning the proposed scopes of work or the conditions above, please do not hesitate to contact me at 949-222-2050 x-133

Respectfully,
Daniel Ammann
Project Manager/Estimator
Courtney Inc.

62 1
July 31, 2024
Julian Lee,
Public Works Director
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Re: Proposal for Construction management and Inspection Services for Three Roof Renovation and Replacement Projects
Dear Mr. Lee:

We are pleased to submit this Proposal to provide Construction management and Inspection Services for Three Roof Replacement Projects for the City of Lynwood. The proposal is prepared in accordance with the original email by the City of Lynwood dated 7/26/2024 including the attached RFP dated 6/26/2024.

Upon verbal or written direction to proceed with performance of the services described herein, this Proposal, along with all attachments thereto, will constitute a binding agreement (the “Agreement”) between Bowman Infrastructure Engineers Ltd. d/b/a Infrastructure Engineers , a Bowman Company (“Infrastructure Engineers”) and the City of Lynwood (the “Client”).

PROPOSAL ASSUMPTIONS AND PROJECT UNDERSTANDING
It is our understanding that the City of Lynwood have already chosen the contractor to perform the roof replacement of the three locations per requirement outlined in the RFP dated 6/26/24 and their proposal dated 7/25/24. The contractor will be awarded to start the work for a period of 60 calendar days (40 working days) as stated in the City’s email dated 7/26/2024.

It is assumed that the requested proposal is for inspection services only for the above-mentioned duration and no other services is currently required. Any other services included but not limited to the additional working days requested by the City will be based on Time and Material in accordance with the attached Hourly Rate Schedule in attachment “B”. All the additional services will be submitted to the City for approval in advance of performing the said work.

In addition to our proposed inspector, we will be utilizing the in-depth knowledge of, the city’s water system by our water manger, Jose Molinas who used to work in the City of Lynwood Utility Department.

Standard of Care - Services provided by Infrastructure Engineers under this proposal will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession practicing under similar circumstances, including standard of care at the time the services were provided. 63 2

SCOPE OF SERVICES AND FEES

The scope of the services includes construction management and inspection services for the replacement of roofs at the City of Lynwood’s Community Center, City Hall and the Senior Center buildings. The project duration is estimated to be 60 Calendar days. The scope of the project includes construction management and inspection services for replacement of roofs at the Lynwood’s Community Center, Lynwood City Hall and Senior Center in compliance with the project plans and specifications. This is a design/build delivery method project, and the scope of services includes plan review, management of design, construction management and inspection on all the work activities including project close outs.

All work must be completed by October 30, 2024. Scope of services include the following tasks:

1. Arrange and conduct the Kick-off meeting with the design/builder (Contractor,) Tremco representatives and all stakeholders.

2. Review all the plans and specifications prepared by the Contractor.

3. Field visits on all 3 locations.

4. Review and approve the construction schedule, materials and the Contractor’s work plans for each building.

5. Review the structural loading calculations by the Contractor.

6. Review the safety plans and traffic control.

7. Review and approve all submittals related to the 3 roofing projects.

8. Conduct the pre-construction meeting with the Contractor.

9. Provide inspection reports and documentation.

10. Review of certified payrolls.

11. Provide coordination for protection of the City Staff and the Public, during Construction activities.

Infrastructure Engineers Hourly Rate Schedule is attached hereto and incorporated into this Proposal by reference. Compensation for the above tasks is based on a 60 Calendar Days (40 Working Days) for a total of $53,440 as detailed in the table below:

Although project management and administration are not part of the scope of the works but should the City of Lynwood request project management assistance, IE/Bowman can utilize the CMIS project management system, to keep track of submittals, RFIs, daily logs and activities. IE/Bowman team will also keep track of the contractor’s performance and schedule for the delivery of the project.

EXCLUSIONS

The following services are specifically excluded from the scope of this agreement and may be performed as contract addendums upon request:

TASK HOURS RATES TOTAL
Construction Manager 40 188 $7,520
Inspector 320 130 $41,600
Project Administrator 40 108 $4,320
TOTAL: $53,440
64 3

• Items not specifically delineated in Scope of Services. • Material Testing
• Additional working days above and beyond 60 Calendar Days (40 Working Days)

OTHER TERMS

This proposal is based on the scope of services indicated herein and the information available at the time of the proposal preparation. If any additional services are required due to unforeseen circumstances and/or conditions, Client or regulatory requeste d revisions, additional meetings, regulatory changes, etc., Infrastructure Engineers will notify the Client that additional scope of work and fees are required and will obtain the Client’s written approval prior to proceeding with any additional work.

Infrastructure Engineers’ Standard Terms and Conditions and Hourly Rate Schedule are attached hereto and incorporated into this Proposal by reference. (see attachment “B”)

Please indicate your acceptance of this proposal by executing below and returning a copy to this office .

Thank you for the opportunity to provide services to the City of Lynwood.

Sincerely,
BOWMAN INFRASTRUCUTRE ENGINEERS LTD.

For Masoud Sepahi, PE, LEED GA
Director of Municipal Engineering & Construction Management Services

The City of Lynwood hereby accepts all terms and conditions of this Proposal (including the Standard Terms and Conditions) and authorizes Infrastructure Engineers to proceed with the Project , and the undersigned represents that he or she is authorized by the City of Lynwood to so execute this Proposal.

City of Lynwood

By:
(Signature)
Printed Name:

Title:

Date:

65 4

Attachment “A”
City’s RFP

66 CITY OF LYNWOOD, CALIFORNIA

REQUEST FOR PROPOSAL

FOR DESIGN BUILD SERVICES FOR

ROOF RESTORATION AND REPLACEMENT
AT

LYNWOOD COMMUNITY CENTER

LYNWOOD CITY HALL
AND

LYNWOOD SENIOR CENTER
Issue Date: Wednesday, June 26, 2024
Proposals Due By: July 25, 2024, at 2:00 PM
67

CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL (“RFP”)

ROOF RESTORATION AND REPLACEMENT
The City of Lynwood (“City”) is issuing this Request for Proposals (“RFP”) to solicit design-build proposals from firms for the design and construction of three roofs of Lynwood Community Center , Lynwood City Hall and Senior Center as described below. The RFP also requires a mandatory site job walk.

All contractors shall meet at the Community Center and then go to others ones from there.

Location and
Type of Treatment: Low slope roof Replacement
Lynwood Community Center – Roof Replacement
(11301 Bullis Road, Lynwood CA, 90262)
Lynwood Senior Center – Roof Replacement
(11329 Ernestine Avenue, Lynwood CA, 90262)
Lynwood City Hall – Roof Replacement
(11330 Bullis Road, Lynwood CA, 90262)
Description of RFP:

The City of Lynwood is seeking a proposal from qualified firms to perform the design and construction of Lynwood Community Center, Lynwood City Hall and Senior Center roofs in the City as shown above and in compliance with specifications attached as appendices.

Scope of Work:

The successful firm will prepare a complete set of specifications for each roof, utilizing the initial requirements contained in appendices, for review and approval by city staff, obtain a no-fee permit from the city’s Building and Safety Division and Public Works Department, and restore or reconstruct the roof as described below.  Lynwood Community Center – Roof Replacement
 Lynwood City Hall – Roof Replacement
 Lynwood Senior Center - Roof Replacement
68

The contractor will provide adhered thermoplastic PVC roofing system on metal deck, including:

Roof insulation, roof insulation cover board, and Walkway material.

Construction Schedule:

The roofs construct ion at Senior Cente r and Community Center shall be completed by October 30, 2024.

Please ensure that all cons truction, tasks, and deliverables are completed by October 30, 2024.

Project Schedule:

RFP Issue Date: Wednesday, June 26, 2024
Mandatory Site Walk Date: Tuesday, July 9, 2024 at 2:00 PM Questions Submissions due on PlanetBids: Monday, July 15, 2024 at 2:00 PM.

Response Release Date on PlanetBids: Wednesday, July 17, 2024, at 2:00 PM.

Deadline to Submit Proposal on PlanetBids: Thursday, July 25, 2024, at 2:00 PM.

Tentative Council Award Date: Tuesday, August 6, 2024.

A proposal received after the deadline will not be opened or considered.

Contractor License Classification: The contractor shall possess a valid and unexpired Class “A” General Engineering Contractor License approved by the state of California Contractors State License Board at the time of submitting proposal.

Obtaining a Copy of RFP: A copy of the RFP, subsequent addenda, and notices to the RFP are available on the PlanetBids online platform. The website address is:
https://pbsystem.planetbids.com/portal/39486/portal-home Selection Procedure:

Criteria for evaluation of proposals may include, but need not be limited to, the following:

1. Responsiveness and comprehensiveness of proposal.

2. Firm/assigned personnel’s experience with the City of Lynwood and other public agencies.

3. Quality of previous work performed by the firm.

4. Resources and fee, as total value, required to perform the requested services.

5. References.

Right to Reject Proposals:
69

The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract wil l be awarded pursuant to this Request for Proposal, or otherwise.

All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost of obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City.

Submission of Proposal: Proposer is required to sub mit their proposal as an “ebid” through the PlanetBids online platform.

Proposals shall include relevant past work summary, references, and any additional firms that will be providing services to the city on behalf of the proposer.

It is the proposer’s responsibility to ensure that the most complete and current version of solicitation, including addenda, has been downloaded.

Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments.

State of California prevailing wages are required on this project.

DIR Requirements: This is a prevailing wage project and current DIR documentation must be provided. Please review Appendix A: Labor Code and Appendix B:

Department of Industrial Relations (DIR) Contractor Registration Number Form and submit with proposal.

Contact: If you have any questions regarding this RFP, please contact Mir Fattahi, PE, Acting City Engineer by email at [email protected].

Attachments:
- Exhibit A: Requirements for all Lynwood Roofs
- Exhibit B: Roofing details
- Appendix A: Labor Code
- Appendix B: Department of Industrial Relations (DIR) Contractor Registration Number Form
70

Exhibit A

REQUIREMENTS FOR

ALL LYNWOOD ROOFS
71

GENERAL

2.1 SUMMARY
A. Section Includes:

1. Adhered thermoplastic PVC roofing system on metal deck, including:

2. Roof insulation.

3. Roof insulation cover board.

4. Walkway material.

2.2 DEFINITIONS
A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in applicable edition of NRCA's "The NRCA Roofing Manual:

Membrane Roof Systems" for definition of terms related to roofing work in this Section.

2.3 PREINSTALLATION MEETINGS
A. Pre-installation Roofing Conference: Conduct conference at Project site.

1. Meet with Owner, Owner’s insurer if applicable, testing and inspecting agency representative, roofing Installer, roofing system manufacturer's representative, and installers whose work interfaces with or affects roofing, including installers of roof accessori es and roof -mounted equipment.

2. Review drawings and specifications.

3. Review methods and procedures related to roofing installation, including manufacturer's written instructions.

4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.

5. Examine substrate conditions and finishes for compliance with requirements, including flatness and fastening.

6. Review structural loading limitations of roof deck during and after roofing.

7. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system.

8. Review temporary protection requirements for roofing system during and after installation.

9. Review roof observation and repair procedures after roofing installation. 72

2.4 ACTION SUBMITTALS
A. Product Data: For each type of product indicated.

B. Wind Uplift Resistance Submittal: For roofing system, indicating compliance with wind up lift performance requirements.

2.5 INFORMATIONAL SUBMITTALS
A. Contractor's Product Certificate: Submit certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents.

B. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article.

1. Submit evidence of compliance with performance requirements.

A. Include: UL listing certificate.

2. Product Compatibility: Indicate manufacturer has verified compatibility of roofing system components, including but not limited to: Roofing membrane, flashing sheets, adhesives, and sealants.

A. Warranties: Unexecuted sample copies of special warranties.

B. Inspection Reports: Reports of Roofing Inspector. Include weather conditions, description of work performed, tests performed, defective work observed, and corrective actions taken to correct defective work.

3. Submit reports within 48 hours after inspection.

2.6 CLOSEOUT SUBMITTALS
A. Executed copies of warranties.

B. Maintenance Data: To include in maintenance manuals.

2.7 QUALITY ASSURANCE
A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of five years' experience installing products comparable to those specified, able to communicate verbally with Contractor, Owner's Consultant, and employees, and qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified.

B. Manufacturer Qualifications: Approved manufacturer listed in this Section, UL listed for roofing systems comparable to that specified for this Project, with minim um five years' experience in manufacture of thermoplastic roof membrane products in successful use in similar applications. 73

1. Substitutions following award of contract are not allowed except as stipulated in Division 01 General Requirements.

2. Approved manufacturers must meet separate requirements of Submittals Article.

C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following:

1. An authorized full-time technical employee of the manufacturer.

2. An independent party certified as a Registered Roof Observer by the International Institute of Building Enclosure Consultants (formerly the Roof Consu ltants Institute) retained by the Contractor or the Manufacturer and approved by the Manufacturer.

D. Manufacturer's Installation Instructions: Obtain and maintain on-site access to manufacturer's written recommendations and instructions for installation of products.

2.8 DELIVERY, STORAGE, AND HANDLING
A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, approval or listing agency markings, and directions for storing and mixing with other components.

B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight.

1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life.

C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation.

D. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck.

2.9 PROJECT / FIELD CONDITIONS
A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according t o manufacturer's written instructions and warranty requirements.

B. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.
74

1. Provide tie-offs at end of each day's work to cover exposed roofing and insulation with a course of roofing sheet securely in place with joints and edges sealed.

2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing.

3. Remove temporary plugs from roof drains at end of each day.

4. Remove and discard temporary seals before beginning work on adjoining roofing.

3.1 WARRANTY
A. Manufacturer's Warranty: Roof System Manufacturer's standard form in which Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period, as follows.

1. Form of Warranty: Manufacturer's standard warranty form.

2. Scope of Warranty: Work of this Section and including sheet metal details and termination details installed by the roof system Installer and approved by the Roof System Manufacturer.

3. Warranty Period: 20 years from date of completion.

B. Manufacturer Inspection Services: By manufacturer's technical representative, to report maintenance responsibilities to Owner necessary for preservation of Owner's warranty rights. The cost of manufacturer's inspections is included in the Contract Sum.

1. Inspections to occur in following years: 2, 5, 10, & 15 following completion.

C. Installer Warranty: Installer's warranty signed by Installer, as follows.

1. Form of Warranty: Form acceptable to Roofing Manufacturer and Owner.

2. Scope of Warranty: Work of this Section.

3. Warranty Period: 2 years from date of completion.
75

PRODUCTS

4.1 MANUFACTURERS
A. Basis of Design: The roof system specified in this Section is based upon products of Tremco CPG Inc, Beachwood, OH, (800) 562-2728, www.tremcoroofing.com that are named in other Part 2 articles. Provide specified products or pre-approved equivalents.

A. Source Limitations: Obtain components for roofing system from same manufacturer as membrane roofing or manufacturer approved by membrane roofing manufacturer.

5.1 PERFORMANCE REQUIREMENTS
A. General Performance: Installed membrane roofing and base flashings shall withstand specified uplift pressures, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Membrane roofing and base flashings shall remain watertight.

1. Accelerated Weathering: Roofing system shall withstand 10,000 hours of exposure when tested according to ASTM G152, ASTM G154, or ASTM G155.

2. Impact Resistance: Roof membrane sh all resist impact damage when tested according to ASTM D3746/D3746M, ASTM D4272/D4272M, or the "Resistance to Foot Traffic Test" in FM Approvals 4470.

B. Flashings and Fastening: Provide base flashings, perimeter flashings, detail flashings and component mate rials and installation techniques that comply with requirements and recommendations of the following:

1. FM Global 1-49: Loss Prevention Data Sheet for Perimeter Flashings.

2. FM Global 1-29: Loss Prevention Data Sheet for Above Deck Roof Components.

3. NRCA Roofing Manual (Sixth Edition) for construction details and recommendations.

4. SMACNA Architectural Sheet Metal Manual (Seventh Edition) for construction details.

A. Exterior Fire-Test Exposure: ASTM E108, Class A; for application and roof slopes indicated, as determined by testing identical me mbrane roofing materials by a qualified testing agency.

Materials shall be identified with appropriate markings of applicable testing agency.

B. Energy Performance: Roofing system shall have an initial solar reflectance index of not less than 0.70 and an emissivity of not less than 0.75 when tested according to CRRC-1.

6.1 MATERIALS, GENERAL
A. Material Compatibility: Roofing materials shall be compatible with one another and adjacent materials under conditions of service and application required, as demonstrated by roof membrane manufacturer based on testing and field experience. 76

6.2 THERMOPLASTIC MEMBRANE MATERIALS
A. PVC Roof Membrane:

1. Thermoplastic PVC/TPA sheet, internally fabric reinforced and fleece backed, Energy Star qualified, CRRC listed, and California Title 24 Energy Code compliant, ASTM D4434 Type IV. a. Basis of design product: Tremco, TPA FB Single Ply Roof Membrane. b. Tensile Strength at 0 deg. F (-18 deg. C), minimum, ASTM D751: 350 lbf/in (1550 N). c. Tear Strength at 77 deg. F (25 deg. C), minimum, ASTM D751: 100 lbf (440 N). d. Elongation at 0 deg. F (-18 deg. C), minimum at fabric break, ASTM D751: 35 percent machine direction, 33 percent cross-machine direction.
e. Minimum Thickness, nominal, ASTM D751: 0.060 in (1.5 mm). f. Color: White.
g. Solar Reflectance Index (SRI), ASTM E1980: 108 (White, initial); 84 (White, 3-year aged). h. Recycled Content, minimum: 25 percent pre-consumer.

B. Sheet Flashing: Manufacturer's standard, smooth -backed, sheet flashing of same ma terial, type, reinforcement, thickness and color as KEE roof membrane.

7.1 AUXILIARY ROOFING MATERIALS
A. General: Auxiliary membrane roofing materials recommended by roofing system manufacturer for intended use, and compatible with membrane roofing.

1. Liquid-type auxiliary materials shall comply with VOC limits of authorities having jurisdiction.

B. Membrane Bonding Adhesive:

1. Bonding adhesive, water -based low-VOC, for bonding TPA fleece -backed and TPO fleece - backed single ply membranes and flashings to substrates. a. Basis of design product: Tremco, Fleece Back WB Single Ply Bonding Adhesive. b. VOC, maximum, ASTM D3960: 178 g/L.

C. Flashing Membrane Adhesive:

1. Bonding adhesive, contact-type solvent-based low VOC, for bonding TPA non-fleece-backed single ply membranes and flashings to substrates.
a. Basis of design product: Tremco, TPA LV Single Ply Bonding Adhesive. 77

b. VOC, maximum, ASTM D3960: 200 g/L.

D. Metal Termination Bars: Manufacturer's standard, predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch (25 mm by 3 mm) thick; with anchors.

E. Metal Battens: Manufacturer's standard, aluminum -zinc-alloy-coated or zinc -coated steel sheet, approximately 1 inch wide by 0.05 inch (25 mm wide by 1.3 mm) thick, prepunched.

F. Fasteners: Factory -coated steel fastener s and metal plates complying with corrosion - resistance provisions in FM Approvals 4470, designed for fastening components to substrate, and acceptable to membrane roofing system manufacturer.

G. Joint Sealant: Elastomeric joint sealant compatible with roofing materials, with movement capability appropriate for application.

1. Joint Sealant, Polyurethane: ASTM C920, Type S, Grade NS, Class 50 single -component moisture curing sealant, formulated for compatibility and use in dynamic and static joints; paintable.
a. Basis of design product: Tremco, TremSEAL Pro.
b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 40 g/L. c. Hardness, Shore A, ASTM C661: 40.
d. Adhesion to Concrete, ASTM C794: 35 pli.
e. Tensile Strength, ASTM D412: 350 psi (2410 kPa).
f. Color: White.

H. Metal Coating: ASTM D 6083, solar-reflective acrylic elastomer emulsion coating.

I. Rubber Blocks: 100% rubber blocks with steel channels and reflective strips designed for supporting conduit.

J. Prefabricated Pipe Flashings: As recommended by roof membrane manufacturer.

K. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T -joint covers, lap sealants, termination reglets, and other accessories.

8.1 ROOF INSULATION MATERIALS
A. General: Preformed roof insulation boards manufactured or approved by roofing manufacturer, selected from insulation manufacturer's standard sizes, suitable for application, and of thicknesses indicated.

1. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated, not less than two times the roof slope. 78

B. Roof Insulation: Provide roof insulation product in thicknesses indicated in Part 3 as follows:

1. Board Insulation, Polyisocyanurate: CFC- and HCFC- free, with recycled content glass -fiber mat facer on both major surfaces, ASTM C1289 Type II Class 1. a. Compressive Strength, ASTM D1621: Grade 2: 20 psi (138 kPa). b. Conditioned Thermal Resistance at 75 deg. F (24 deg. C): 14.4 at 2.5 inches (50.8 mm) thick.

9.1 ROOF INSULATION ACCESSORIES
A. Cover Board:

1. Gypsum panel, glass-mat-faced, primed, ASTM C1177/C1177M. a. Basis of design product: Tremco/GP Gypsum DensDeck Prime. b. Thickness: 1/2 inch (12 mm).

B. Roof Insulation Adhesive:

1. Urethane adhesive, bead-applied, low-rise two-component solvent-free low odor, formulated to adhere roof insulation to substrate.
a. Basis of design product: Tremco, Low Rise Foam Insulation Adhesive. b. Flame Spread Index, ASTM E84: 10.
c. Smoke Developed Index, ASTM E84: 30.
d. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 0 g/L. e. Tensile Strength, minimum, ASTM D412: 250 psi (1720 kPa). f. Peel Adhesion, minimum, ASTM D903: 17 lbf/in (2.50 kN/m). g. Flexibility, 70 deg. F (39 deg. C), ASTM D816: Pass.

C. Insulation Cant Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board.

D. Tapered Edge Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board.

E. Substrate Joint Tape: 6- or 8-inch- (150- or 200-mm-) wide, coated, glass fiber.

A. Insulation Fasteners: Factory -coated steel fasteners and metal plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening roof insulation and cover boards to substrate, and acceptable to roofing system manufacturer.

10.1 WALKWAY MATERIALS
A. Walkway / Protection Mat Material:
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1. Walkway roll, reinforced PVC/TPA membrane roll with serrated slip -resistant surface, fabricated for heat welding to compatible PVC/TPA membrane surface. a. Basis of design product: Tremco, TPA Walkway Roll.
b. Roll Size: 36 inches by 60 foot (914 mm by 18.3 m).
c. Thickness / Color: Gray, 0.072 inch (2 mm).
d. Tensile, Grab ASTM D751: 200 lbf (890 N).
e. Tear Strength, Tongue : 45 lbf (200N).
f. Low Temp Flex: -40 deg F. (-40 deg C.).

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EXECUTION

11.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system:

1. Verify that roof openings and penetrations are in place and curbs are set and braced and that roof drain bodies are securely clamped in place.

2. Steel Roof Deck:
a. Verify that deck is securely fastened and properly supported with no projecting fasteners and with no adjacent units in excess of 1/16 inch (1.6 mm) out of plane relative to adjoining deck.

3. Verify that existing substrate is sound and dry.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

11.2 PREPARATION
A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections.

B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof -drain plugs when no work is taking place or when rain is forecast.

C. Build new curbs for HVAC units currently on sleepers/ supports.

D. Remove existing EPDM expansions on sheet meal pans and install new PVC membrane to replace.

E. Raise curbs lower than 6” off the finished roof surface. Install new 24 gauge sheet metal pans.

F. Seal all duct, pan, HVAC to pan, and other sheet metal seams with acrylic s ealer and polyester reinforcement. Surface all galvanized metal and roof rings and screens with metal coating system.

Properly prepare and prime surfaces prior to coating.

G. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system at the end of the workday or when rain is forecast.

Remove and discard temporary seals before beginning work on adjoining roofing.

11.3 INSTALLATION, GENERAL
A. Install roofing system in accordance with manuf acturer’s written instructions and approved details.

B. NRCA Installation Details: Install roofing system in accordance with applicable NRCA Manual Plates and NRCA recommendations; modify as required to comply with manufacturer's approved details and perimeter fastening requirements of FM Global references if applicable. 81

12.1 INSULATION INSTALLATION
A. Coordinate installing membrane roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday.

B. Comply with membrane roofing system and insulation manufacturer's written instructions for installing roof insulation.

C. Install insulation to match existing insulation heights.

D. Tapered Crickets: Install tapered insulation under area of roofing to conform to slopes indicated and on the high sides of all curbs.

1. Where crickets are indicated or required to provide positive slope to drain, make slope of crickets minimum of two times the roof slope.

A. Trim surface of insulation where necessary at roof drains so completed surfac e is flush and does not restrict flow of water.

B. Install insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch (6 mm) with insulation.

1. Cut and fit insulation within 1/4 inch (6 mm) of nailers, projections, and penetrations.

A. Mechanically Fastened and Adhered Insulation: Install eac h layer of insulation and secure first layer of insulation to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type.

1. Fasten first layer of insulation to resist uplift pressure at corners, perimeter, and field of roof.

2. Set each subsequent layer of insulation in ribbons of bead-applied insulation adhesive, firmly pressing and maintaining insulation in place.

B. Cover Boards: Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches (150 mm) in each direction. Loosely butt cover boards together.

1. Secure cover boards to resist uplift pressure at corners, perimeter, and field of roof.

2. Adhere cover boards by setting in ribbons of bead-applied insulation adhesive, firmly pressing and maintaining cover board in place.

13.1 ADHERED MEMBRANE ROOFING INSTALLATION
A. Adhere membrane roofing over area to receive roofing and install according to membrane roofing system manufacturer's written instructions.

A. Start installation of membrane roofing in presence of membrane roofing system manufacturer's technical personnel.
82

B. Accurately align membran e roofing and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps.

C. Water-Based Bonding Adhesive: Apply to substrate at rate required by manufacturer. Install membrane immediately into adhesive, avoiding any air entrapment; do not allow adhesive to dry.

Roll membrane into wet adhesive. Do not apply adhesive to splice area of membrane.

D. In addition to adhering, mechanically fasten membrane roofing securely at terminations, penetrations, and perimeter of roofing.

E. Apply membrane roofing with side laps shingled with slope of roof deck where possible.

F. Welded Seams: Clean seam areas, overlap membrane roofing, and hot-air weld side and end laps of membrane roofing and sheet flashings according to manufacturer's written instructions to ensure a watertight seam installation.

1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of sheet membrane.

2. Verify field strength of seams a minimum of twice daily and repair seam sample areas.

3. Repair tears, voids, and lapped seams in roofing that does not comply with requirements.

G. Spread sealant bed over deck drain flange at roof drains and securely seal membrane roofing in place with clamping ring. Install new cast iron drain screens.

14.1 BASE FLASHING INSTALLATION
A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions.

B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply to seam area of flashing.

C. Flash penetrations and field -formed inside and outside corners with cured or uncured sheet flashing.

D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation.

E. Seal top termination of base flashing with a metal termination bar and a continuous bead of joint sealant.

14.2 WALKWAY INSTALLATION
A. Flexible Walkways: Install walkway products in locations indicated. Heat weld to substrate or adhere walkway products to substrate with compatible adhesive according to roofing system manufacturer's written instructions.
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B. Install new rubber blocks to replace all wood blocks. Add additional blocks to i nsure at least one every 8 feet and support at conduit changes in direction. Install oversized walkpad sections under all blocks. Use pipe support extenders to support high conduit and provide proper slope for condensate.

14.3 FIELD QUALITY CONTROL
A. Roofing Inspector: Contractor shall engage a qualified roofing inspector to perform roof tests and inspections and to prepare test reports.

B. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion.

C. Repair or remove and replace components of membrane roofing system where inspections indicate that they do not comply with specified requirements.

D. Additional inspections, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

15.1 PROTECTING AND CLEANING
A. Protect membrane roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written repo rt, with copies to Architect and and Owner.

B. Correct deficiencies in or remove membrane roofing system that does not comply with requirements; repair substrates; and repair or reinstall membrane roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements.

C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.

END OF SECTION
Exhibit B

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Roof Details
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93 5

Attachment “B”
Schedule of Hourly Rates
94 Community Development—
Environmental & Planning
Director $195
Development Services Manager $189
Project Manager $173
Planning Manager $167
Principal Planner $163
Senior Planner $153
Associate Planner $139
Assistant Planner $129
Planning Technician $98
CEQA/NEPA Specialist $175
Environmental Specialist $170
Senior Environmental Planner $165
Environmental Planner II $155
Environmental Planner I $144
Environmental Technician $ 100
Municipal Engineering Support
Interim City Manager $220
Assistant/Deputy City Manager $197
City Engineer $178
City Traffic Engineer $169
Deputy City Engineer $169
Deputy City Traffic Engineer $161
Plan Check Engineer $178
Plan Examiner $155
CIP Manager $178
Associate Engineer $149
Engineering Associate $142
Engineering Assistant $118
Engineering Technician $106
Building & Safety
Building Official $175
Plan Check Engineer $165
Landscape Plan Checker $162
Senior Certified Access Specialist $165
Certified Access Specialist $155
Plans Examiner $145
Code Enforcement Manager $145
Code Enforcement Officer $127
Senior Building Inspector $127
Building Inspector $120
Grading Inspector $120
Counter Technician $105
2022-2023 HOURLY RATE SCHEDULE
(effective March 1, 2022)
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates.

Hourly rates and the retainer fees are subject to increases at the annual Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles County area increase rates or a 5% increase, whichever is greater, effective July 1, 2024, and all subsequent years. We will inform the city of the rate increase by April of each succeeding year. 3060 Saturn Street, Suite 250 ⚫ Brea, CA 92821 ⚫ Tel: (714) 940-0100 ⚫ Fax: (714) 940-0700 ⚫ www.infrastructure-engineers.com Principal in Charge $238
Civil Engineering/Traffic Engineering
Project Manager $185
Principal Engineer $180
Senior Engineer $170
Senior Plan Check Engineer $175
Plan Check Engineer $165
Associate Engineer $155
Assistant Engineer $145
Engineering Associate $135
Engineering Assistant $115
GIS Analyst $150
CAD Manager $135
CAD Designer $110
CAD Technician $100
Engineering Technician $105
Principal Traffic Engineer $185
Senior Traffic Engineer $170
Traffic Engineer $150
Water/Wastewater/NPDES
Senior Water Engineer $167
Water Engineer $158
Program Manager (NPDES) $168
Inspector (NPDES) $110
Environmental Scientist $105
Surveying
Project Manager $185
Plan Checker $162
(Subdivision & Survey Document)
Survey Analyst $150
Survey Crew (2-man) $236
Survey Crew $278
(2-man, prevailing wages)
Construction Management
Construction Manager $188
Resident Engineer $188
Scheduler/Controller $163
Utilities Coordinator $138
Senior PW Observer/Inspector $130
Senior PW Observer/Inspector $191
(prevailing wages)
PW Observer/Inspector $113
PW Observer/Inspector $159
(prevailing wages)
Fire Prevention
Fire Marshal $165
Fire Investigator $154
Fire Plans Examiner $143
Senior Fire Inspector $138
Fire Inspector $120
Counter Technician $93
Architectural Services
Director $200
Studio Manager $184
Senior Project Manager/ $176
Senior Architect
Project Manager/Project Architect $155
Senior Job Captain $126
Job Captain $105
Drafter $90
Program Management/Public Outreach
Program Director $184
Web Designer $150
Media Specialist $145
Program Coordinator $135
Photographer $128
Outreach Specialist $125
Interpreter/Translator $125
Production Assistant $85
Fund Administrator $138
Labor Compliance Coordinator $105
Administrative & Clerical Services
Organizer/Supervisor $108
Administrative Assistant $90
Clerk Typist $80
Other Charges
Delivery $110
Mileage (Current federal guideline
rate @ time of billing)/Mile
Travel Cost + 15%
Reimbursements Cost + 15%
City of Lynwood
95 CITY OF LYNWOOD DESIGN BUILD CONSTRUCTION AGREEMENT

FOR CONSTRUCTION OF PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133 ENTITLED “ROOF REPAIRS AND RESTORATIONS AT

LYNWOOD CITY HALL, LYNWOOD COMMUNITY CENTER, AND
LYNWOOD SENIOR CENTER”

This agreement (the “Agreement”) is made and entered into on this 20th day of August, 2024 by and between the City of Lynwood, a California Municipal Corporation ("City") and Courtney Inc., a General Contractor ("Contractor"). City and Contractor are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

R E C I T A LS

City and Contractor, based upon the mutual promises contained herein, do hereby agree as follows:

I. CONTRACT DOCUMENTS

This Agreement consists of the following Contract Documents, the terms and conditions of which are expressly incorporated as component parts of this Agreement as if herein set out in full or attached hereto:

A. Request for Proposal (“RFP”) issued June 26, 2024.

B. Addenda.

C. Contractor’s Proposal dated July 25, 2024, and all other Documents submitted in response to the RFP
D. Payment Bond.

E. Performance Bond.

F. Certificates/Proof of Insurance and Endorsements.

G. Notice to Proceed dated ______TBD________.

H. The Plans (Contract Drawings).

I General Specifications
J. Special Provisions
K. Standard Specifications for Public Works Construction, “Greenbook” latest Edition.

L. Exhibits attached to this Agreement
M. Reference Specifications.

N. Approved and Fully-Executed Change Orders.

O. 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.

96 II. CONTRACT PRICE

The City agrees to pay, and the Contractor agrees to accept as full payment for the Work outlined in the Contract Documents, the (“Contract Price”) of ONE MILLION FIVE HUNDRED SIXTY-SEVEN THOUSAND DOLLARS ($1,567,000), subject to additions and deductions, if any, made in accordance with said Contract Documents. Contractor hereby acknowledges that it shall perform the scope of work provided for in the Request for Proposal and General Specifications for the Contract Price and shall include the cost of design and construction of the project and all required bonds and insurance coverages.

Contractor shall not be entitled to any change order for work, materials, services or other administrative requirements included in the Request for Proposal. Any conflict between any provisions of this Agreement and the Contract Documents, including any exclusions contained in the Contractor’s proposal, shall be controlled by the terms of this Agreement.

Progress payments shall not be made more often than once each thirty (30) days, nor shall progress payments paid be in excess of ninety percent (95%) of the Contract Price at time of completion. Final payment to Contractor will be processed thirty-five (35) days after the City has recorded the Notice of Completion. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.

Payment of undisputed amounts due under this Agreement, including the final payment due hereunder, is contingent upon the Contractor furnishing to the City an unconditional release by the Contractor of all claims against the City arising by virtue of this Agreement related to those amounts. Disputed claims in stated amounts may be specifically excluded by Contractor from the operation of any release. No payment, final or otherwise, shall operate to release the Contractor or its sureties from obligations arising under this Agreement or the bonds and warranties furnished hereunder. No payment shall be construed as an acceptance of any of the Work or of defective or improper materials.

III. BONDS

Within ten (10) calendar days of receiving the Notice of Award and prior to Contractor’s commencement of the Work, Contractor shall furnish to City, using the forms set forth in the Contract Documents, a Labor and Materials Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price, said bonds to be in conformance with the Contract Documents, including but not limited to, the Specifications and Subsection

2.2.2 of the Special Provisions.

97 IV. INDEMNITY

Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its respective elected and appointed boards, officials, officers, agents, employees, representatives and volunteers (individually and collectively referred to hereinafter as “Indemnitees”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Agreement, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such suit, action or other legal proceeding.

Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by California Civil Code Section 2782.

This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City.

V. INSURANCE

Without limiting Contractor’s indemnification of Indemnitees as set forth in Section IV of this Agreement, Contractor shall obtain, provide and maintain, at its own expense, the types and amounts of insurance described in Exhibit E of this Agreement. Such insurance shall be in force prior to Contractor commencing any Work under this Agreement and shall remain in force for the duration of this Agreement and for any other such period as may be required herein. Contractor shall provide proof of the required insurance coverage and the endorsements specified in Exhibit F within ten (10) calendar days of receipt of the Notice of Award.

VI. INELIGIBLE SUBCONTRACTORS

In accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not perform any work under this Agreement with a subcontractor who is ineligible to perform work on a public works contract pursuant to Sections 1777.1 and 1777.7 of the California Labor Code. Contractor further acknowledges that any contract on a public works project entered into between a contractor and debarred subcontractor is void as a matter of law, and a debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works 98 contract. Any public money that is paid or may have been paid to a debarred subcontractor by a Contractor for work performed on this Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who have been allowed to work on the Project.

VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES

The Contractor shall commence the Work required by this Agreement within ten (10) calendar days of the date specified in the Notice to Proceed from the City, and shall complete all Work as specified in the Contract Documents within SIXTY (60) CALENDAR DAYS from the date in said Notice.

City and Contractor have discussed the provisions of Government Code Section 53069.85 and the damages that may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of working days allowed. Accordingly, City and Contractor agree that the sum of $1,000.00 per calendar day is a reasonable sum to assess as Liquidated Damages to City by reason of the failure of Contractor to complete the Work within the time specified.

VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861

By signing this Agreement, Contractor makes the following certification required by Section 1861 of the California Labor Code:

“I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of any Work under this Agreement.”

IX. APPRENTICES
The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations.

X. SUBSTITUTION OF SUBCONTRACTORS

The Contractor hereby agrees to reimburse the City for costs incurred by the City in the substitution of subcontractors. Where a hearing is held pursuant to the provisions of Section 4100 et seq. of the Public Contract Code by the City or a duly appointed hearing officer, the Clerk of the City of Lynwood shall prepare and certify a statement of all costs incurred by the City for investigation and conduct of the hearing, including the costs of any hearing officer and shorthand reporter appointed.

The statement shall then be sent to the Contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to the Contractor prior to the City’s acceptance of the Project. 99 XI. LICENSES

Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this Agreement shall be cause for the immediate and summary termination of this Agreement by City. Contractor shall be liable for all City's costs incurred to complete the Work under this Agreement in the event of such termination.

XII. EMPLOYMENT DISCRIMINATION PROHIBITED

Pursuant to California Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation in the performance of Work under this Agreement. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation.

XIII. PREVAILING WAGES

The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the work covered by this Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws as set forth in the foregoing statutes and in the Special Provisions of the Contract Documents.

XIV. AUTHORITY TO EXECUTE

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

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XV. ASSIGNMENT; GOVERNING LAW

This Agreement may not be assigned by Contractor, in whole or in part, without the prior written consent of the City. This Agreement and any dispute arising hereunder shall be governed by the law of the state of California.

XVI. NOTICES

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

City Contractor
City of Lynwood _______________________________
Attn: City Engineer Attn: ___________________________ 11750 Alameda Street _______________________________
Lynwood, CA 90262 _______________________________
Fax No. (310) 635-0493 Fax No.________________________

XVII. ATTORNEYS FEES

Should either Party bring any action to protect or enforce its rights under this Agreement or the Contract Documents, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorney’s fees and costs.

XVIII. WARRANTY

All Work shall be warranted by Contractor against defective workmanship and materials for a period of one (1) year form the date the Work is accepted as complete by the Lynwood City Council. The contractor shall replace or repair any such defective work in a manner satisfactory to Engineer, following notice from Engineer specifying the work to be done and the time in which replacement or repair shall be completed. If Contractor fails to make such replacement or repair within the time specified in the notice, the City may perform the needed repairs and Contractor’s sureties shall be liable for the cost thereof.

XIX. ENTIRE AGREEMENT, WAIVER AND MODIFICATION

This Agreement contains the completely final, entire, and exclusive agreement between the Parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless made in writing signed by both Parties. Any attempted modification, amendment, or alteration in violation hereof shall be void.

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IN WITNESS WHEREOF, each of the Parties hereto has caused the Agreement to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written.

CITY OF LYNWOOD CONTRACTOR

____________________________

LEGAL NAME OF FIRM

By: _____________________________ By:__________________________ Jose Luis Solache Signature of Chairman of Board, Mayor President, or Vice President

Attest:
_____________________________
(Typed/Printed Name)

By: ____________________________ _____________________________ Maria Quiñónez (Title)
City Clerk
By:___________________________
Signature of Secretary, Assistant
Approved as to Form: Secretary, CFO, or Assistant Treasurer

By: ____________________________ ______________________________ Noel Tapia (Typed/Printed Name)
City Attorney
______________________________
(Title)

[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]

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EXHIBIT A

SPECIAL PROVISIONS

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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
Exhibit A – Special Provisions
SECTION2.1 – General, TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS

2.1.1 GENERAL
The following additions/modifications are hereby made to the Standard Specifications:

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

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

2.1.1.2 Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions of the Caltrans Standard Specifications, latest Edition, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), latest Edition, as previously specified in the above Subsection 2.1.1.1.

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

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

2.1.2.2 Legal Address of the Engineer. - The official address of the Engineer shall be 11330 Bullis Road, Lynwood, California 90262, or such other address as the Engineer may subsequently designate in writing to the Contractor.

2.1.2.3 Legal Address of the Agency’s Project Representative. – The name and address of the Agency’s designated Project Representative shall be Mir 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 Definitions and Terms. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read:

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

Board – The City Council of the City of Lynwood.

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

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

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

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

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

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

Unit Price Bid Item – An item of work to which a Unit Price applies.

- END OF SECTION -
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SECTION 2.2 - SCOPE AND CONTROL OF WORK

2.2 SCOPE OF THE WORK

The project consists of design-build of the three roofs at Lynwood Community Center, Senior Center, and City Hall.

2-2.1 PERMITS.

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

Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license and shall be licensed in accordance with the State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.

2.2.2 CONTRACTOR’S SURETY WAIVER OF RIGHT OF NOTIFICATION

The following shall be added to the Standard Specifications:

"The Contractor shall ensure that its Surety is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Surety that said Surety thereby waives the right of special notification of any changes or modifications of the Agreement, or of extensions of time, or of decreased or increased Work, or of cancellation of the Agreement, or of any other act or acts by the City of Lynwood or any of its authorized representatives."

2.2.3 CHANGES INITIATED BY THE AGENCY

The following sentence shall be added to the Standard Specifications:

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

2.2.4 EXTRA WORK

The provisions of Section 2-8 of the Standard Specifications shall apply; provided that the provisions governing markup percentages for overhead and profit for extra work referenced in Subsection 2-8 and 7-4.3 Markup, Paragraph (a) Work by Contractor of the latest Edition shall be deleted in their entirety and the following substituted therefor:
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(a) Work by Contractor. The following percentages shall be added by the City to the Contractor's costs and shall constitute the markup for all overhead and profit.

1) Labor 20 percent
2) Materials 15 percent
3) Equipment rental 15 percent
4) Other items & expenditures 15 percent
5) Subcontracts (1st tier only) 5 percent
6) Lower Tier subcontractors none

To the sum of costs and markups provided for in this subsection, one percent shall be added by the City as compensation for bonding.

2.2.5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY

Subsection 2-3 of the Standard Specifications shall be deleted in its entirety and the following substituted therefor:

All temporary access or construction 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 provide, at its sole cost and expense, any testing indicated by the Contract Documents. The testing shall be performed by a company approved by the Engineer. Only initial compaction tests which produce results meeting the City’s previously specified requirements shall be at the City’s expense. All compaction testing which produces results that fail to meet the City’s previously specified requirements and all retaking of such tests shall be at the Contractor’s expense and City shall not pay Contractor any compensation therefor.

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

2.2.7 SITE EXAMINATION

The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work. The submittal of a Bid Proposal shall be conclusive evidence that the Contractor has investigated and examined the Work site and is satisfied as to the conditions to be encountered, including but not limited to, locality, uncertainty of weather and all other contingencies, and the character, quality, quantities, and scope of the Work, materials to be furnished, and all Agreement requirements which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not 108
relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.

2.2.8 FLOW AND ACCEPTANCE OF WATER

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

2.2.9 RECYCLING AND DIVERSION OF DEBRIS

The Contractor shall adhere to all provisions of Section 9-6, “Recycling and Diversion of Debris from Construction and Demolition,” of the City of Lynwood Municipal Code.

2.2.10 POLLUTION CONTROL

2.2.10.1 Water Pollution Control

The Contractor shall adhere to all provisions of Section 14-12 of the Lynwood Municipal Code: “Stormwater and Urban Runoff Pollution Control,” and the Federal Clean Water Act, including but not limited to, the National Pollutant Discharge Elimination System (NPDES) standards. The Contractor shall implement all provisions of the Storm Water Pollution Prevention Plan (SWPPP) prepared by the City. Delete the SWPPP provision if project site is less than one (1) acre.

2.2.10.2 Sound Pollution Control

The Contractor shall ensure that its operations do not exceed a noise level of 86- decibels (db) as measured at a distance of 50 feet from all its sources of operation.

2.2.10.3 Air Pollution Control

The Contractor shall adhere to all applicable rules and regulations of the California Air Resource Board (CARB) and the South Coast Air Quality Management District (SCAQMD).

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SECTION 2.3 – Control of The Work

2.3.1 SELF-PERFORMANCE.

The whole paragraph of Section 3-2 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude the Contractor’s superintendent. Any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be 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 estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid 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 subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise fully designate the 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 observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing.

In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below:
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1. Approved and Fully-Executed Change Orders

2. Agreement

3. Addenda

4. Contractor's Bid (Bid Documents)

5. Technical Provisions

6. Special Provisions

7. General Provisions of the Standard Specifications

8. Notice Inviting Bids

9. Instructions to Bidders

10. Plans (Contract Drawings)

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 the Standard Specifications:

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

2.3.4 SUBSURFACE DATA

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

Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available by the City for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS.

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

Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or

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

2.3.5 PERMANENT SURVEY MARKERS

The provisions of Subsection 3-10.1 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

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

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

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

2.3.6 SURVEY SERVICE

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

The Contractor shall hire and pay for the services of a California Licensed Land Surveyor to perform all work necessary for establishing control, construction staking, records research, and all other surveying work necessary to perform the Work; and to provide other surveying services, if required by the Contract Documents, in accordance with the 112
Land Surveyors Act. The California Licensed Land Surveyor shall be present on the site during all surveying operations and shall personally supervise and certify the surveying work.

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

2.3.7 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 have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Contract Documents, including but not limited to, the Standard Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection. The Contractor shall notify the engineer at least twenty-four (24) hours before any inspection is required.

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

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SECTION 2.4 - CONTROL OF MATERIALS

2.4.1 MATERIALS

2.4.1.1 GENERAL.

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

The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made 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 requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance.

The Contractor shall make all repairs, replacements, and restorations within thirty (30) days after the date of the City Engineer’s written notice.

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

2.4.2 TRADE NAMES OR EQUALS

2. 4 .2 . 1 Substitutions. - Paragraph 2 of Subsection 4-6 of the Standard Specifications shall be amended to read as follows:

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

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

3. In order to obtain a necessary item that is only available from one source.

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

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 contract, intends to furnish one of the brands named in these Special Provisions and the Bidder does thereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Data substantiating a request for substitution of an "or equal" item shall be submitted either with the Bid or not later than ten (10) days following the Bid opening, and will not be considered until after execution of the Agreement by all parties.

2. 4 .2 . 2 Submittals for Approval of "Or Equals." – The first sentence of Paragraph 3 of Subsection 4-6 of the Standard Specifications shall be amended to read as follows:

Should the Contractor request approval for substitution of "or equal" products, it shall, at its expense, submit data substantiating such request to the Engineer as per Subsection above. Data for approval to substitute "or equal" products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute.

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SECTION 2.5 – Legal Relations and Responsibilities

2.5.1 LABOR

2.5.1.1 General.

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

The Contractor, and all subcontractors, suppliers, and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the labor Code, as provided in Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing rates as established by the Director of 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 limit 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 insured identifying the coverage limits, dates of coverage insurance provided, and project number is required.

2.5.3 SAFETY.

2.5.3.1 Work Site Safety.

2.5.3.2 General.

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

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such 116
steps and precautions as its operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work, which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

The cost and expense of said labor and 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 full responsibility for public safety.

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SECTION 2.6 – PROSECUTION AND PROGRESS OF THE WORK

2.6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

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

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

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures.

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

2.6.2 TIME OF COMPLETION

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

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

SIXTY (60) 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 provisions Subsection 6-7 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

The Agreement may be cancelled by the City Council without liability for damages, upon the City Council’s determination that the Contractor is not complying in good faith with the terms of the Agreement, has become insolvent, or has assigned or subcontracted any part of the Work without the City Council’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Unit Prices or lump sums bid and the quantity of Work completed at the time of cancellation. Any damages sustained by the City due to acts or omissions of the Contractor 118
will be subtracted from this amount. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of the Agreement for any of the reasons specified in this paragraph. If the City declares the Agreement canceled for any of the reasons specified in this paragraph, written notice to that effect shall be served by the City via personal delivery or by certified mail (return receipt requested) upon Contractor’s Surety. The Surety shall, within five (5) working days after receiving the written notice, assume control and perform the work as successor to the Contractor.

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

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

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

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

2.6.4 DAYS DESIGNATED AS HOLIDAYS BY THE CITY OF LYNWOOD

2.6.4.1 Days Designated as Holidays by the City of Lynwood. - In accordance with the Standard Specifications, the days designated as holidays by the City are:
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New Year’s Day Independence Day
Martin Luther King’s Birthday Labor Day
César Chávez’ Birthday Thanksgiving Day
Christmas Day Memorial Day

Any holiday shown above that falls on a Sunday shall be observed the following Monday.

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

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 TIMES OF OPERATION

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

1. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools

2.6.7 NOTIFICATION

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

AT&T (310) 515-2419
City of Lynwood (310) 603-0220
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City of Lynwood Water & Sewer
Consolidated Disposal Services (trash collection)
(310) 603-0220, Ext. 800
(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 Contractor shall notify the U.S. Postal Service and trash collection company of all work areas affecting service five (5) working days prior to construction and shall coordinate the work so that these services are not interrupted.

2.6.8 CONSTRUCTION SCHEDULE

The provisions of Subsection 6-1 of the Standard Specifications shall be amended as set forth in the following Subsections:

2.6.8.1 Schedule of Work. - A schedule of Work as required under Section 6-1 of the Standard Specifications shall be provided by the Contractor at the pre- construction meeting.

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

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

2.6.8.3 Qualifications. - A statement of computerized CPM capability shall be submitted in writing prior to the award of the Contract, and shall verify that either the Contractor's organization has in-house capability to prepare and use CPM scheduling techniques, or that the Contractor will employ a CPM consulting firm who is so qualified.

2.6.8.4 Submittal Procedures. - Within twenty (20) working days of execution of the Agreement by all parties, and within ten (10) working days of the Engineer's 121
written request at any other time, the Contractor shall submit the schedule and schedule reports in the form specified herein. The Contractor, if requested by the Engineer, shall provide revised network diagrams and schedule reports if at any time the Engineer considers the completion date to be in jeopardy because of "activities behind schedule." Such additional network diagrams and reports shall include a new arrow or precedence diagram and schedule reports conforming to the requirements of Subsection 2.6.8.7 of these Special Provisions, showing how the Contractor intends to accomplish the Work to meet the completion time specified. The form and method employed by the Contractor shall be the same as that required for the initial schedule submittal.

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

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

2.6.8.7 Approved Standards. -

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

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

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

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

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

All construction activities and procurement shall be indicated in a time- scaled format and calendar scale shall be shown along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and completion days and free float time of said activity can be determined graphically by comparison with the calendar scale. All activities shall be shown using symbols that clearly distinguish between critical path activities 122
and free float for each non-critical activity. All non-critical path activities shall show estimated performance time and free float time in scaled format.

2.6.8.7.4 Duration Estimates. - The duration estimates indicated for each activity shall be computed in working days, converted to calendar days, and shown on the construction schedule in calendar days, and shall represent the single, best estimate considering the scope of the Work and resources planned for the activity. Except for certain non-labor activities, such as curing of concrete, paint drying, procurement, or delivering of materials, activity duration shall not exceed ten (10) working days [fourteen (14) calendar days] nor be less than one (1) working day, unless otherwise accepted by the Engineer.

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

1. Activity numbers (or i-j numbers)

2. Estimated activity duration

3. Activity description (including procurement items)

4. Early Start date (calendar dated)

5. Early Finish date (calendar dated)

6. Late Start date (calendar dated)

7. Late Finish date (calendar dated)

8. Status (whether critical)

9. Total Float for each activity

10. Free Float for each activity

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

1. Project name

2. Contractor name

3. Sequence or revision number or date

4. Project duration

5. Scheduled completion date

6. Date of commencement of the Work

7. Cite new completion date, if applicable

2.6.8.8 Schedule Monitoring. – At least once a month, and when specifically requested by the Engineer, the Contractor shall submit to the Engineer a computer printout of the latest updated Schedule Report for those activities that remain to be completed.

- END OF SECTION -
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SECTION 2.7 – MEASUREMENT AND PAYMENT

2.7.1 GENERAL

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

Payment for the various items of the Bid Schedule(s) shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the Work in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and costs of complying with the regulations of any public agencies having jurisdiction over Contractor or the Work, including, but not limited to, the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA).

No separate or additional payment will be made for any item that is not specifically set forth in the Bid Schedule(s), unless approved and covered by a subsequent Change Order(s) issued in accordance with the provisions of the Contract Documents and all costs for any such items shall be included in the prices named in the Bid Schedule(s) for the various appurtenant items of Work.

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

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

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

When the entire Project has been satisfactorily completed, the Contractor shall submit its final billing invoice and required detailed attachment to the Engineer for the required verification and preparation of the final estimate.
124

Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated working days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Agreement shall not constitute a waiver of liquidated damages.

Subject to the provisions of Section 22300 of the Public Contract Code, a ten percent (10%) retention will be withheld from each progress payment. All monthly invoices or payment requests, together with the required attachments detailing the number of days worked and estimates of quantities and work completed, shall be directed to and approved by the Engineer before submittal to the City for payment.

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

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

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

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

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

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

4. Establishing fire protection system.

5. Developing and installing a construction water supply per the Standard Specifications.

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

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

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

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

10. Having the Contractor’s superintendent at the job site full time as required under the Standard Specifications.

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

12. Submittal of Proposed Construction Schedule on or before the Preconstruction Conference, acceptable to the Engineer, per Subsection 6-1 of the Standard Specifications and Subsection 2.6.8 of these Special Provisions. 126

13. Submittal of detailed Preliminary Construction Schedule for the Engineer’s approval within seven (7) calendar days after the commencement date specified in the Notice to Proceed.

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

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

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

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

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

2.7.2.2 Demobilization - Measurement for payment for Demobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the Demobilization items listed herein.

Payment for Demobilization will be made at the lump sum allowance named in the Bid Schedule(s) under the Bid Item, “Demobilization,” 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 specified. The scope of the work included under the Bid Item, “Demobilization” shall include but not be limited to the following principal items:

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

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

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

5. Submit complete “AS-BUILT” plans.

6. Complete 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 of all planning, design, engineering, furnishing, and construction, and the removal and disposal of all such temporary sheeting, shoring, and bracing as a lump sum item, complete, as required under the provisions of any permits and in accordance with the requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code.

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

- END OF SECTION -
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SECTION 2.8 -- FACILITIES FOR AGENCY PERSONNEL

(NOT REQUIRED)

- END OF SECTION -
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SECTION 2.9 - CONSTRUCTION DETAILS (MATERIALS AND METHODS)

TABLE OF CONTENTS

2.9.1 General

2.9.2 Construction 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 the Standard Specifications.

2.9.2 CONSTRUCTION MATERIALS

2.9.3 CONSTRUCTION METHODS

- END OF SECTION -

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EXHIBIT B

GENERAL SPECIFICATIONS

131

REQUIREMENTS FOR

ALL LYNWOOD ROOFS
132

GENERAL

2.1 SUMMARY
A. Section Includes:

1. Adhered thermoplastic PVC roofing system on metal deck, including:

2. Roof insulation.

3. Roof insulation cover board.

4. Walkway material.

2.2 DEFINITIONS
A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in applicable edition of NRCA's "The NRCA Roofing Manual:

Membrane Roof Systems" for definition of terms related to roofing work in this Section.

2.3 PREINSTALLATION MEETINGS
A. Pre-installation Roofing Conference: Conduct conference at Project site.

1. Meet with Owner, Owner’s insurer if applicable, testing and inspecting agency representative, roofing Installer, roofing system manufacturer's representative, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment.

2. Review drawings and specifications.

3. Review methods and procedures related to roofing installation, including manufacturer's written instructions.

4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.

5. Examine substrate conditions and finishes for compliance with requirements, including flatness and fastening.

6. Review structural loading limitations of roof deck during and after roofing.

7. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system.

8. Review temporary protection requirements for roofing system during and after installation.

9. Review roof observation and repair procedures after roofing installation. 133

2.4 ACTION SUBMITTALS
A. Product Data: For each type of product indicated.

B. Wind Uplift Resistance Submittal: For roofing system, indicating compliance with wind uplift performance requirements.

2.5 INFORMATIONAL SUBMITTALS
A. Contractor's Product Certificate: Submit certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents.

B. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article.

1. Submit evidence of compliance with performance requirements.

A. Include: UL listing certificate.

2. Product Compatibility: Indicate manufacturer has verified compatibility of roofing system components, including but not limited to: Roofing membrane, flashing sheets, adhesives, and sealants.

A. Warranties: Unexecuted sample copies of special warranties.

B. Inspection Reports: Reports of Roofing Inspector. Include weather conditions, description of work performed, tests performed, defective work observed, and corrective actions taken to correct defective work.

3. Submit reports within 48 hours after inspection.

2.6 CLOSEOUT SUBMITTALS
A. Executed copies of warranties.

B. Maintenance Data: To include in maintenance manuals.

2.7 QUALITY ASSURANCE
A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of five years' experience installing products comparable to those specified, able to communicate verbally with Contractor, Owner's Consultant, and employees, and qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified.

B. Manufacturer Qualifications: Approved manufacturer listed in this Section, UL listed for roofing systems comparable to that specified for this Project, with minimum five years' experience in manufacture of thermoplastic roof membrane products in successful use in similar applications. 134

1. Substitutions following award of contract are not allowed except as stipulated in Division 01 General Requirements.

2. Approved manufacturers must meet separate requirements of Submittals Article.

C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following:

1. An authorized full-time technical employee of the manufacturer.

2. An independent party certified as a Registered Roof Observer by the International Institute of Building Enclosure Consultants (formerly the Roof Consultants Institute) retained by the Contractor or the Manufacturer and approved by the Manufacturer.

D. Manufacturer's Installation Instructions: Obtain and maintain on-site access to manufacturer's written recommendations and instructions for installation of products.

2.8 DELIVERY, STORAGE, AND HANDLING
A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, approval or listing agency markings, and directions for storing and mixing with other components.

B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight.

1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life.

C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation.

D. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck.

2.9 PROJECT / FIELD CONDITIONS
A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements.

B. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.
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1. Provide tie-offs at end of each day's work to cover exposed roofing and insulation with a course of roofing sheet securely in place with joints and edges sealed.

2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing.

3. Remove temporary plugs from roof drains at end of each day.

4. Remove and discard temporary seals before beginning work on adjoining roofing.

3.1 WARRANTY
A. Manufacturer's Warranty: Roof System Manufacturer's standard form in which Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period, as follows.

1. Form of Warranty: Manufacturer's standard warranty form.

2. Scope of Warranty: Work of this Section and including sheet metal details and termination details installed by the roof system Installer and approved by the Roof System Manufacturer.

3. Warranty Period: 20 years from date of completion.

B. Manufacturer Inspection Services: By manufacturer's technical representative, to report maintenance responsibilities to Owner necessary for preservation of Owner's warranty rights. The cost of manufacturer's inspections is included in the Contract Sum.

1. Inspections to occur in following years: 2, 5, 10, & 15 following completion.

C. Installer Warranty: Installer's warranty signed by Installer, as follows.

1. Form of Warranty: Form acceptable to Roofing Manufacturer and Owner.

2. Scope of Warranty: Work of this Section.

3. Warranty Period: 2 years from date of completion.
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PRODUCTS

4.1 MANUFACTURERS
A. Basis of Design: The roof system specified in this Section is based upon products of Tremco CPG Inc, Beachwood, OH, (800) 562-2728, www.tremcoroofing.com that are named in other Part 2 articles. Provide specified products or pre-approved equivalents.

A. Source Limitations: Obtain components for roofing system from same manufacturer as membrane roofing or manufacturer approved by membrane roofing manufacturer.

5.1 PERFORMANCE REQUIREMENTS
A. General Performance: Installed membrane roofing and base flashings shall withstand specified uplift pressures, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Membrane roofing and base flashings shall remain watertight.

1. Accelerated Weathering: Roofing system shall withstand 10,000 hours of exposure when tested according to ASTM G152, ASTM G154, or ASTM G155.

2. Impact Resistance: Roof membrane shall resist impact damage when tested according to ASTM D3746/D3746M, ASTM D4272/D4272M, or the "Resistance to Foot Traffic Test" in FM Approvals 4470.

B. Flashings and Fastening: Provide base flashings, perimeter flashings, detail flashings and component materials and installation techniques that comply with requirements and recommendations of the following:

1. FM Global 1-49: Loss Prevention Data Sheet for Perimeter Flashings.

2. FM Global 1-29: Loss Prevention Data Sheet for Above Deck Roof Components.

3. NRCA Roofing Manual (Sixth Edition) for construction details and recommendations.

4. SMACNA Architectural Sheet Metal Manual (Seventh Edition) for construction details.

A. Exterior Fire-Test Exposure: ASTM E108, Class A; for application and roof slopes indicated, as determined by testing identical membrane roofing materials by a qualified testing agency.

Materials shall be identified with appropriate markings of applicable testing agency.

B. Energy Performance: Roofing system shall have an initial solar reflectance index of not less than 0.70 and an emissivity of not less than 0.75 when tested according to CRRC-1.

6.1 MATERIALS, GENERAL
A. Material Compatibility: Roofing materials shall be compatible with one another and adjacent materials under conditions of service and application required, as demonstrated by roof membrane manufacturer based on testing and field experience. 137

6.2 THERMOPLASTIC MEMBRANE MATERIALS
A. PVC Roof Membrane:

1. Thermoplastic PVC/TPA sheet, internally fabric reinforced and fleece backed, Energy Star qualified, CRRC listed, and California Title 24 Energy Code compliant, ASTM D4434 Type IV. a. Basis of design product: Tremco, TPA FB Single Ply Roof Membrane. b. Tensile Strength at 0 deg. F (-18 deg. C), minimum, ASTM D751: 350 lbf/in (1550 N). c. Tear Strength at 77 deg. F (25 deg. C), minimum, ASTM D751: 100 lbf (440 N). d. Elongation at 0 deg. F (-18 deg. C), minimum at fabric break, ASTM D751: 35 percent machine direction, 33 percent cross-machine direction.
e. Minimum Thickness, nominal, ASTM D751: 0.060 in (1.5 mm). f. Color: White.
g. Solar Reflectance Index (SRI), ASTM E1980: 108 (White, initial); 84 (White, 3-year aged). h. Recycled Content, minimum: 25 percent pre-consumer.

B. Sheet Flashing: Manufacturer's standard, smooth-backed, sheet flashing of same material, type, reinforcement, thickness and color as KEE roof membrane.

7.1 AUXILIARY ROOFING MATERIALS
A. General: Auxiliary membrane roofing materials recommended by roofing system manufacturer for intended use, and compatible with membrane roofing.

1. Liquid-type auxiliary materials shall comply with VOC limits of authorities having jurisdiction.

B. Membrane Bonding Adhesive:

1. Bonding adhesive, water-based low-VOC, for bonding TPA fleece-backed and TPO fleece- backed single ply membranes and flashings to substrates. a. Basis of design product: Tremco, Fleece Back WB Single Ply Bonding Adhesive. b. VOC, maximum, ASTM D3960: 178 g/L.

C. Flashing Membrane Adhesive:

1. Bonding adhesive, contact-type solvent-based low VOC, for bonding TPA non-fleece-backed single ply membranes and flashings to substrates.
a. Basis of design product: Tremco, TPA LV Single Ply Bonding Adhesive. 138
b. VOC, maximum, ASTM D3960: 200 g/L.

D. Metal Termination Bars: Manufacturer's standard, predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch (25 mm by 3 mm) thick; with anchors.

E. Metal Battens: Manufacturer's standard, aluminum-zinc-alloy-coated or zinc-coated steel sheet, approximately 1 inch wide by 0.05 inch (25 mm wide by 1.3 mm) thick, prepunched.

F. Fasteners: Factory-coated steel fasteners and metal plates complying with corrosion- resistance provisions in FM Approvals 4470, designed for fastening components to substrate, and acceptable to membrane roofing system manufacturer.

G. Joint Sealant: Elastomeric joint sealant compatible with roofing materials, with movement capability appropriate for application.

1. Joint Sealant, Polyurethane: ASTM C920, Type S, Grade NS, Class 50 single-component moisture curing sealant, formulated for compatibility and use in dynamic and static joints; paintable.
a. Basis of design product: Tremco, TremSEAL Pro.
b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 40 g/L. c. Hardness, Shore A, ASTM C661: 40.
d. Adhesion to Concrete, ASTM C794: 35 pli.
e. Tensile Strength, ASTM D412: 350 psi (2410 kPa).
f. Color: White.

H. Metal Coating: ASTM D 6083, solar-reflective acrylic elastomer emulsion coating.

I. Rubber Blocks: 100% rubber blocks with steel channels and reflective strips designed for supporting conduit.

J. Prefabricated Pipe Flashings: As recommended by roof membrane manufacturer.

K. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, lap sealants, termination reglets, and other accessories.

8.1 ROOF INSULATION MATERIALS
A. General: Preformed roof insulation boards manufactured or approved by roofing manufacturer, selected from insulation manufacturer's standard sizes, suitable for application, and of thicknesses indicated.

1. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated, not less than two times the roof slope. 139
B. Roof Insulation: Provide roof insulation product in thicknesses indicated in Part 3 as follows:

1. Board Insulation, Polyisocyanurate: CFC- and HCFC- free, with recycled content glass-fiber mat facer on both major surfaces, ASTM C1289 Type II Class 1. a. Compressive Strength, ASTM D1621: Grade 2: 20 psi (138 kPa). b. Conditioned Thermal Resistance at 75 deg. F (24 deg. C): 14.4 at 2.5 inches (50.8 mm) thick.

9.1 ROOF INSULATION ACCESSORIES
A. Cover Board:

1. Gypsum panel, glass-mat-faced, primed, ASTM C1177/C1177M. a. Basis of design product: Tremco/GP Gypsum DensDeck Prime. b. Thickness: 1/2 inch (12 mm).

B. Roof Insulation Adhesive:

1. Urethane adhesive, bead-applied, low-rise two-component solvent-free low odor, formulated to adhere roof insulation to substrate.
a. Basis of design product: Tremco, Low Rise Foam Insulation Adhesive. b. Flame Spread Index, ASTM E84: 10.
c. Smoke Developed Index, ASTM E84: 30.
d. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 0 g/L. e. Tensile Strength, minimum, ASTM D412: 250 psi (1720 kPa). f. Peel Adhesion, minimum, ASTM D903: 17 lbf/in (2.50 kN/m). g. Flexibility, 70 deg. F (39 deg. C), ASTM D816: Pass.

C. Insulation Cant Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board.

D. Tapered Edge Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board.

E. Substrate Joint Tape: 6- or 8-inch- (150- or 200-mm-) wide, coated, glass fiber.

A. Insulation Fasteners: Factory-coated steel fasteners and metal plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening roof insulation and cover boards to substrate, and acceptable to roofing system manufacturer.

10.1 WALKWAY MATERIALS
A. Walkway / Protection Mat Material:
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1. Walkway roll, reinforced PVC/TPA membrane roll with serrated slip-resistant surface, fabricated for heat welding to compatible PVC/TPA membrane surface. a. Basis of design product: Tremco, TPA Walkway Roll.
b. Roll Size: 36 inches by 60 foot (914 mm by 18.3 m).
c. Thickness / Color: Gray, 0.072 inch (2 mm).
d. Tensile, Grab ASTM D751: 200 lbf (890 N).
e. Tear Strength, Tongue : 45 lbf (200N).
f. Low Temp Flex: -40 deg F. (-40 deg C.).
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EXECUTION

11.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system:

1. Verify that roof openings and penetrations are in place and curbs are set and braced and that roof drain bodies are securely clamped in place.

2. Steel Roof Deck:
a. Verify that deck is securely fastened and properly supported with no projecting fasteners and with no adjacent units in excess of 1/16 inch (1.6 mm) out of plane relative to adjoining deck.

3. Verify that existing substrate is sound and dry.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

11.2 PREPARATION
A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections.

B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast.

C. Build new curbs for HVAC units currently on sleepers/ supports.

D. Remove existing EPDM expansions on sheet meal pans and install new PVC membrane to replace.

E. Raise curbs lower than 6” off the finished roof surface. Install new 24 gauge sheet metal pans.

F. Seal all duct, pan, HVAC to pan, and other sheet metal seams with acrylic sealer and polyester reinforcement. Surface all galvanized metal and roof rings and screens with metal coating system.

Properly prepare and prime surfaces prior to coating.

G. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system at the end of the workday or when rain is forecast.

Remove and discard temporary seals before beginning work on adjoining roofing.

11.3 INSTALLATION, GENERAL
A. Install roofing system in accordance with manufacturer’s written instructions and approved details.

B. NRCA Installation Details: Install roofing system in accordance with applicable NRCA Manual Plates and NRCA recommendations; modify as required to comply with manufacturer's approved details and perimeter fastening requirements of FM Global references if applicable. 142

12.1 INSULATION INSTALLATION
A. Coordinate installing membrane roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday.

B. Comply with membrane roofing system and insulation manufacturer's written instructions for installing roof insulation.

C. Install insulation to match existing insulation heights.

D. Tapered Crickets: Install tapered insulation under area of roofing to conform to slopes indicated and on the high sides of all curbs.

1. Where crickets are indicated or required to provide positive slope to drain, make slope of crickets minimum of two times the roof slope.

A. Trim surface of insulation where necessary at roof drains so completed surface is flush and does not restrict flow of water.

B. Install insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch (6 mm) with insulation.

1. Cut and fit insulation within 1/4 inch (6 mm) of nailers, projections, and penetrations.

A. Mechanically Fastened and Adhered Insulation: Install each layer of insulation and secure first layer of insulation to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type.

1. Fasten first layer of insulation to resist uplift pressure at corners, perimeter, and field of roof.

2. Set each subsequent layer of insulation in ribbons of bead-applied insulation adhesive, firmly pressing and maintaining insulation in place.

B. Cover Boards: Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches (150 mm) in each direction. Loosely butt cover boards together.

1. Secure cover boards to resist uplift pressure at corners, perimeter, and field of roof.

2. Adhere cover boards by setting in ribbons of bead-applied insulation adhesive, firmly pressing and maintaining cover board in place.

13.1 ADHERED MEMBRANE ROOFING INSTALLATION
A. Adhere membrane roofing over area to receive roofing and install according to membrane roofing system manufacturer's written instructions.

A. Start installation of membrane roofing in presence of membrane roofing system manufacturer's technical personnel.
143
B. Accurately align membrane roofing and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps.

C. Water-Based Bonding Adhesive: Apply to substrate at rate required by manufacturer. Install membrane immediately into adhesive, avoiding any air entrapment; do not allow adhesive to dry.

Roll membrane into wet adhesive. Do not apply adhesive to splice area of membrane.

D. In addition to adhering, mechanically fasten membrane roofing securely at terminations, penetrations, and perimeter of roofing.

E. Apply membrane roofing with side laps shingled with slope of roof deck where possible.

F. Welded Seams: Clean seam areas, overlap membrane roofing, and hot-air weld side and end laps of membrane roofing and sheet flashings according to manufacturer's written instructions to ensure a watertight seam installation.

1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of sheet membrane.

2. Verify field strength of seams a minimum of twice daily and repair seam sample areas.

3. Repair tears, voids, and lapped seams in roofing that does not comply with requirements.

G. Spread sealant bed over deck drain flange at roof drains and securely seal membrane roofing in place with clamping ring. Install new cast iron drain screens.

14.1 BASE FLASHING INSTALLATION
A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions.

B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply to seam area of flashing.

C. Flash penetrations and field-formed inside and outside corners with cured or uncured sheet flashing.

D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation.

E. Seal top termination of base flashing with a metal termination bar and a continuous bead of joint sealant.

14.2 WALKWAY INSTALLATION
A. Flexible Walkways: Install walkway products in locations indicated. Heat weld to substrate or adhere walkway products to substrate with compatible adhesive according to roofing system manufacturer's written instructions.
144
B. Install new rubber blocks to replace all wood blocks. Add additional blocks to insure at least one every 8 feet and support at conduit changes in direction. Install oversized walkpad sections under all blocks. Use pipe support extenders to support high conduit and provide proper slope for condensate.

14.3 FIELD QUALITY CONTROL
A. Roofing Inspector: Contractor shall engage a qualified roofing inspector to perform roof tests and inspections and to prepare test reports.

B. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion.

C. Repair or remove and replace components of membrane roofing system where inspections indicate that they do not comply with specified requirements.

D. Additional inspections, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

15.1 PROTECTING AND CLEANING
A. Protect membrane roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and and Owner.

B. Correct deficiencies in or remove membrane roofing system that does not comply with requirements; repair substrates; and repair or reinstall membrane roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements.

C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. 145
Roof Details
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148
149
150
151
152
153
154

EXHIBIT C

CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into an Agreement dated August 20th, 2024 (referred to hereinafter as the “Agreement”) with Courtney Inc. (hereinafter designated as “Contractor” or "Principal"), for construction of,

ROOF REPAIRS AND RESTORATIONS AT LYNWOOD CITY HALL, LYNWOOD COMMUNITY CENTER, AND LYNWOOD SENIOR CENTER PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133 (hereafter referred to as the “Project”).

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

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

NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ONE MILLION FIVE HUNDRED SIXTY-SEVEN THOUSAND DOLLARS ($1,567,000), lawful money of the United States, said sum being not less than 100 percent of the total amount payable by the City under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the undertakings, terms, covenants, conditions and agreements set forth in the Agreement and any alteration thereof made as therein provided, on his/her or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers, officials, employees, authorized agents and volunteers, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought on this bond, said Surety will pay to City a reasonable attorney's fee to be fixed by the Court. 155

As a condition precedent to the satisfactory completion of the Agreement, unless otherwise provided for in the Agreement, the above obligation shall hold good for a period of one (1) year after the acceptance of the Work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Agreement, the Surety shall remedy the default pursuant to the Agreement, or shall promptly, at the City’s option:

(1) Take over and complete the Project in accordance with all terms and conditions in the Agreement; or

(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

(3) Permit the City to complete the Project in any manner consistent with California law and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to the Project or to the Work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the Project, or to the Work or to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.
156

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

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

PRINCIPAL:
(seal)
_______________________________

By ____________________________

SURETY:
(seal)
_______________________________

By ____________________________
Attorney-in-Fact

The rate of premium on this bond is ____ per thousand. The total amount of premium charged, $_______________. (These blanks must be filled in by corporate surety.)

IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended). Notary acknowledgements for Principal and Surety signatures and Power of Attorney for Surety must be attached. THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:

(Name and Address of Surety) (Name and Address of Agent/Representative in California if different)
__________________________________ ___________________________________________________ _________________________________ ___________________________________________________ (Telephone Number of Surety/Agent ___________________________________________________ Or Representative in California
157

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )

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

_____________________________________
Signature of Notary Public in and for said State

(SEAL)

My commission expires on: _____________

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

CERTIFICATE AS TO CORPORATE PRINCIPAL

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

_______________________________
Signature of Corporate Principal

158

EXHIBIT D

CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "City") has entered into an agreement dated August 20th, 2024 (referred to hereinafter as the “Agreement”) with Courtney Inc. (hereinafter designated as the "Contractor" or “Principal”), for ROOF

REPAIRS AND RESTORATIONS AT LYNWOOD CITY HALL, LYNWOOD
COMMUNITY CENTER, AND LYNWOOD SENIOR CENTER PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133.

WHEREAS, Contractor is required to furnish a bond in connection with the Agreement, and pursuant to Section 3247 of the California Civil Code.

NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the penal sum of ONE MILLION FIVE HUNDRED SIXTY SEVEN THOUSAND DOLLARS ($1,567,000), lawful money of the United States, said sum being not less than 100 percent of the total amount payable by City under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

159

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same; shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.

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

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

PRINCIPAL:
(seal)
_______________________________

By _____________________________

SURETY:
(seal)
_______________________________

By _____________________________
Attorney-in-Fact

IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended). Notary acknowledgements for Principal and Surety signatures and Power of Attorney for Surety must be attached. THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:

(Name and Address of Surety) (Name and Address of Agent/Representative in California if different) ________________________________ ___________________________________________________________ ___________________________________ ___________________________________________________________________ __________________________________ _________________________________________________________________ (Telephone Number of Surety/Agent _________________________________________________________________ or Representative in California)

160

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )

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

_____________________________________
Signature of Notary Public in and for said State

(SEAL)

My commission expires on: _____________

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

CERTIFICATE AS TO CORPORATE PRINCIPAL

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

_______________________________
Signature of Corporate Principal

(CORPORATE SEAL)
161

EXHIBIT E

INSURANCE REQUIREMENTS

162

EXHIBIT F

CERTIFICATES / PROOF OF INSURANCE

AND ENDORSEMENTS

The Contractor shall not commence any of the Work or begin any performance under the Agreement until he/she obtains, at his/her own and sole cost and expense, all required insurance as stipulated by the City. The required insurance shall be provided by the Contractor in conformance with the requirements of Exhibit E and may include the following:

 Workers' Compensation Insurance
 Commercial General Liability and Business Automobile Liability Insurance  Course of Construction or Builder’s Risk Insurance
 Flood Insurance

The insurance company or companies utilized by the Contractor shall be authorized and admitted to transact business in the State of California and to issue policies in the amounts required pursuant to the provisions of Exhibit E. All insurance required shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and shall contain the endorsements specified in Exhibit XX.

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

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

Failure to provide City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award, may result in withdrawal of award.

163

EXHIBIT G

ANTI-TRUST CLAIM

164

ANTI-TRUST CLAIM
Pursuant to Public Contract Code Section 7103.5, upon acceptance of its proposal, Contractor agrees to the following: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the State of California Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.” RESPECTFULLY SUBMITTED:
________________________________
Contractor Name
________________________________ _______________________________ Signature Address
________________________________ _______________________________ City, State, Zip Telephone (with area code)
________________________________ _______________________________ Title Date
________________________________ _______________________________ Contractor's License No. Type of License
________________________________
Federal I.D. No.
(SEAL--if Bid is by a corporation)
ATTEST ____________________________
6 165

EXHIBIT H

NON-COLLUSION AFFIDAVIT

166

NON-COLLUSION AFFIDAVIT
(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 proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from submitting a proposal; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer or to fix any overhead, profit, or cost element of the proposer price, or of that of any other proposer, 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 proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposer 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 proposal.
________________________________________
Signature
________________________________________
Typed or Printed Name
________________________________________
Title
________________________________________
Contractor / Company / Proposer Name
Subscribed and sworn to before me this ______ day of _______________________, 20____ ________________________________________
Notary Public in and for the State of California
My Commission Expires: __________________
7 167

EXHIBIT I

LABOR CODE PROVISIONS

168
92 Labor Code Section 1771
Requirement of prevailing local rate for work under contract

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

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

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

(a)

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

(2)

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

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

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

(B)

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

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

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

(C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. 169
93 (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.

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

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

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

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

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

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

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

Labor Code Section 1777.5
Employment of apprentices on public works

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

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

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

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

(2) The rules and regulations of the California Apprenticeship Council. 170
94 (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).

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

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

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

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

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

(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship 171
95 Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.

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

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

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

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

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

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

(m)

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

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

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

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

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

(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards.
172
96 (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.

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

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

Labor Code Section 1776

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

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

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

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

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

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

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

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

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

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

(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's 173
97 name, address, and social security number. The name and address of the contractor awarde d the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and socia l security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothin g in this subdivision limits any other available remedies for a violation of this chapter.

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

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

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

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

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

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

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

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

174

EXHIBIT J
CONTRACTOR’S PROPOSAL

175

ADDENDUM

By executing this Addendum, Contractor acknowledges and agrees that the work performed pursuant to the above referenced Agreement is subjected to all applicable provisions.

Payment of Minimum Compensation to Employees. Contractor shall be obligated to pay not less than the General Prevailing Wages Rate as required by applicable law.

A. Prevailing Wage Requirements. California Labor Code requires the payment of not less than the general prevailing rate of per diem wages and rates for holiday and overtime and adherence to all labor standards and regulations. The General Prevailing Wages Rates may be adjusted throughout the term of this Agreement.

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

B. Reports. Contractor shall not perform on site work on this contract until labor compliance documents are filed. Contractor agrees to cooperate with the City to fulfill its notifications requirement to the DIR, as required by DIR’s PWC-100 form or any other required form, and Contractor agrees to provide to the City the information required by the DIR, as generally set forth in Labor Code Section 1773.3. By signing this form, Contractor, and all of its subcontractors, represents that it has registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions under Labor Code section 1771.1(a)] and paid the annual fee due to the DIR, unless the Contractor meets an exception recognized by the DIR or by the law.

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

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

D. Audit Rights. All records or documents required to be kept pursuant to this Agreement to verify compliance with the Wage Requirement shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be available at CONTRACTOR’s address indicated for receipt of notices in this Contract.

176

E. Enforcement.

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

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

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

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

TO MAKE ANY PAYMENT DUE THE CONTRACTOR UNTIL

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

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

177
RESOLUTION NO. XXXX-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO COURTNEY INC. FOR THE ROOF

RESTORATION AND REPLACEMENT AT LYNWOOD CITY HALL,

LYNWOOD COMMUNITY CENTER AND LYNWOOD SENIOR CENTER
(PROJECT NOS. 4011.68.033, 4011.68.132 & 4011.68.133);

AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT
AMENDMENTS RELATED TO THE PROJECT; AUTHORIZING THE

MAYOR TO EXECUTE THE AGREEMENT AND APPROVING ON-CALL

ENGINEERING SERVICES PROVIDER BOWMAN INFRASTRUCTURE

ENGINEERS PROPOSAL FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE PROJECT
WHEREAS, the City has budgeted for the roof restoration and replacement at Lynwood City Hall (11330 Bullis Road), Lynwood Community Center (11301 Bullis Road), and Lynwood Senior Center (11329 Ernestine Avenue); and WHEREAS, staff evaluated the existing conditions of the three (3) roofs and created a Request for Proposals (RFP); and
WHEREAS, the RFP consist of providing design-build services for restoration and replacement of the three roofs; and
WHEREAS, on June 26, 2024, staff uploaded the RFP to the City Website (Planetbids); and
WHEREAS, on July 25, 2024, the proposal opening took place and staff received the following four (4) proposals:

Proposal Proposal Amount
Courtney Inc. $1,567,000
Best Contracting Services, Inc. $1,693,425
Danny Letner Inc. $1,702,000
AME Builders Inc. $1,811,000
; and
WHEREAS, an analysis of the proposers was conducted, including a review of their cost estimates, license, references, and required documents. Courtney Inc. was the selected entity for the project with a proposal amount of $1,567,000.00; and WHEREAS, on August 8, 2024, the City received a bid protest on the proposal submitted by Courtney Inc. The bid protest claimed the submitted proposal to be non- responsive to the RFP; and
WHEREAS, upon review of the bid protest claim submitted, the City Attorney's 178
office has determined that the proposal submitted by Courtney Inc. is responsive to the RFP and has recommended the City to continue with awarding the project to the most optimal proposer; and
WHEREAS, the City received a proposal from on call engineering consultant Bowman Infrastructure Engineers in the amount of $53,440 for Construction Management and Inspection services; and
WHEREAS, the estimated project cost is $1,935,000; and
WHEREAS, the City’s FY 25 CIP budget includes $1,990,000 from 2020 Lease Revenue Bonds and Prop A; and
WHEREAS, no additional funding is 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 of the City of Lynwood hereby finds that the above recitals are true and correct and incorporates them herein by this reference.

Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and Courtney Inc. in a form approved by the City Attorney in the amount of $1,567,000.00 and if an agreement cannot be reached to award the contract to the next ranked proposer.

Section 3. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders, or agreement amendments related to the Project up to the available Project Budget.

Section 4. Per the City’s amended Contracting and Purchasing Policy, the City Council of the City of Lynwood approves construction management and inspection services from on call engineering consultant Bowman Infrastructure Engineers for an amount not to exceed $53,440.

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

Section 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

See signatures on next page
179
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 20th day of August 2024. ________________________________
José Luis Solache, Mayor
ATTEST:
________________________________
Maria Quiñonez,
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________________ ________________________________ Noel Tapia, Julian Lee,
City Attorney Interim City Manager

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quiñonez, 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 20th day of August 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
180

_______________________ Date: ______________________ Maria Quiñonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Qui ňonez, 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. 2024.000 on file in my office and that said Resolution was adopted on the date and by the vote therein stated dated this 20th day of August 2024.
_______________________ Date: ______________________
Maria Quiñonez,
City Clerk
181

AGENDA STAFF REPORT

DATE:

August 20, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Mir Fattahi, MsCE, PE, Acting City Engineer
SUBJECT:

AWARD OF CONTRACT TO GREENFIELDS OUTDOOR FITNESS, INC.

FOR THE HAM PARK OUTDOOR FITNESS STATION RENOVATION
PROJECT (CIP PROJECT NO. 4011.68.122)
Agenda Item # 8.5.

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 GREENFIELDS OUTDOOR FITNESS, INC. FOR THE HAM PARK OUTDOOR FITNESS STATION RENOVATION PROJECT (CIP PROJECT NO. 4011.68.122); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND

AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT.”
Background:

As part of the City’s Fiscal Year 2024-2025 Capital Improvements Projects (CIP) Program, the City budgeted for the Ham Park Outdoor Fitness Station Renovations project. Staff evaluated the existing conditions of the outdoor fitness stations at Ham Park and created an Informal Request for Proposals (IRFP) for the removal and proper disposal of the existing outdoor fitness stations and other features such as picnic tables and grills, improving the existing floor surface, and installing new outdoor fitness equipment. On April 10, 2024, the City sent the IRFP invitation to three qualified contractors. A site visit was conducted on April 23, 2024, at 10:00 AM by the Lucy Avalos Community Center, all three (3) contractors attended the site walk.

Discussion and Analysis:

City Council City Council Regular Meeting 182
On May 22, 2024, staff received two (2) proposals from Greenfields Outdoor Fitness, Inc. and Kompan, Inc., the third contractor, Innovative Playgrounds, Co., declined to submit a proposal.

Proposal
Proposal Amount

1. Greenfields Outdoor Fitness, Inc.
$132,001.22

2. Kompan, Inc.
$199,953.05

3. Innovative Playgrounds, Co.

Declined to Submit Proposal

The scope of work includes improvements at five (5) outdoor fitness stations; improvements include but are not limited to, the removal and proper disposal of the existing outdoor fitness stations and other features such as picnic tables and grills, improving the existing floor surface, and installing new outdoor fitness equipment per contractor’s proposed design. Staff reviewed the proposals and feels confident about the proposed scope of work and pricing from Greenfields Outdoor Fitness, Inc. In addition, as required in the IRFP, the contractor has a valid license and insurance, and will comply with all safety and environmental standards. The contractor provided a detailed work plan, schedule, and cost estimate for the proposal.

It is estimated that the project will take ninety (90) calendar days to complete the work set forth in the proposal. Staff will circulate the contract documents, set up a preconstruction meeting, and schedule the work to commence.

The table below shows the estimated construction cost:

Construction Cost
$132,001.22
Contingency (15%)
$19,801.68
Construction Management & Inspection (10%)
$13,201.12
Labor Compliance (5%)
$6,600.06
Project Management (7%)
$9,395.92
Total Estimated Construction Cost
$181,
000.00

The table below shows the proposed project budget:

Ham Park Outdoor Fitness Station Renovations Project
City Council City Council Regular Meeting 183
CA - Lynwood - Yvonne Burke-John D. Ham Park_v1.pdf
Greenfield Outdoor Fitness-PO Agreement.pdf
Resolution - Ham_Park_Outdoor_Fitness_Station_Award.docx 2020 Lease Revenue Bond (9056)
$350,000.00
FY 24-25 Proposed Budget
$350,000.00

Fiscal Impact:

The Project has a proposed FY 24-25 Budget of $350,000 from 2020 Lease Revenue Bond funds. No additional appropriation is needed.

Coordinated With:

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

Description
City Council City Council Regular Meeting 184

PROPOSED FITNESS ZONE
Yvonne Burke-John D. Ham Park
Lynwood, CA
Version1 Rev1 2024-03-15
185
Index
Why Greenfields Outdoor Fitness?
It’s never been more important to get everyone in the community exercising! Since 2007, Greenfields Outdoor Fitness has led the way in creating fun, interactive exercise areas available to the public 24/7.

INTRODUCING
THE

GREENFIELDS

OUTDOOR

FITNESS
APP!
CUSTOMIZE IT!
Need to modify one of our packages
to your project’s needs? Our design
team is ready to help. Looking for
custom colors? Just let us know what
you need.

FITNESS FOR YOUR

COMMUNITY
There’s no one-size-fits-all approach
to fitness! We specialize in making
sure that everyone – from teens to
adults to seniors, and even people
in wheelchairs – can exercise on
equipment that’s suited to their
needs. By helping people overcome
the obstacles in their journey to
becoming healthier, Greenfields is
improving the quality of life for people
across the world.

PEACE OF MIND
Our industry-leading warranty
means you should expect no
out-of-pocket maintenance costs
for at least the first five years.

Greenfields’ equipment in installed
across the U.S. from Alaska to
Miami, and even overseas. In case
of any issues, our expert support
team is just a phone call away.
888-315-9037 | www.greenfieldsfitness.com
Proposed Design
Unit Selection
Project Layout
Unit Details
Signage
Installation & Maintenance
Warranty
01-08
09-13
14-17
18-23
24-25
27-28
29 see page 26 for details
186
3 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
STATION 1STATION 1
187
4 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
STATION 2STATION 2
188
5 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
STATION 3STATION 3
189
6 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
STATION 4STATION 4
190
7 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
STATION 5STATION 5
191
8 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
1 2
3 4 5
5 STATIONS
192
9 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
A
UNITS STATION 1
SGR042 2-Person Back & Arms ComboA
A
This 1 unit may serve up to 2 people at a time.
193
10 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
C
D
B
UNITS STATION 2
SGR048C
SGR048AW
SGR102
2-Person Combo Lat Pull
& Vertical Press
2-Person Accessible Chest Press
2-Person Leg Press
B
C
D
These 3 units may serve up to 6 people at a time.

B
D
C
194
11 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
G
F
E
UNITS STATION 3
SGR021
SGR091
SGR098
4-Person Lower Body Combo
Rowing Machine
Leg Extension
E
F
G
These 3 units may serve up to 6 people at a time.

F
G
E
195
12 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
H
I
UNITS STATION 4
SGR076
SGR105
6-Person Static Combo
Customized Announcement Sign
H
I
These 1 units may serve up to 6 people at a time.

H
I
196
13 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
J
J
UNITS STATION 5
SGR048E 2-Person Combo Butterfly & Re-
verse Fly
J
These 1 units may serve up to 2 people at a time.

Total 9 units may serve up to 22 people at a time.
197
14 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
< 24” CFH
8’ CFH
N/A
Maximum critical fall height (CFH) is
defined as the distance between
the designated use surface and
the surface beneath it.
198
15 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
2-Person Combo Lat Pull& Vertical PressSGR048CGreenfields Outdoor Fitness, Inc. 2-Person Accessible Chest PressSGR048AWGreenfields Outdoor Fitness, Inc. 2-Person Leg PressSGR102Greenfields Outdoor Fitness, Inc. 39'
19'
Ø5'
34'
12'-3"
6-Person Static Combo
SGR076
Greenfields Outdoor Fitness, Inc.

Customized Announcement Sign
SGR105
Greenfields Outdoor Fitness, Inc.
2-Person Back & Arms ComboSGR042Greenfields Outdoor Fitness, Inc. 17'-11"
14'-4"
2-Person Combo Butterfly & Reverse Fly
SGR048E
Greenfields Outdoor Fitness, Inc.
11'-6"
10'
11'
10'-6"
38'-7"
20'-3"
4-Person Lower Body Combo
SGR021
Greenfields Outdoor Fitness, Inc.

Rowing Machine
SGR091
Greenfields Outdoor Fitness, Inc.

Leg ExtensionSGR098Greenfields Outdoor Fitness, Inc.

DATE DRAWING # INITIALS
In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. The equipment shown in this document is a representation only; exact product ordered and shipped may differ from designs shown. Should there be a discrepancy between items listed or depicted in this document and items listed or depicted in Greenfields’ estimates and order confirmations, the information listed in estimates and order confirmations will prevail. 199
16 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. The equipment shown in this document is a representation only; exact product ordered and shipped may differ from designs shown. Should there be a discrepancy between items listed or depicted in this document and items listed or depicted in Greenfields’ estimates and order confirmations, the information listed in estimates and order confirmations will prevail. 2-Person Combo Lat Pull& Vertical PressSGR048CGreenfields Outdoor Fitness, Inc. 2-Person Accessible Chest PressSGR048AWGreenfields Outdoor Fitness, Inc. 2-Person Leg PressSGR102Greenfields Outdoor Fitness, Inc. 39'
19'
Ø5'
34'
12'-3"
6-Person Static Combo
SGR076
Greenfields Outdoor Fitness, Inc.

Customized Announcement Sign
SGR105
Greenfields Outdoor Fitness, Inc.
2-Person Back & Arms ComboSGR042Greenfields Outdoor Fitness, Inc. 17'-11"
14'-4"
2-Person Combo Butterfly & Reverse Fly
SGR048E
Greenfields Outdoor Fitness, Inc.
11'-6"
10'
11'
10'-6"
38'-7"
20'-3"
4-Person Lower Body Combo
SGR021
Greenfields Outdoor Fitness, Inc.

Rowing Machine
SGR091
Greenfields Outdoor Fitness, Inc.

Leg ExtensionSGR098Greenfields Outdoor Fitness, Inc.

DATE DRAWING # INITIALS
2-Person Combo Lat Pull& Vertical PressSGR048CGreenfields Outdoor Fitness, Inc. 2-Person Accessible Chest PressSGR048AWGreenfields Outdoor Fitness, Inc. 2-Person Leg PressSGR102Greenfields Outdoor Fitness, Inc. 39'
19'
Ø5'
34'
12'-3"
6-Person Static Combo
SGR076
Greenfields Outdoor Fitness, Inc.

Customized Announcement Sign
SGR105
Greenfields Outdoor Fitness, Inc.
2-Person Back & Arms ComboSGR042Greenfields Outdoor Fitness, Inc. 17'-11"
14'-4"
2-Person Combo Butterfly & Reverse Fly
SGR048E
Greenfields Outdoor Fitness, Inc.
11'-6"
10'
11'
10'-6"
38'-7"
20'-3"
4-Person Lower Body Combo
SGR021
Greenfields Outdoor Fitness, Inc.

Rowing Machine
SGR091
Greenfields Outdoor Fitness, Inc.

Leg ExtensionSGR098Greenfields Outdoor Fitness, Inc.

DATE DRAWING # INITIALS
2-Person Combo Lat Pull& Vertical PressSGR048CGreenfields Outdoor Fitness, Inc. 2-Person Accessible Chest PressSGR048AWGreenfields Outdoor Fitness, Inc. 2-Person Leg PressSGR102Greenfields Outdoor Fitness, Inc. 39'
19'
Ø5'
34'
12'-3"
6-Person Static Combo
SGR076
Greenfields Outdoor Fitness, Inc.

Customized Announcement Sign
SGR105
Greenfields Outdoor Fitness, Inc.
2-Person Back & Arms ComboSGR042Greenfields Outdoor Fitness, Inc. 17'-11"
14'-4"
2-Person Combo Butterfly & Reverse Fly
SGR048E
Greenfields Outdoor Fitness, Inc.
11'-6"
10'
11'
10'-6"
38'-7"
20'-3"
4-Person Lower Body Combo
SGR021
Greenfields Outdoor Fitness, Inc.

Rowing Machine
SGR091
Greenfields Outdoor Fitness, Inc.

Leg ExtensionSGR098Greenfields Outdoor Fitness, Inc.

DATE DRAWING # INITIALS
200
17 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
2-Person Combo Lat Pull& Vertical PressSGR048CGreenfields Outdoor Fitness, Inc. 2-Person Accessible Chest PressSGR048AWGreenfields Outdoor Fitness, Inc. 2-Person Leg PressSGR102Greenfields Outdoor Fitness, Inc. 39'
19'
Ø5'
34'
12'-3"
6-Person Static Combo
SGR076
Greenfields Outdoor Fitness, Inc.

Customized Announcement Sign
SGR105
Greenfields Outdoor Fitness, Inc.
2-Person Back & Arms ComboSGR042Greenfields Outdoor Fitness, Inc. 17'-11"
14'-4"
2-Person Combo Butterfly & Reverse Fly
SGR048E
Greenfields Outdoor Fitness, Inc.
11'-6"
10'
11'
10'-6"
38'-7"
20'-3"
4-Person Lower Body Combo
SGR021
Greenfields Outdoor Fitness, Inc.

Rowing Machine
SGR091
Greenfields Outdoor Fitness, Inc.

Leg ExtensionSGR098Greenfields Outdoor Fitness, Inc.

DATE DRAWING # INITIALS
In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. The equipment shown in this document is a representation only; exact product ordered and shipped may differ from designs shown. Should there be a discrepancy between items listed or depicted in this document and items listed or depicted in Greenfields’ estimates and order confirmations, the information listed in estimates and order confirmations will prevail. 2-Person Combo Lat Pull& Vertical PressSGR048CGreenfields Outdoor Fitness, Inc. 2-Person Accessible Chest PressSGR048AWGreenfields Outdoor Fitness, Inc. 2-Person Leg PressSGR102Greenfields Outdoor Fitness, Inc. 39'
19'
Ø5'
34'
12'-3"
6-Person Static Combo
SGR076
Greenfields Outdoor Fitness, Inc.

Customized Announcement Sign
SGR105
Greenfields Outdoor Fitness, Inc.
2-Person Back & Arms ComboSGR042Greenfields Outdoor Fitness, Inc. 17'-11"
14'-4"
2-Person Combo Butterfly & Reverse Fly
SGR048E
Greenfields Outdoor Fitness, Inc.
11'-6"
10'
11'
10'-6"
38'-7"
20'-3"
4-Person Lower Body Combo
SGR021
Greenfields Outdoor Fitness, Inc.

Rowing Machine
SGR091
Greenfields Outdoor Fitness, Inc.

Leg ExtensionSGR098Greenfields Outdoor Fitness, Inc.

DATE DRAWING # INITIALS201
18 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
Leg Extension
SGR098
Rowing Machine
SGR091
202
19 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
2-Person Combo Lat Pull
& Vertical Press
SGR048C
2-Person Accessible Chest Press
SGR048AW
203
20 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
4-Person Lower Body Combo
SGR021
2-Person Back & Arms Combo
SGR042
2-Person Leg Press
SGR102
2-Person Combo Butterfly &
Reverse Fly
SGR048E
204
21 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
6-Person
Static
Combo
SGR076
205
22 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
Target muscles
Secondary muscles
• Strengthens chest,
shoulders, back muscles,
upper, mid and lower
abs, forearms, biceps,
triceps, obliques
• Can be used by 6
people simultaneously
Target muscles
Secondary muscles
• Strengthens chest,
shoulders, back muscles,
upper, mid and lower abs,
forearms, biceps, triceps,
obliques
• Can be used by 6 people
simultaneously
Exercise stations:
• Dips
• Assisted Squats
• Assisted Pull Ups
• Chin/Pull Ups
• Incline Leg Raises
• Incline Sit Ups
• Leg/Knee Raises
• Parallel Pull Ups
This unit offers the following exercises:

1. Dips

2. Assisted Squats

3. Chin/Pull-Ups

4. Parallel Pull-Ups

5. Leg/Knee Raises

6. Assisted Pull-Ups

7. Incline Leg Raises

8. Incline Sit-Ups
1 2
3 4
5 6
7 8
• Strengthens upper back,
shoulders, biceps, and core
• Can be used by 3 people
simultaneously
6-PERSON

STATIC COMBO
SGR076
A Fall-Attenuating Surfacing is required for this unit. 206
23 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
Dips Assisted Squats Chin/Pull-Ups Parallel Pull-Ups
Leg/Knee Raises Incline Sit-UpsIncline Leg RaisesAssisted Pull-Ups 207
24 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
This announcement board can be used to:
• State safety guidelines
• Acknowledge project donors/sponsors
• Encourage healthy lifestyle choices
• Provide sample workouts
Customization available at no charge (text, logos, etc.)

CUSTOMIZED

ANNOUNCEMENT
BOARD SGR105

EXAMPLES OF COMPLETED SIGNS
The City of Coral Gables shall not be liable for any
personal injury to any person resulting from the use
of the exercise equipment at this facility.

The /f_itness equipment is designed for your enjoyment.

For your safety, we ask you to comply with the following:

William H. Kerdyk, Jr., and Family Park

FITNESS ZONE
2 You must be at least 14 years old to use this equipment. 1 You assume all risk and responsibility for use of the exercise equipment at this facility
3 Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.
4 Consult your physician prior to starting any physical /f_itness training program.
5 The City of Coral Gables does not provide any supervision for the use of the equipment.
6 Any potential users with known adverse health conditions should not use this equipment.
7 Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please contact [email protected] or (305)460-5600. 8 Perform exercises according to instructions on
each piece of equipment.
9 Breathe normally during physical activity.
10 Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.
11 During exercise, pay attention to how your body feels.

If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATELY. 12 Rest and recovery are important between sets and exercises.

Please allow 2 minutes of rest between exercises.
13 Keep a safe distance from exercise equipment when
in use by others.

Project name:

Don Callejon
Sign Version #5
Client:

ENGLISH

SIGN APPROV AL
I hereby approve this design for artistic layout, logo placement, content and text copy accuracy.

Name: ____________________________ Date: ___________________ Signature: __________________________________________________

FRONT FRONT
You assume all risk and responsibility for use of the exercise equipment at this facility.

You must be at least 14 years old to use this equipment.

Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.

Consult your physician prior to starting any physical fitness training program.

The City does not provide any supervision for the use of the equipment.

Any potential users with known adverse health conditions should not use this equipment.

Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please call 408-986-4820.

Perform exercises according to instructions on each piece of equipment.

Breathe normally during physical activity.

Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.

During exercise, pay attention to how your body feels. If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATELY .

Rest and recovery are important between sets and exercises. Please allow 2 minutes of rest between exercises or sessions.

Keep a safe distance from exercise equipment when in use by others.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. The fitness equipment is designed for your enjoyment. For your safety, we ask you to comply with the following:

Welcome to Your
Fitness Zone
®
™
A Complete Exercise Program Includes
3 TYPES OF ACTIVITY:

Get Active!
Try to be active every day. Even if you’ve never exercised or haven’t exercised in many years, you can benefit from fitness at any age. •
•
•
Before You Start:

Take it easy. Moderate exercise can benefit you as much as intense exercise.

Start slowly. Warm up for 5 to 10 minutes with easy stretching or brisk walking.

Read and understand all exercise instructions.

AEROBIC EXER CISE
(minimum 30 minutes a day)
• Raises your heart rate
• Uses the large muscles of
the body (arms, legs, back)
• Decreases risk of chronic
disease
• Helps you lose weight
• Increases strength
• Improves balance
• Increases bone density
• Loosens stiff joints
• Lengthens and loosens muscles

STRENGTH-BUILDIN G
(minimum 10 minutes a day)

STRETCHING
(minimum 5 to 10 minutes a day)
FITN ESS ZONE AREAS ARE A PROJECT OF THE TRUST FOR PUBLIC LAN D TO HELP COMMUNITIES G ET FIT AND STAY HEAL THY. tpl.org/fitne sszones

FITNESS
ZONE
The City of Detroit shall not be liable for any personal injury to any person resulting from the use of the exercise equipment at this facility.

The fitness equipment is designed for your enjoyment.

For your safety, we ask you to comply with the following:

Riverside Park
/F.smcp/I.smcp/T.smcp/N.smcp/E.smcp/S.smcp/S.smcp /Z.smcp/O.smcp/N.smcp/E.smcp 2 Y ou must be at least 14 years old to use this equipment. 1 Y ou assume all risk and responsibility for use of the exercise equipment at this facility
3 Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.
4 Consult your physician prior to starting any physical fitness training program.
5 The city does not provide any supervision for the use of the equipment.
6 Any potential users with known adverse health conditions should not use this equipment.
7 Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please call 313-628-0900.
8 Perform exercises according to instructions on
each piece of equipment.
9 Breathe normally during physical activity.
10 Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.
11 During exercise, pay attention to how your body feels.

If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATEL Y. 12 Rest and recovery are important between sets and exercises.

Please allow 2 minutes of rest between exercises.
13 Keep a safe distance from exercise equipment when
in use by others.

Project name:

Don Callejon
Sign Version #5
Client:

ENGLISH

SIGN APPROV AL
I hereby approve this design for artistic layout, logo placement, content and text copy accuracy.

Name: ____________________________ Date: ___________________ Signature: __________________________________________________

FRONT FRONT
You assume all risk and responsibility for use of the exercise equipment at this facility.

You must be at least 14 years old to use this equipment.

Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.

Consult your physician prior to starting any physical fitness training program.

The City does not provide any supervision for the use of the equipment.

Any potential users with known adverse health conditions should not use this equipment.

Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please call 408-986-4820.

Perform exercises according to instructions on each piece of equipment.

Breathe normally during physical activity.

Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.

During exercise, pay attention to how your body feels. If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATELY .

Rest and recovery are important between sets and exercises. Please allow 2 minutes of rest between exercises or sessions.

Keep a safe distance from exercise equipment when in use by others.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. The fitness equipment is designed for your enjoyment. For your safety, we ask you to comply with the following:

Welcome to Your
Fitness Zone
®
™
EL AREA DE LA ZONAS DE EJER CICIOS ES UN P ROYECTO DE THE TRUST FOR PUBLIC LAN D PARA AYUDAR A LAS COMUNI DADES A ADAPTARSE Y MA NTENRSE SALUDABLE. tpl.org/fitne sszones
Un programa completo de ejercicios incluye
3 TIPOS DE ACTIVIDAD:
¡Actívate!
Antes de que em pieces:
• Aumenta tu ritmo cardíaco
• Utiliza los músculos
grandes del cuerpo (brazos,
piernas, espalda)
• Disminuye el riesgo de
enfermedades crónicas
• Te ayuda a perder peso
• Aumenta masa múscular
• Fortalece los músculos
• Aumenta la densidad ósea
• Afloja las articulaciones
rígidas
• Alarga y afloja los
músculos
ESTIRAMIENTOEJERCICIO AEROBICO FORTALECER LOS MÚSCULOS
(mínimo 30 minutos al día) (mínimo 10 minutos al día) (mínimo de 5 a 10 minutos al día) •Tómalo con calma. El ejercicio moderado puede beneficiarlo tanto como el ejercicio intenso. •Comience lentamente. Calentar durante 5 a 10 minutos con estiramientos fáciles o caminatas rápidas. •Lea y comprenda todas las instrucciones de ejercicio.

ZONA DE

EJERCICIOS
Intenta estar activo todos los días. Incluso si nunca ha hecho ejercicios o no lo ha hecho en muchos años, puede beneficiarte del ejercicio físico a cualquier edad. front
frontfront
back
backback
208
25 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15

UNIT LABELS
Unit labels feature safety guidelines, exercise
instructions and more!
ADA Label included on units
from Greenfields’ Signature
Accessible™ line
L00005
209
26 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15

EXPLORE

THE GREENFIELDS

OUTDOOR

FITNESS APP

WORKOUT SCAN
Search for gyms near you. Customize your routine. Quickly find videos & more. greenfieldsfitness.com/app-download/
The Greenfields App is the perfect companion to our multigenerational outdoor gyms, giving users the ability to search for gyms near their location, explore exercises available on Greenfields units, create workouts, and log their progress.

Now available on iOS and Android.
210
27 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
211
28 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
®
© 2022 Greenfields Outdoor Fitness, Inc.

In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice.

The following document is supplied as a general inspection document to be performed during regular park inspections. Our support team can be reached at (888) 315-9037 x105 or [email protected].

Visual Inspection
‰ Check all plastic footrests, backrests, seats, etc. for any cracks. If items are cracked in an unsafe manner, take photos and contact Greenfields to order new pieces. ‰ Check all rubber grips for any signs of wear, and make sure they are functioning correctly. If grips are torn or cut, exposing handlebars, take photos and report to Greenfields. ‰ Inspect welds for any signs of wear. If there is any damage, take photos and report to Greenfields. ‰ Check round safety labels for any signs of wear or vandalism, and send photos if there is. ‰ If unsafe for public use, please wrap portion of that unit with a caution-tape to prevent use while maintenance is in progress.

Internal Inspection
‰ Engage moving parts and ensure full, uninhibited functionality. If units are making noises when in use, do NOT lubricate the bearings. Check for any metal on metal contact and send photos to Greenfields for review.
‰ Inspect bolts and caps to ensure equipment is fully tightened. If screws are loose or missing, tighten or install new screws using a thread-locking compound. If new screws are needed, take photos of the location they are needed and contact Greenfields to order new screws. ‰ If unsafe for public use, please wrap portion of that unit with caution tape to prevent use while maintenance is in progress.

Documentation
‰ Greenfields takes great pride in providing amazing outdoor fitness gyms that are intended for use by the unsupervised masses in public settings. We do realize that left unattended, units may be subject to improper use or even abuse. We rely on the local maintenance staff to provide the necessary support in order to keep all units and parts in optimal operating condition for years to come.
‰ Please use the inspection log provided.

Reporting
‰ Greenfields Customer Support Center is available to help with all inquiries. Please feel free to contact us at: [email protected] or 888-315-9037 x 105 ‰ Please be sure to include photos and name of the park, city, state, country and on-site contact person with whom to communicate.

Inspection Checklist
General Guidelines for Outdoor
Fitness Equipment
‰ Visual Inspection
‰ Internal Inspection
‰ Documentation
‰ Reporting
Inspection process
Questions? Please call 888-315-9037 x105
®
© 2022 Greenfields Outdoor Fitness, Inc.

In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice.

Greenfields Outdoor Fitness equipment is intended to be used by the unsupervised public in a variety of outdoor settings. Greenfields is extremely proud of the safe and durable design of its products, which are built to surpass their warranty under normal usage. Installations throughout the hemisphere prove this equipment’s success in both hot and cold climates, as well as dry and humid conditions. While the units are designed to be, for the most part, maintenance free, Greenfields recognizes that heavy and constant usage will require a minimal level of maintenance.

Greenfields recommends periodic visual inspections of all outdoor fitness equipment to ensure that each unit is functioning normally and safely. In environments prone to vandalism, local maintenance teams should inspect more frequently. Periodic inspection is at the owners’ discretion. Greenfields’ Inspection Checklist is a suggestion only and is not intended to replace owners’ own internal inspection system.

The following information is intended to provide some guidance for local maintenance teams:

Age Appropriate Use
This fitness equipment is classified as Adult Fitness Equipment and is designed to be used by individuals 14 years or older. Please take necessary precautionary steps to prevent use (and mis-use) by individuals younger than 14. Parental supervision should be enforced.

Normal Wear & Tear
As with any equipment, certain parts may wear more rapidly due to the type and frequency of usage.

Most of Greenfields’ replacement parts are designed to be installed easily—with specific instructions provided as needed. Every owners’ manual contains a detailed replacement parts list for each unit purchased. [Please be advised that the use of decomposed granite (DG) is known to increase the normal wear of footrests and platforms. DG particles attach to the soles of shoes and, like sandpaper, grind these surfaces continually.]
Surface Touch-up
During handling and/or installation, the various surfaces of the equipment may become scratched or disfigured. Greenfields provides touch-up paint with each shipment, and a “Touch-up Guide” is included in this manual. Greenfields’ support staff is always available to answer questions regarding the above.

Vandalism
Greenfields’ equipment is installed in all types of environments. In some cases, these installations face the challenges of vandalism, graffiti, theft, etc. In some instances touch-up paint is a simple remedy; in other cases a replacement part may have to be purchased. While the warranty does not cover cases of vandalism, Greenfields’ customer service team will strive to resolve issues quickly and fairly.

Improper Usage
Since Greenfields’ equipment is used without supervision, it may be subject to improper use—that for which it was not designed. Over the years, through its R&D efforts, Greenfields has been able to modify the equipment design to minimize damages caused by improper use. Nevertheless, improper use may compromise a unit’s integrity, leading to unnecessary repair expense and/or unsafe conditions. Signs of improper use can sometimes be detected through visual inspections.

Safety and Upkeep
Information
212
29 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - L YNWOOD - YVONNE BURKE-JOHN D. HAM PARK
VERSION1 REV1 - 2024-02-15
Warranty
• Limited 10-year warranty on main posts and metal structures • Limited 5-year warranty on moving parts, bearings, seats, backrests, and HDPE panels
• Limited 3-year warranty on hydraulic pistons
• Limited 2-year warranty on footrests, armrests, rubber parts, chains, rings, other grips, and polyurethane components
• Limited 1-year warranty on battle ropes, climbing ropes, suspension trainers, and cargo nets
All warranties cover failure due to natural deterioration or manufacturing defects and do not include any cosmetic issues or wear and tear from normal use. This warranty does not cover cosmetic items such as scratches, dents, marring, fading, discoloring, weathering, wear and tear, or normal level of rusting. Warranty is valid only if the equipment is installed and maintained in conformity with Greenfields’ installation and maintenance procedures furnished by Greenfields Outdoor Fitness. Equipment should not be exposed to any irrigation, especially with reclaimed water, as this will void the warranty. Equipment must be installed on a surface with proper drainage and or slope to prevent water buildup around the base of the equipment.

Equipment should not be installed in basins or in low-lying areas which result in equipment being submerged. Equipment should be installed in a timely fashion after delivery; however, if the equipment must be stored for an extended period of time, crates should be stored in a dry, indoor environment.

OTHER PRODUCT INFORMATION
Greenfields will continue to develop its line of products and therefore reserves the right to change the design specifications without notice. The equipment is designed for use by individuals weighing up to 300 pounds.

The equipment is NOT intended to be used by individuals younger than 14 years of age unless supervised by adults. Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are regarded as “one size fits most, but not all.”

CUSTOMER SUPPORT
Upon written notification (email or fax) to Greenfields of a product’s failure to conform to any of the aforementioned warranties during the applicable warranty period, Greenfields shall correct such failure/nonconformity by repairing the defective part(s) or providing replacement part(s) within 60 calendar days of receipt of the notification. Greenfields shall ship the required replacement part(s) to the site free of charge, but will not be responsible for providing labor or the cost of labor for removing defective part(s) or installing replacement part(s). Greenfields will warranty the replacement part(s) for the remainder of the original warranty period. Furthermore, no representation, oral or written, of any individual may be substituted for this exclusive limited warranty. To the extent permitted by law, Greenfields shall not be liable for any direct, indirect, special, incidental or consequential damages, which are expressly excluded from the sale of its product. To make claims under the terms of this warranty, please contact Greenfields’ Customer Support Center at [email protected]. Please include photos or video.

INSTALLATION
Greenfields’ equipment is constructed from heavy steel pipes and is subject to heavy forces and torques when in use as intended. Extra care must be taken to ensure that the equipment is securely installed so that it can be safely enjoyed for years to come. There are two methods of installation for the equipment:
• Surface mount installation with posts bolted to a reinforced concrete slab a minimum of 6”-8” thick (please refer to Installation Instructions & Video for detailed guidelines)
888-315-9037 | greenfieldsfitness.com Updated 1/29/2024 • Permanent in-ground installation in which the equipment post extensions are placed in concrete footings and use provided rebar pegs (please refer to Installation Instructions & Video for detailed guidelines) Installers and project managers are encouraged to contact Greenfields’ Customer Support Center with any questions before, during, and/or after installation. Detailed installation instructions are available for all products and are included in the crates for every order. Often the installation of Greenfields’ products is assigned to the lowest bidding contractor. The contractor may not have been in contact with Greenfields prior to the project or seen the detailed Installation Instructions. It is the responsibility of the project manager to ensure installing contractor is provided with the most updated set of Greenfields’ Installation Instructions & Installation Video to ensure the validity of the warranty. Should the project installer need a copy of the Installation Instructions, please contact Greenfields’ Customer Support Center at 888- 315-9037 x105 or by email at [email protected].

SAFETY STANDARDS
This adult outdoor fitness equipment is not intended for use by unsupervised individuals younger than 14 years of age. ASTM recently adopted ASTM F3101−21A Standard Specification for Unsupervised Public Use Outdoor Fitness Equipment. While playgrounds are subject to laws in various states requiring compliance with ASTM and/or Consumer Product Safety Commission (CPSC) guidelines, at time of this publication, and to the best knowledge of Greenfields Outdoor Fitness, there are no state laws requiring compliance with standards set forth by ASTM for outdoor fitness equipment (nor with CPSC guidelines, as none currently exist.) Play equipment can be certified to be in compliance with ASTM by the International Playground Equipment Manufacturers Association (IPEMA), and many agencies have a requirement that they only purchase equipment that is IPEMA certified.

However, at this time, this is not possible with outdoor fitness equipment, as IPEMA does not currently certify compliance of outdoor fitness equipment.

In addition, at this time there are no programs in place to train certified inspectors for outdoor fitness equipment. Without a state law that requires compliance, specifications are voluntary only. However, Greenfields Outdoor Fitness strives to comply with all of the voluntary specifications of ASTM F3101-21A. Greenfields recommends adding a customized sign to each project to limit liability.

SURFACING MATERIALS
Over the years, Greenfields’ product has been installed using the following various types of surfacing. ASTM 3101-21A suggests impact attenuating surfacing for some scenarios. The type of surfacing used is ultimately the choice of the owner and their project manager. When it comes to Functional Fitness, Challenge Course and any other apparatus with an overhead structure, it is advised to use fall attenuating surfacing. Greenfields does not promote the use of one type of surfacing over another – the decision is ultimately up to project owners and their architects / engineers. For project specific information, please contact a Greenfields project manager.

MAINTENANCE & EQUIPMENT UPKEEP
Greenfields Outdoor Fitness equipment is intended to be used by the unsupervised public in a variety of outdoor settings. Greenfields is extremely proud of the safe and durable design of its products, which are built to surpass their warranty under normal usage. Installations worldwide prove this equipment’s success in both hot and cold climates, as well as dry and humid conditions. While the units are designed to require, for the most part, little to no maintenance, Greenfields recognizes that heavy and constant usage will require a minimal level of maintenance which will be scheduled based on the specific nature of each project. Installation on an ocean front, or with a direct line of sight to the ocean, will expose the units to salt and will require additional maintenance which is not required at inland sites or in dry climates. Such installations will require a regular freshwater rinse to remove the salt from the units (do not use reclaimed water - exposing the equipment to reclaimed water will void warranty). Greenfields recommends periodic inspection by a maintenance team to ensure each and every apparatus functions as intended. Please refer to the Periodic Inspection Checklist provided with the O&M Owner’s Manuals. For project specific information, please contact a Greenfields project manager.
213

City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)

City of Lynwood Purchase Order Terms and Conditions

1. Purchase of Services. The City of Lynwood (the “City”) has determined that it requires services for Outdoor
Fitness Station Installation services from Greenfields
Outdoor Fitness Inc., (the “Vendor”) and Vendor
represents that it is fully qualified to perform the service described in Section 2 – Scope of Services by virtue of its experience and the training, education, and expertise of its principals and employees. The execution of this
Agreement by the City of Lynwood (“City”): (a) constitutes acceptance of the Vendor’s offer on the terms and
conditions stated in the Purchase Order, these Terms and Conditions, and all other accompanying documents or
attachments referenced and incorporated in this document (the “Agreement”), and (b) forms a contract between the undersigned vendor (the “Vendor”). Vendor agrees that
the only terms and conditions that are applicable to this Agreement are those issued by the City and no other terms and conditions shall be binding upon the Parties. Any
additional or different terms or conditions offered by the Vendor are hereby rejected. If a court of competent
jurisdiction holds any part of tthis Agreement invalid, the balance shall retain its full force and effect. This
Agreement, these Terms and Conditions and any
additional documents, exhibits or attachments
incorporated by reference set forth the entire agreement between Vendor and City.

2. Scope of Services. The Vendor shall complete the
work as approved by the Director of Public Works of the City of Lynwood (Director) as more particularly described in the scope of services and compensation attached hereto as Attachment A (“Scope of Services”). Compensation
set forth in the Scope of Services includes all labor,
materials, out-of-pocket costs, taxes, and incidental
expenses reasonably incurred by Vendor that are
reasonably associated with the provision of the services described in the Scope of Services.

3. Compensation; Not-to-Exceed Amount. This
Agreement shall not exceed the payment of $132,001.22
for the services described in the Scope of Service. Any payments exceeding the not-to-exceed amount may not be
paid unless approved by the Director in writing or the by the City Council, if the amount exceeds $50,000.

4. Term of Agreement. This Agreement shall become
effective when signed by both parties (the “Effective Date”) and will terminate on the earlier of: (a) the date Vendor completes the services required under this Agreement, or (b) Twelve (12) months after the Effective Date. The City may at its sole discretion extend the term of this Agreement in writing for an additional three (3) months.

5. Acknowledgment. Vendor acknowledges that it has
received all applicable plans, specifications, descriptions, drawings, data, and all additional documents, exhibits or attachments to which reference is made in this Agreement and in all other accompanying documents or attachments
referenced therein. Vendor further acknowledges that the plans, specifications, descriptions, drawings, data, and other documents are adequate to enable Vendor to
determine fairly its ability to procure the items ordered, and/or to perform the work or services specified, in this Agreement, at the price and in accordance with the
specified delivery date(s) and/or performance schedule(s) set forth therein. Vendor represents and warrants that it now has, or it can readily procure without the City's
assistance, all the items, facilities, and/or labor necessary for performing this Agreement.

6. Assignment. Vendor shall not delegate or subcontract any of the duties or obligations or assign any rights or claims under the this Agreement without City’s prior written consent.

7. Backorders & Product Substitution. To the extent that a specific product or products is required to be supplied under the Scope of Services, Vendor shall not backorder any item without first requesting authorization from the City, nor make any product substitution without prior
written authorization from the the City.

8. Changes to Scope of Services. It is mutually
understood and agreed that no changes, alteration, or
variation to the Scope of Services shall be valid unless made in writing and signed by the City, and that no oral understandings or agreements not incorporated therein,
and no changes, alterations, or variations of the terms thereof unless made in writing between the parties, shall be binding. The City shall not compensate Vendor for
work, services, and /or costs and materials not authorized by in writing by the City. The City shall have the right to revoke, amend, or modify the foregoing Agreement at any time by issuance of a written Change Order. Vendor’s
failure to respond within ten (10) days to a written Change Order shall constitute Vendor’s acceptance of the change without price or other adjustment.

9. Compliance with Laws. The provision of services
under this Agreement shall comply with all current federal, state, and local laws and regulations relative thereto, including but not limited by those set forth by the California Occupational Safety and Health Act (Cal-OSHA). Vendor
further agrees to indemnify, defend and hold the City
harmless for any failure to so conform. If applicable, in connection with the specified services under this
Agreement, Vendor shall comply with the Occupational
Safety and Health Act’s hazardous communications
standard and PROVIDE COPIES OF APPLICABLE

MATERIAL SAFETY DATA SHEETS (MSDS) AT THE
TIME OF DELIVERY OF SERVICES OR GOODS.

10. Conflict of Interest. Vendor represents and warrants that no officer or employee of Vendor is currently a council member, officer, or employee of the City, or a member of its boards, commissions, or committees, except to the
extent permitted by law. Vendor further represents and
warrants that no council member, officer, or employee of City has, or shall have, any direct or indirect financial interest in this Agreement.

11. Default by Vendor/Breach of Contract. The City
reserves the right to terminate this Agreement at any time, any or all items not delivered as directed and within the time specified under this Agreement. In case of default by Vendor, the City may procure services from any source
available and may charge the difference between the price named in the Scope of Services and the actual cost thereof to the Vendor. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made.
214

City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)

City of Lynwood Purchase Order Terms and Conditions

12. Delivery/Performance - Time is of the Essence.

Time is of the essence in this Agreement and failure to deliver services specified under this Agreement shall be a material breach of this Agreement. If Vendor cannot deliver goods and or render services within the time specified on the Scope of Services, Vendor shall promptly notify City of the earliest possible date for delivery/performance.

Notwithstanding such notice, City may terminate this
Agreement or any part thereof without liability except for services previously rendered and/or goods previously
delivered and accepted. City’s receipt or acceptance of all or part of a nonconforming delivery shall not constitute a waiver of any claim, right or remedy City has under this contract or applicable law.

13. Force Majeure. “Force Majeure” herein means an
event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, 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.

14. Hold Harmless. Vendor shall indemnify, defend, and
hold harmless the City, and its officers, officials,
employees and agents, from and against any and all
claims asserted, liability, loss damage, expense, costs, including without limitation costs and fees of litigation, of every nature arising out of, directly or indirectly, or in connection with the foregoing Agreement or the acts or
omissions of Vendor, Vendor’s subcontractors,
employees, representatives, agents and invitees including, but not limited to, performance of the work hereunder or failure to comply with any of the obligations contained herein, except such loss or damage which was caused by
the established active negligence of City or the established sole negligence or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance
policies covering and applicable to such liability, loss, damage, expense or cost. The Vendor further specifically agrees that he shall indemnify and hold City free of any liability for any accident, loss or damage to the goods and/or work that is the subject of Agreement prior to its completion and acceptance by the City.

15. Law and Venue. This Agreementhas been negotiated
and executed in the state of California and shall be
governed by and construed under the laws of the state of California and and consents that venue of any action
brought hereunder shall be exclusively in the County of Los Angeles.

16. Patent/Copyright Indemnity. If any goods sold or
delivered to City by Vendor are protected by a patent or copyright, Vendor agrees to indemnify and hold harmless the City of Lynwood, its officers, agents, servants, and employees from and against any and all suits, claims,
judgments and costs instituted or recovered against it on account of the use or sale of such goods by City in violation of rights under such patent or copyright.

17. Payment Terms. Unless provided otherwise under the
Scope of Services in which case the terms of the Scope of Services shall prevail, Payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance of services, whichever occurs last. If City is entitled to a cash discount, the period of computation shall commence on the date of receipt of invoice or acceptance of goods and/or services by City, whichever is later.

18. Permits, Licenses, and Other Requirements. During
the term of the Agreement, Vendor and its subcontractors (if authorized by the City) shall: (a) comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement by federal, state, county, City and other governmental or regulatory bodies r; and (b) comply with all applicable federal, state and local laws, rules, regulations, and orders.

19. Proprietary Information. Upon completion or
cancellation of the Agreement, Vendor shall return all
designs, drawings, and blueprints (City Materials) that are furnished by the City for Vendor’s performance under this Agreement, if applicable. City Materials shall not be used by the Vendor in the production of materials for any third party without express written consent of the City. City Materials involve valuable property rights of City and shall be held confidential by Vendor. Vendor shall keep
confidential and not disclose or use in any way confidential business or technical information that the City may
disclose in conjunction with this Agreement or the Vendor may learn as a result of entering City property to deliver items or services or to perform work hereunder.

20. Severability. If any provision of this Agreement, and/or these Terms and Conditions, and/or any other
accompanying documents, and/or attachments referenced
in this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected; and the rights and
215

City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)

City of Lynwood Purchase Order Terms and Conditions
obligations of the parties shall be construed and enforced as if the foregoing Purchase Order, and/or these Terms
and Conditions, and/or any other accompanying
documents, and/or attachments referenced in this
Agreement did not contain the particular provision held to be invalid.

21. Taxes. Vendor must separately state on all invoices any taxes imposed by the local, state, or federal
governments applicable to furnishing the Services;
provided, however where a tax exemption is available, the tax must be subtracted from the total compensation
amount and identified. Unless otherwise stated in this Agreement, the compensation amount shall be considered
to include state and city sales or use taxes.

22. Termination for Default. In addition to any other
remedies or rights it may have by law, the City may
terminate this Agreement with or without cause upon
seven (7) calendar days written notice to Vendor. The
effective date of termination shall be upon the date
specified in the notice of termination. Vendor agrees that in the event of such termination, City’s obligation to pay Vendor shall be limited to payment only for those services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written notice of termination, Vendor shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written
instruction of City.

23. No Waiver. Failure of City to enforce any provision of this Agreement, and/or these Terms and Conditions,
and/or any other accompanying documents, and/or
attachments referenced in herein shall not constitute a waiver or relinquishment by City of the right to such
performance in the futurenor of the right to enforce any other provision of this Agreement.

24. Warranties. Vendor warrants that the services
performed shall conform to the specifications, drawings, samples or other description specified by the City and that the services were performed in a diligent, professional and workmanlike manner in accordance with industry
standards. When defective or faulty workmanship is
discovered, Vendor shall provide all labor, materials, parts and equipment to correct such defect or make such
replacement at no expense to the City. These warranties shall not be deemed to exclude Vendor’s standard
warranties or other rights or warranties that City may have or obtain.

25. ADDITIONAL TERMS AND CONDITIONS

APPLICABLE WHEN THE VENDOR IS TO PERFORM

SERVICES/WORK ON CITY-OWNED PREMISES
A. Liens. If, during the work, the Vendor allows any
indebtedness or lien to accrue for labor, equipment, or materials, which may become a claim against the City, the Vendor shall immediately pay such claim or indebtedness or cause such lien to be dissolved and discharged by
giving a bond and, in case of failure to do so, the City may withhold any money due to Vendor until such claim,
indebtedness or lien is paid or may apply such money
toward the discharge thereof; or the City may, at its option, terminate this Agreement, take possession and control of the work, and complete the same or cause the same to be completed. Vendor shall pay to City the difference between the Agreement price and the actual cost to the City in
completing or causing the work to be completed.

B. Work Performed at Vendor’s Risk. The Vendor shall
perform the work at Vendor’s own risk until the same is fully completed and accepted and shall, in case of any
accident, destruction or injury to the work or items before final completion and acceptance, repair or replace the
work or items so injured, damaged or destroyed, at
Vendor’s own expense and to the satisfaction of the City.

When others furnish items for installation or erection by the Vendor, the Vendor shall receive, unload, store, and
handle same at site and become responsible therefore, as though such items were being furnished by the Vendor
under this Agreement.

C. Insurance. Vendor shall obtain and maintain at its
expense, until completion of performance under this
Agreement and acceptance by City, the following
insurance issued by an admitted insurer authorized to
operate in California:

1. COMMERCIAL GENERAL LIABILITY naming
City, its officials, employees and agents as additional insured’s for injury to or death of persons or damage
to or loss of property arising from or connected to
Vendor's performance hereunder: $2,000,000
combined single limit for each occurrence or
$4,000,000 general aggregate.

2. AUTOMOBILE LIABILITY: $1,000,000 combined
single limit per accident for bodily injury and property damage covering owned, non-owned and hired
vehicles.

3. WORKER'S COMPENSATION and EMPLOYER’S
LIABILITY: As required by the State of California.

Each policy must be endorsed to state that coverage
shall not be cancelled by either party or reduced in
coverage except after 30 days prior written notice to
City. Vendor shall furnish to City, before performance
of the work, Certificates of Insurance and original
endorsements with the original signature of one
authorized by the insurer to bind coverage on its
behalf. This insurance shall not be deemed to limit
Vendor's liability hereunder. If authorized by the City, Vendor shall require that its subcontractors comply
with this Section. City reserves the right to require
complete certified copies of policies. If Vendor fails to furnish said insurance, City may terminate the
Agreement.

D. Specifications. Vendor shall comply with the
specifications stated in, incorporated by reference in, or attached to this Agreement.

E. Prevailing Wages. If applicable, pursuant to
provisions of Section 1770, et seq. of the California Labor Code, for all public works contracts, Vendor shall pay its employees the general prevailing rate of wages as
determined by the Director of the Department of Industrial Relations. In addition, Vendor shall be responsible for compliance with the requirements of Section 1777.5 of the California Labor Code relating to apprentices on public 216

City of Lynwood Purchase Order Terms and Conditions
(Procurement of Services)

City of Lynwood Purchase Order Terms and Conditions
works contracts. A copy of the prevailing wages to be paid by Vendor is on file with the City Clerk.

F. No Subcontractors. Vendor shall perform the work with its own employees under its immediate supervision.

Unless approved by City in advance in writing, Vendor
shall not subcontract any portion of the work.

G. Independent Contractor. Vendor shall be considered
an independent contractor and not an agent or an
employee of the City. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Vendor or any of Vendor’s
employees, except as set forth in this Agreement. Vendor shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. The
Vendor does not qualify for workers’ compensation or
other fringe benefits of any kind. The Vendor is responsible for paying all required state and federal taxes.

H. Non-Discrimination. The Vendor and its agents,
employees or subcontractor(s) shall not discriminate
against any person in the performance of this Agreement on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, handicap, or disabled, and shall comply with applicable federal and
state equal employment opportunity laws, ordinances,
rules, and regulations.

26. SB 854 (If applicable). Public works reforms (SB 854) were signed into law on June 20, 2014. The reforms made several significant changes to the administration and
enforcement of prevailing wage requirements by the
Department of Industrial Relations (DIR). Among other
things, SB 854 established a public works contractor
registration program to replace prior Compliance
Monitoring Unit (CMU) and Labor Compliance Program
(LCP) requirements for bond-funded and other specified
public works projects.

SB 854 (Stat. 2014, chapter 28) made several changes to the laws governing how the Department of Industrial
Relations (DIR) monitors compliance with prevailing wage requirements on public works projects. These new
requirements apply to all public works that are subject to the prevailing wage requirements of the Labor Code,
without regard to funding source. The City may only award public works projects to contractors and subcontractors that comply with the new Public Works Contractor
Registration Law (SB 854). Contractors doing public
works must register with DIR and meet the requirements
before bidding on public works contracts in California.  No contractor or subcontractor may be listed on a
bid proposal for a public works project (submitted
on or after March 1, 2015) unless registered with
the Department of Industrial Relations pursuant
to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes
only under Labor Code section 1771.1(a)].
 No contractor or subcontractor may be awarded
a contract for public work on a public works
project (awarded on or after April 1, 2015) unless
registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
 This project is subject to compliance monitoring
and enforcement by the Department of Industrial
Relations.

27. Signatures of Parties. Vendor and City hereby agree to the terms and conditions set forth herein. This
Agreement shall be of no force and effect unless it has been signed by the City's Purchasing Officer or his/her authorized designee (totaling less than $25,000.00) or by the Mayor (totaling in excess of $25,000.00). Exception:

If the foregoing Agreement is for services being
provided on a Public Project, the City Manager may
sign any Purchase Order or agreement totaling
$200,000 or less (Resolution No. 2020.016).

By:

__________________________ __________
Julian Lee, Interim City Manager Date

Approved as to Form:

__________________________
Noel Tapia, City Attorney

Attest:

__________________________
Maria Quinones, City Clerk

Vendor:

Greenfield Outdoor Fitness Inc.

Legal Name of Vendor

By:
_______________________________________

Title: ___________________________________

Date: ____________________________________

217
1 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AWARDING A CONTRACT TO GREENFIELDS OUTDOOR FITNESS,
INC. FOR THE HAM PARK OUTDOOR FITNESS STATION
RENOVATION PROJECT (CIP PROJECT NO. 4011.68.122);

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND

AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT

AMENDMENTS RELATED TO THE PROJECT
WHEREAS, on April 10, 2024, staff sent an Informal Request for Proposals (IRFP) to three (3) qualified contractors to submit proposals for the Ham Park Outdoor Fitness Station Renovations project; and
WHEREAS, on May 22, 2024, staff received two (2) proposals from Greenfields Outdoor Fitness, Inc. and Kompan, Inc., the third contractor declined to submit a proposal; and
WHEREAS, staff reviewed the proposal and feel confident with the proposed scope of work and pricing and recommends that City Council award a contract to Greenfields Outdoor Fitness, Inc. in the amount of $132,001.22; and WHEREAS, it is estimated that the project will take ninety (90) calendar days to complete the work set forth in the proposal;
WHEREAS, the project includes improvements at five (5) outdoor fitness stations; improvements include but are not limited to, the removal and proper disposal of the existing outdoor fitness stations and other features such as picnic tables and grills, improving the existing floor surface, and installing new outdoor fitness equipment per contractor’s proposed design; and
WHEREAS, the total estimated project cost is $181,000.00; and WHEREAS, the project has a Fiscal Year (FY) 24-25 proposed budget of $350,000.00 and no additional appropriation is 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 of the City of Lynwood hereby finds that the above recitals are true and correct and incorporates them herein by this reference.

Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and Greenfields Outdoor Fitness, Inc. in a form approved by the City Attorney in the amount of $132,001.22. 218
2 Section 3. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.14(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.14(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders, or agreement amendments related to the Project up to the available Project Budget.

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

Section 5. This resolution shall take effect immediately upon its adoption.

Section 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

Signatures on next page
219
3 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 20th day of August 2024.

Jose Luis Solache
Mayor
ATTEST:

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

Noel Tapia Julian Lee
City Attorney Interim City Manager
220
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 20 th day of August 2024, 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 ofResolution No. 2024.000on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of August 2024.

Maria Quinonez, City Clerk
221

AGENDA STAFF REPORT

DATE:

August 20, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Mir Fattahi, MsCE, PE, Acting City Engineer
SUBJECT:

INTENT TO VACATE PORTION OF FERNWOOD AVENUE FROM 795

FEET SOUTHEAST OF ALAMEDA STEET TO IMPERIAL HIGHWAY
Agenda Item # 8.6.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE PORTION OF FERNWOOD AVENUE FROM 795 FEET SOUTHEAST OF ALAMEDA STREET TO IMPERIAL HIGHWAY”
Background:

The City of Lynwood is planning the development of affordable housing and commercial development on the City owned Alameda Triangle properties. The Triangle properties are three parcels known as Assessor Parcel Numbers 6169-002-904 (now 6169-002-912), 6169- 002-905 (now 6169-002-912) and 6169-001-900. The parcels are split between north and south Fernwood Avenue as shown on Los Angeles County Assessor’s map (attached). In order to continue with the development of these properties, the City must vacate a portion of Fernwood Avenue located between Imperial Highway and approximately 795 feet southeast of Alameda Street.

Discussion and Analysis:

The request is for a partial street vacation that will result in the vacated street to be incorporated into the commercial development. Staff reviewed the existing conditions of the City Council City Council Regular Meeting 222
1321-006 Street Vacation.pdf
LA County Assessor's map -Fernwood and Imperial.pdf
Resolution - Street_Vacation_on_Fernwood_Avenue.docx
street and has determined that the street is not needed for traffic circulation purposes. Staff has determined that it is in the public’s best interest to vacate a portion of said street. As well, the design of the remaining street will comply with all fire department requirements and will have future access agreements through the commercial project preventing a dead-end condition.

Per the Streets and Highways Code section 8320, the City of Lynwood is required to adopt a resolution of intention the declares the intent to vacate. After the resolution of intention has been adopted, the City must set a date and place the vacation item for a Public Hearing. Staff has set the date to October 1, 2024 for the Public Hearing. With approval, staff will publish on the local newspaper’s the public hearing date and location at least two (2) successive weeks prior to the hearing as required by Streets and Highways Code. If no objections or contests are made at the Public Hearing, the City Council will adopt the resolution of vacation.

Fiscal Impact:

There is no financial impact for this item.

Coordinated With:

City Manager’s Office

ATTACHMENTS:

Description
City Council City Council Regular Meeting 223
“EXHIBIT A”

LEGAL DESCRIPTION