Lynwood City Council
November 19, 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

6. PRESENTATIONS/PROCLAMATIONS
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
November 19, 2024
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 Duly Posted on 11/15/24 By MQ
6:00 PM

Kid Mayor
Jose Luis Solache, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Oscar Flores, Council Member
Juan Munoz-Guevara, Council Member
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

City Council Regular Meeting 1

7. COUNCIL RECESS TO:

8. CONSENT CALENDAR

8.1 APPROVAL OF THE WARRANT REGISTER

8.2 PREVIOUS MEETING MINUTES

8.3 APPROVAL OF EVENT STREET CLOSURES AND USE OF DESIGNATED PUBLIC AREAS FOR THE 2025 LYNWOOD 5K/10K RUN/WALK
Lynwood Successor Agency
Lynwood Public Financing Authority
Lynwood Housing Authority
Lynwood Utility Authority

PUBLIC ORAL COMMUNICATIONS

(Regarding Agenda Items Only)

NON-AGENDA PUBLIC ORAL COMMUNICATIONS

THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE

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

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

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

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

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

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

Comments:

City of Lynwood warrant register dated November 19,2024 for FY 2024-2025. (FIN) Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated November 19,2024 for FY 2024-2025

Comments:

The purpose of this item is to have the Lynwood City Council review and approve the City Council meeting action minutes. (CC)
Recommendation:

Staff recommends that the Lynwood City Council approve the following meeting action minutes: October 15, 2024 and November 5, 2024 Regular Meeting Action Minutes.

City Council Regular Meeting 2

8.4 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT

BIDS FOR SLURRY SEAL IMPROVEMENTS AND THORSON AVENUE ALLEY DRAINAGE PROJECT FY 24-25 (CIP NO. 2121|2357|2352|9053|9056.68.141)

8.5 AWARD A CONTRACT TO OPERATIONAL TECHNICAL SERVICES, LLC (OTS) TO PROVIDE 3-YEAR CONTRACT FOR UTILITY SUPPORT AND MANAGEMENT

SERVICES FOR THE WATER AND SEWER OPERATIONS AND CAPITAL IMPROVEMENT PROJECTS FOR THE CITY’S PUBLIC WORKS DEPARTMENT .

Comments:

The City of Lynwood is partnering with the Lynwood Partners Educational Foundation (LPEF) to present the 2025 Lynwood 5K Run/Walk event to take place on May 10, 2025 on Lynwood city streets. In continuing the success of the 2022-2024 events, the 2025 event will provide a significant community-building program that also raises funds to support scholarships and student support programs directly benefitting Lynwood youth.

Staff is requesting authority from the City Council to temporarily close designated streets and public areas directly used for the event. (REC)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE 2025 LYNWOOD 5K/10K RUN/WALK PROGRAM AND RELATED, TEMPORARY CLOSURES OF CITY STREETS AND PUBLIC AREAS .”

Comments:

The City’s selected design engineering firm, Infrastructure Engineers (a Bowman Company), has completed the Plans, Specifications, and Engineer's Estimate for the Slurry Seal Improvements and Thorson Avenue Alley Drainage Project FY 24-25, which is part of the City’s three-year street improvement plan. Staff is requesting City Council approve the plans and specifications and authorize the advertisement of Notice Inviting Bids. (PW)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF

NOTICE INVITING BIDS FOR THE SLURRY SEAL IMPROVEMENTS AND THORSON ALLEY DRAINAGE PROJECT FY 24-25 (CIP NO. 2121|2357|2352|9053|9056.68.141).”

Comments:

The City utilizes outside consultants to provide water and sewer operations support and management services for the City’s Water & Sewer Section of the Public Works Department. The City’s existing agreement with Waterworks Technology, Inc. expired at the end of Fiscal Year (FY) 2024, and the City has extended their contract for six (6) additional months to December 31, 2024.

In April 2024, Staff prepared a Request for
City Council Regular Meeting 3

9. NEW/OLD BUSINESS

9.1 ATLANTIC CORRIDOR COMPLETE STREET PLANNING

9.2 CITY HALL PARK SQUARE/BULLIS ROAD RENOVATION PROJECT

9.3 FACILITY USE REQUEST BY THE CONSULATE GENERAL OF MEXICO IN LOS ANGELES FOR THE “CONSULATE ON WHEELS” PROGRAM
Qualifications (RFQ) for a consulting firm to provide Utility Support services for the next three (3) fiscal years to the City. The RFQ was due on May 22, 2024, and staff reviewed proposals from four (4) firms. Staff is recommending awarding a contract to Operational Technical Services, LLC. (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 OPERATIONAL TECHNICAL SERVICES, LLC TO PROVIDE UTILITY

SUPPORT AND MANAGEMENT SERVICES FOR WATER AND SEWER OPERATIONS AND CAPITAL IMPROVEMENT PROJECTS FOR THE CITY’S PUBLIC WORKS

DEPARTMENT, AUTHORIZING THE CITY MANGER TO APPROVE AGREEMENT

AMENDMENTS RELATED TO THE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.

Comments:

N/A
Recommendation:

Staff will provide status update to the project.

Comments:

N/A
Recommendation:

Staff will provide status update to the project.

Comments:

The Consulate General of Mexico in Los Angeles (the "Consulate") has requested use of a City facility to present its
Consulados Sobre Ruedas
(“Consulate on Wheels” mobile
consulate) program to the community. The Consulate is requesting use of Bateman Hall - Room #2 for three, separate one-month periods to take place over a one-year term. (REC)

Recommendation:

City Council Regular Meeting 4

9.4 REHABILIATION OF THE CITY’S THREE (3) WATER TOWERS – CITY LOGO DESIGN AND COLOR SCHEME DESIGN UPDATE. (CIP PROJECT NO. 1011|6302.68.150).

9.5 PRIMESTOR LYNWOOD TRIANGLE, LLC (AKA- PRIMESTOR) DISPOSITION AND

DEVELOPMENT AGREEMENT
Staff recommends that the City Council adopt the accompanying resolution entitled: “A

RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO

NEGOTIATE AND ENTER INTO A LICENSE AGREEMENT WITH THE CONSULATE GENERAL OF MEXICO IN LOS ANGELES FOR USE OF BATEMAN HALL’S ROOM #2 LOCATED AT 11331 ERNESTINE AVENUE.”

Comments:

The City has three (3) existing water towers that been converted to Cellular Communication Towers located at 4275 Walnut Ave, 11108 Alameda St, and 11240 California Ave.

Hunt Design provided six (6) options of each site for review and discussion with the City Council. T
he final color and mural design will be approved by the City Council prior to completing the design and advertised for bids for the project. (PW) Recommendation:

Staff recommends
that
the City Council review and approve
one of the
six

options
presented
with respect
to re-
painting
the
existing
water towers and add
ing
a new City of
Lynwood mural at the top of each tower.

Comments:

Staff recommends the approval of the Disposition Development Agreement with Primestor consistent with the ENA. The project will generate revenue from the sale of the commercial parcel in the amount of $2 million, and will provide profit sharing revenues of 25% once the project is completed and operational. The Triangle Project parcels have long been troubled and considered a blight to the community. The city acquired the contaminated parcels from Cal Trans and Union Pacific in an effort to remediate and develop the sites for the public and city benefit. Therefore approving this DDA will help streamline the development and much needed improvement of the West side of Lynwood. (CD)
Recommendation:

Staff recommends that the City Council review and adopt the attached resolution entitled:
"

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

APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF LYNWOOD AND PRIMESTOR LYNWOOD TRIANGLE, LLC FOR THE

SALE OF SURPLUS REAL PROPERTY LOCATED AT NORTHWEST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE (APN NOS. 6169-002-912 AND 6169-001-900)
City Council Regular Meeting 5

9.6 FINAL ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE

LYNWOOD ECONOMIC & COMMUNITY ENHANCEMENT PLAN

9.7 GOVERNMENT CODE SECTION 65858(d) 10-DAY REPORT AND ONE YEAR

EXTENSION OF THE MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR

MODIFICATION OF WAREHOUSE AND TRUCKING USES AND RELATED USES WITHIN THE CITY OF LYNWOOD.

9.8 APPROVE ENTERPRISE RESOURCES PLANNING (ERP) / INTEGRATED FINANCIAL

MANAGEMENT SYSTEM'S VENDOR SELECTION AND AUTHORIZE MAYOR TO

SIGN ERP VENDOR AGREEMENT

Comments:

Staff recommends that the City Council discuss, review and direct staff related to Final Allocation for the American Rescue Plan Act (ARPA) Fund for the Lynwood Economic & Community Enhancement Plan. (CM)
Recommendation:

Staff recommends that the City Council discuss, review and direct staff related to Final Allocation for the American Rescue Plan Act (ARPA) Fund for the Lynwood Economic & Community Enhancement Plan.

Comments:

Staff recommends that the City Council r
eceive and file this staff report constituting the 10
day report; and a
pprove, by four-fifths (4/5) vote, a second extension for a period of one (1) year to the Moratorium on the Establishment, Expansion, or Modification of Warehouse and Trucking Uses and Related Uses within the City of Lynwood adopted under Urgency Ordinance No. 1758. The second extension will expire October 3, 2025 or upon the adoption of the new warehouse and trucking standards.

Staff requires the
additional time to complete the Traffic impact fee study, planning commission approval process, and finalize the updated City wide truck route. (CD) Recommendation:

Staff recommends that the City Council:

1 .

Receive and file this staff report constituting the 10 day report; and 2 .

Approve, by four-fifths (4/5) vote, a second extension for a period of one (1) year to the Moratorium on the Establishment, Expansion, or Modification of Warehouse and Trucking Uses and Related Uses within the City of Lynwood adopted under Urgency Ordinance No. 1758. The extension will expire October 3, 2025 or upon the adoption of the new warehouse and trucking standards.

Comments:

City Council Regular Meeting 6

10. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

11. STAFF ORAL COMMENTS
In February 2022, Tyler has informed the City that the Eden financial management system will sunset on March 1, 2027. In addition, in September 2023, Tyler further informed the City that it will continue to support the Eden system only through the end of calendar year 2026, and confirmed that the Eden system will officially sunset on March 1, 2027. Without an ERP system, the City would not be able to efficiently and effectively run its operations. (FIN)
Recommendation:

Staff recommends that the City Council approve the attached resolution, titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING

THE PROFESSIONAL SERVICE AGREEMENT WITH SPRINGBROOK HOLDING

COMPANY, LLC, FOR THE IMPLEMENTATION AND SUBSCRIPTION SERVICES OF

AN ENTERPRISE RESOURCE PLANNING (ERP)/ INTEGRATED FINANCIAL MANAGEMENT SYSTEM.”

ADJOURNMENT

THE NEXT REGULAR MEETING WILL BE HELD ON DECEMBER 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 7

AGENDA STAFF REPORT

DATE:

November 19, 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-CC-11192024.pdf
11-19-2024-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 November 19,2024 for FY 2024-2025 Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2024-2025
Coordinated With:

City Manager's Office
City Attorney's Office
ATTACHMENTS:

Description
City Council City Council Regular Meeting 8
vchlist Prepaid-Check List Page: 1
10/31/2024 3:52:56PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212340 10/30/2024 014389 DREAM MAKERS 11.2.24 COMMUNITY ACTIVITY EXPENSE 1,175.00 Total: 1,175.00
212341 10/30/2024 014386 LA CARAVANA DE NARICES 014386-1 COMMUNITY ACTIVITY EXPENSE 300.00 Total: 300.00
212342 10/30/2024 000475 NATIONWIDE ENVIRONMENTAL SVCS. 34185 06-010200 PROF & CONTRACTUAL SERVICES 52,239.50 34257 06-010200 PROF & CONTRACTUAL SERVICES 52,239.75
Total: 104,479.25
212343 10/30/2024 000475 NATIONWIDE ENVIRONMENTAL SVCS. 34185-1 11-002336 PROF & CONTRACTUAL SERVICES 5,804.42 34257-1 11-002336 PROF & CONTRACTUAL SERVICES 5,804.42
Total: 11,608.84
212344 10/30/2024 014381 ROMERO, VICTORIA 2441 COMMUNITY ACTIVITY EXPENSE 300.00 Total: 300.00
212345 10/31/2024 013936 DIAZ, LIZETTE 002 COMMUNITY ACTIVITY EXPENSE 650.00 Total: 650.00
9 vchlist
11/12/2024 12:42:0SPM
Bank code: apbank
Voucher Date Vendor
212346 11/5/2024 003372 CITY OF LYNWOOD
212347 11/5/2024 014026 IBE DIGIT AL
212348 11/5/2024 014026 IBE DIGITAL
212349 11/5/2024 000486 LIBERTY UTILITIES
Prepaid-Check List
City of Lynwood
Invoice
62-32300-07-093024
472320
588593653
200006887414-100324
212350 11/5/2024 014401 RUVALCABA GUERRERO, LAURA IVETTE 00940 212351
212352
212353
11/5/2024 000163 SOUTHERN CALIFORNIA EDISON
11/5/2024 000163 SOUTHERN CALIFORNIA EDISON
11/5/2024 000164 THE GAS CO.
14 Vouchers for bank code :
14 Vouchers in this report
apbank
700548956487-101824
700672151945-101624
700913923334-101624
700068642193-091724
700355210610-090424
18640136646-102124
18670129917-102124
19270136567-091924
Page: 2
PO# Description/ Account Amount
UTILITY ASSISTANCE 547.23
Total: 547.23
12-000479 PRINTING SERVICE EXPENSE 1,531.44
Total: 1,531.44
12-000479 PRINTING SERVICE EXPENSE 1,319.61
Total: 1,319.61
UTILITY ASSISTANCE 1,303.64
Total: 1,303.64
COMMUNITY ACTIVITY EXPENSE 500.00
Total: 500.00
UTILITY ASSISTANCE 289.69
UTILITY ASSISTANCE 1,219.67
UTILITY ASSISTANCE 238.93
Total: 1,748.29
UTILITY ASSISTANCE 586.87
UTILITY ASSISTANCE 861.09
Total: 1,447.96
UTILITY ASSISTANCE 309.71
UTILITY ASSISTANCE 216.21
UTILITY ASSISTANCE 39.02
Total: 564.94
Bank total: 127,476.20
Total vouchers: 127,476.20
Page: 2
10 vchlist Check List Page: 3
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount --
212354 11/19/2024 014219 3 PHASE ELECTRIC INC 541 06-010308 PROF & CONTRACTUAL SERVICES 3,870.00 568 06-010308 PROF & CONTRACTUAL SERVICES 2,867.00
Total: 6,737.00
212355 11/19/2024 013797 AIRGAS USA, LLC 9154278989 SUPPLIES EXPENSE 168.85 Total: 168.85
212356 11/19/2024 010067 ALL AM ERi CAN ASPHALT 208758 RETENTION 26,951.25 Total: 26,951.25
212357 11/19/2024 007439 ALL CITY MANAGEMENT SVCS, INC. 96181 11-002333 PROF & CONTRACTUAL SERVICES 15,395.38 96571 11-002333 PROF & CONTRACTUAL SERVICES 17,133.32
Total: 32,528.70
212358 11/19/2024 010746 ALVAREZ-GLASMAN & COLVIN 2024-07-21200-CD 02-002682 LEGAL SERVICES 10,579.53 2024-07-21200-CL 02-002682 LEGAL SERVICES 880.00
2024-07-21200-FIN 02-002682 LEGAL SERVICES 506.00
2024-07-21200-HR 02-002682 LEGAL SERVICES 224.11
2024-07-21200-PW 02-002682 LEGAL SERVICES 305.50
2024-07-21202-PER 02-002682 LEGAL SERVICES 1,086.50
2024-07-21202-SA 02-002682 LEGAL SERVICES 1,378.00
2024-07-21203-ATP CO 02-002682 LEGAL SERVICES 3,683.50
2024-07-21204-ATP RE 02-002682 LEGAL SERVICES 689.00
2024-07-21205-SSV 02-002682 LEGAL SERVICES 424.00
Total: 19,756.14
212359 11/19/2024 013522 AMN MANAGEMENT, INC 32 06-010280 PROF & CONTRACTUAL SERVICES 22,475.00 Total: 22,475.00
212360 11/19/2024 014419 AUGUSTINE, MICHEAL 0003130-0119 REFUND-SERVICE NOT PROVIDED 555.00 003072-0184 REFUNDABLE DEPOSIT-EVENT 100.00
Total: 655.00
212361 11/19/2024 004285 AVANT GARDE, INC. 10817 11-002358 UTILITY ASSIST ANGE PROGRAM 6,487.50 10818 11-002353 PROF & CONTRACTUAL SERVICES 3,355.00
10887 11-002356 PROF & CONTRACTUAL SERVICES 1,600.00
Page: 3
11 vchlist Check List Page: 4
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212361 11/19/2024 004285 004285 AVANT GARDE, INC. (Continued} Total: 11,442.50 212362 11/19/2024 002978 B.L. WALLACE-DISTRIBUTOR, INC. 20244295 06-010255 PROF & CONTRACTUAL SERVICES 39,034.56 Total: 39,034.56
212363 11/19/2024 004986 BIOMETRICS4ALL, INC COLYN0124 FEES FOR SERVICES 6.00 Total: 6.00
212364 11/19/2024 000884 BLUE DIAMOND MATERIALS 3902003 06-010223 OPERATING SUPPLIES 4,342.39 Total: 4,342.39
212365 11/19/2024 014404 BOJORQUEZ, JOSE 522125134 REFUND- PARKING CITATION 47.00 Total: 47.00
212366 11/19/2024 005848 BOWMAN INFRASTRUCTURE ENG LTD 29256 11-002364 PLAN CHECK/BUILDING 10,795.00 441625 11-002364 PLAN CHECK/BUILDING 6,477.00
441626 11-002364 PLAN CHECK/BUILDING 19,502.13
444257 11-002364 PLAN CHECK/BUILDING 14,644.79
446306 11-002364 PLAN CHECK/BUILDING 8,246:00
449238 11-002364 PLAN CHECK/BUILDING 14,878.61
451376 11-002364 PLAN CHECK/BUILDING 9,136.00
451956 11-002364 PLAN CHECK/BUILDING 10,621.76
452546 11-002364 PLAN CHECK/BUILDING 8,510.26
455290 11-002364 PLAN CHECK/BUILDING 285.00
457083 11-002364 PLAN CHECK/BUILDING 1,352.00
Total: 104,448.55
212367 11/19/2024 000300 BUBBS HARDWARE 285 06-010224 HARDWARE MATERIALS 16.86 286 06-010224 HARDWARE MATERIALS 25.77
287 06-010224 HARDWARE MATERIALS 7.24
288 06-010224 HARDWARE MATERIALS 18.52
Total: 68.39
212368 11/19/2024 013245 CARLO MAGNO 342350 REPAIRS AND MAINT EXPENSE 820.00 Total: 820.00
212369 11/19/2024 001195 CDW GOVERNMENT AA95P9E 12-000485 SUPPLIES EXPENSE 4,271.20 Page: 4
12 vchlist Check List Page: 5
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212369 11/19/2024 001195 001195 CDW GOVERNMENT (Continued) Total: 4,271.20 212370 11/19/2024 009302 CHESSER, CHRISTINE 24933353 FEES FOR SERVICES 250.00 27168147 FEES FOR SERVICES 250.00
Total: 500.00
212371 11/19/2024 001168 CINTAS CORPORATION NO. 2 8407083870 08-005282 SUPPLIES EXPENSE 219.23 Total: 219.23
212372 11/19/2024 000702 CINTAS DOCUMENT MANAGEMENT 8407053222 05-001988 SUPPLIES EXPENSE 1,111.17 Total: 1,111.17
212373 11/19/2024 007129 CODE PUBLISHING COMPANY, INC. GC10015802 SUPPLIES EXPENSE 269.50 Total: 269.50
212374 11/19/2024 010638 COURT OF CALIFORNIA, COUNTY OF LA 010638-740A-SEP24 FEES FOR SERVICES 19,817.50 Total: 19,817.50
212375 11/19/2024 007223 COX, CASTLE & NICHOLSON LLP 597341 PROF & CONTRACTUAL SERVICES 120.00 Total: 120.00
212376 11/19/2024 011869 CPRS DISTRICT 10 011869-001 SUPPLIES EXPENSE 96.00 Total: 96.00
212377 11/19/2024 000138 DAILY JOURNAL CORPORATION B3857011 11-002341 PUBLICATION SERVICES 646.70 Total: 646.70
212378 11/19/2024 003352 DEPT. OF JUSTICE CTRL SERVICES 765702 FEES FOR SERVICES 243.00 Total: 243.00
212379 11/19/2024 014416 EAN HOLDINGS LLC 455130327 REFUND- PARKING CITATION 30.00 Total: 30.00
212380 11/19/2024 014021 EDGEWORTH INTEGRATION,LLC 00038116 12-000488 PROF & CONTRACTUAL SERVICES 37,309.34 Total: 37,309.34
212381 11/19/2024 014407 ELLSWORTH, DAVID A 633124420 REFUND- PARKING CITATION 30.00 Total: 30.00
Page: 5
13 vchlist Check List Page: 6
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212382 11/19/2024 001087 FANTASY FLOWERS AND GIFTS 025566 08-005285 EVENT SERVICE FEE 420.05 7432 08-005285 EVENT SERVICE FEE 1,212.75
Total: 1,632.80
212383 11/19/2024 003334 FED EX 8-647-58842 FEES FOR SERVICES 15.60 Total: 15.60
212384 11/19/2024 014423 FIGUEROA, ARMANDO 002964-0055 REFUNDABLE DEPOSIT-EVENT 200.00 003179-0016 REFUND-SERVICE NOT PROVIDED 343.00
Total: 543.00
212385 11/19/2024 013503 FINANCIAL SERVICES LLC, PITNEY 3106889088 FEES FOR SERVICES 865.07 Total: 865.07
212386 11/19/2024 014406 FUENTES, GEIVIN U 522126541 REFUND- PARKING CITATION 122.00 Total: 122.00
212387 11/19/2024 014420 GARNETT, GENE 003148-0122 REFUNDABLE DEPOSIT-EVENT 422.00 Total: 422.00
212388 11/19/2024 013343 GATEWAY CITIES 013343-061824 FEES FOR SERVICES 23,100.00 JUNE19,2024 FEES FOR SERVICES 25,000.00
Total: 48,100.00
212389 11/19/2024 013694 GLOBAL URBAN STRATEGIES, INC 766 11-002334 PROF & CONTRACTUAL SERVICES 750.00 Total: 750.00
212390 11/19/2024 014413 GONZALES, ARTURO 488127875 REFUND- PARKING CITATION 55.00 Total: 55.00
212391 11/19/2024 001510 GRAINGER, INC. 9301546785 06-010196 OPERATING SUPPLIES 600.44 9301546827 06-010196 OPERATING SUPPLIES 518.47
9301546843 06-010196 OPERATING SUPPLIES 30.28
9303870464 06-010196 OPERATING SUPPLIES 513.16
Total: 1,662.35
212392 11/19/2024 014421 GRAJEDA, NANCY 002803-0003 REFUNDABLE DEPOSIT-EVENT 370.00 002912-0050 REFUND-SERVICE NOT PROVIDED 885.00
Page: 6
14 vchlist Check List Page: 7
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212392 11/19/2024 014421 GRAJEDA, NANCY (Continued)
00803-0003 REFUNDABLE DEPOSIT-EVENT 370.00
Total: 1,625.00
212393 11/19/2024 014090 GRINDLINE SKATEPARKS,INC 6470 06-010117 PROF & CONTRACTUAL SERVICES 167,971.88 Total: 167,971.88
212394 11/19/2024 014388 HANDS CONSTRUCTION CORP 2016net16 11-002363 PROF & CONTRACTUAL SERVICES 17,280.45 2016net17 11-002363 PROF & CONTRACTUAL SERVICES 20,000.00 Total: 37,280.45
212395 11/19/2024 009832 HARDING, ELIZABETH B. 009832-103124 08-005321 PROF & CONTRACTUAL SERVICES 170.00 Total: 170.00
212396 11/19/2024 005769 HARRINGTON INDUSTRIAL PLASTIC 001WA889 06-010289 REPAIRS AND MAINT EXPENSE 1,254.10 Total: 1,254.10
212397 11/19/2024 004961 HERITAGE PRODUCTS, L.LC 19552 06-010229 REPAIRS AND MAINT EXPENSE 441.00 Total: 441.00
212398 11/19/2024 003338 HILLYARD-LOS ANGELES 605636723 06-010197 SUPPLIES EXPENSE 350.93 605639076 06-010197 SUPPLIES EXPENSE 7,174.32
Total: 7,525.25
212399 11/19/2024 001681 HUMAN SERVICES ASSOCIATION 003201-0036 REFUNDABLE DEPOSIT-EVENT 100.00 Total: 100.00
212400 11/19/2024 014026 IBE DIGITAL 471858 12-000487 PROF & CONTRACTUAL SERVICES 14,612.14 471859 12-000487 PROF & CONTRACTUAL SERVICES 58,920.53
471860 12-000487 PROF & CONTRACTUAL SERVICES 69,975.00
Total: 143,507.67
212401 11/19/2024 000676 IDEAL LIGHTING SUPPLY, INC. 125716 06-010230 SUPPLIES EXPENSE 1,111.32 Total: 1,111.32
212402 11/19/2024 000353 INFOSEND, INC. 272294 02-002689 PRINTING/MAILING 4,262.81 Total: 4,262.81
Page: 7
15 vchlist Check List Page: 8
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212403 11/19/2024 008254 JCL TRAFFIC SERVICES 126414 06-010198 STREET SIGNS AND SUPPLIES 229.84 126454 06-010198 STREET SIGNS AND SUPPLIES 501.64
Total: 731.48
212404 11/19/2024 014422 JEFFERSON, KEYONNA 003133-0046 REFUNDABLE DEPOSIT-EVENT 50.00 003143-0144 REFUND-NO SERVICE PROVIDED 259.00
Total: 309.00
212405 11/19/2024 005054 JJ KELLER & ASSOCIATES, INC. 9109563388 PROF & CONTRACTUAL SERVICES 1,095.00 Total: 1,095.00
212406 11/19/2024 001269 JOHN L. HUNTER&ASSOCIATES LYN1 MS412408 06-010278 PROF & CONTRACTUAL SERVICES 3,227.50 Total: 3,227.50
212407 11/19/2024 000001 KING FENCE, INC 51926 06-010233 RENTAL EXPENSE-EVENT 65.50 Total: 65.50
212408 11/19/2024 013785 LO, NATALIA 013785 REIMBURSEMENT-LODGING 647.17 Total: 647.17
212409 11/19/2024 009041 LOYA, RUUD AND ROMO, ATKINSON, 727656 05-001986 PROF & CONTRACTUAL SERVICES 555.00 Total: 555.00
212410 11/19/2024 013395 M&C CONSTRUCTION GROUP INC 3225 06-010302 RENTAL EXPENSE 1,800.00 Total: 1,800.00
212411 11/19/2024 002761 MARCO POWER EQUIPMENT 41212514 06-010234 SUPPLIES, REPAIRS, MACHINERY 64.61 41212515 06-010234 SUPPLIES, REPAIRS, MACHINERY 114.79
41212517 06-010234 SUPPLIES, REPAIRS, MACHINERY 1,212.73 41212522 06-010234 SUPPLIES, REPAIRS, MACHINERY 232.51
41212523 06-010234 SUPPLIES, REPAIRS, MACHINERY 612.86
Total: 2,237.50
212412 11/19/2024 014405 MEDAL, SONIA 533126216 REFUND- PARKING CITATION 40.00 Total: 40.00
212413 11/19/2024 007308 MEEDER PUBLIC FUNDS 54 PROF & CONTRACTUAL SERVICES 3,000.00 Page: 8
16 vchlist Check List Page: 9
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212413 11/19/2024 007308 007308 MEEDER PUBLIC FUNDS (Continued) Total: 3,000.00 212414 11/19/2024 014414 MEZA, STEPHANIE 455127053 REFUND- PARKING CITATION 55.00 Total: 55.00
212415 11/19/2024 007207 MUNI TEMPS 130478 03-000458 PROFESSIONAL SERVICES 3,160.00 Total: 3,160.00
212416 11/19/2024 011922 NORTH STAR LAND CARE 1601-904 06-010204 PROF & CONTRACTUAL SERVICES 28,080.00 1601-905 06-010204 PROF & CONTRACTUAL SERVICES 4,000.00 Total: 32,080.00
212417 11/19/2024 000078 ODP BUSINESS SOLUTIONS,LLC 390558235001 02-002688 OFIICE/OPERATING SUPPLIES. 69.66 Total: 69.66
212418 11/19/2024 014395 ON DEMAND CONTRACTORS INC 1481 06-010307 REPAIR AND REPLACEMENT 34,500.00 Total: 34,500.00
212419 11/19/2024 008307 PHOENIX GROUP INFORMATION SYS 092024204 11-002337 PROF & CONTRACTUAL SERVICES 33,052.87 Total: 33,052.87
212420 11/19/2024 014397 PINON, LIBERTAD 002991-0013 REFUNDABLE DEPOSIT-EVENT 100.00 003054-0120 REFUND-SERVICE NOT PROVIDED 668.00
003139-0021 REFUND-SERVICE NOT PROVIDED 220.00
Total: 988.00
212421 11/19/2024 006281 PROFESSIONAL SECURITY, IN000135241 08-005304 PROF & CONTRACTUAL SERVICES 9,332.54 IN000135243 08-005304 PROF & CONTRACTUAL SERVICES 9,032.94 Total: 18,365.48
212422 11/19/2024 014411 PROVINCIA, ARTURO 44126270 REFUND- PARKING CITATION 124.00 Total: 124.00
212423 11/19/2024 013226 PSI CERTIFIED BACKFLOW 8149 06-010311 REPAIRS AND MAINT EXPENSE 6,827.90 Total: 6,827.90
212424 11/19/2024 001364 ROM ERO, DIANA 001364-103124 REIMBURSEMENT- EVENT 243.80 Page: 9
17 vchlist Check List Page: 10
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212424 11/19/2024 001364 001364 ROMERO, DIANA (Continued) Total: 243.80 212425 11/19/2024 008805 RPW SERVICES, INC. 41871 06-010243 PEST CONTROL 1,800.00 Total: 1,800.00
212426 11/19/2024 010757 SALAZAR RIVERO, YUNUEE 23622944 FEES FOR SERVICES 300.00 25055211 FEES FOR SERVICES 300.00
Total: 600.00
212427 11/19/2024 007205 SANCHEZ AWARDS 2552 05-001994 FEES FOR SERVICES 216.09 2553 05-001994 FEES FOR SERVICES 82.68
Total: 298.77
212428 11/19/2024 010635 SECURITY OF LOS ANGELES, INC 359989 FEES FOR SERVICES 1,456.75 Total: 1,456.75
212429 11/19/2024 007733 SEQUEL CONTRACTORS, INC. 007733-RET-11-05-24 RETENTION 79,678.80 Total: 79,678.80
212430 11/19/2024 008956 SPCALA 202410 11-002348 ANIMAL SHELTER 33,036.00 Total: 33,036.00
212431 11/19/2024 009040 STOTZ EQUIPMENT W36812 06-010244 REPAIRS AND MAINTENANCE 1,615.91 W36931 06-010244 REPAIRS AND MAINTENANCE 805.54
W36932 06-010244 REPAIRS AND MAINTENANCE 970.28
W37270 06-010244 REPAIRS AND MAINTENANCE 2,118.73
Total: 5,510.46
212432 11/19/2024 014408 STUART LEE, COSTELLO 633124482 REFUND- PARKING CITATION 55.00 Total: 55.00
212433 11/19/2024 014104 SYSTEMS CONSTRUCTION, TORRES 014090-RET-110524 RETENTION 41,357.87 Total: 41,357.87
212434 11/19/2024 002938 TAJ OFFICE SUPPLY 05857 08-005287 OPERATING SUPPLIES 16.47 05880 06-010208 OFFICE & OPERATING SUPPLIES 640.42
5884 06-010208 OFFICE & OPERATING SUPPLIES 31.63
Page: 10
18 vchlist Check List Page: 11
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212434 11/19/2024 002938 002938 TAJ OFFICE SUPPLY (Continued) Total: 688.52 212435 11/19/2024 014410 TCK EQUIPMENT LLC 377130466 REFUND- PARKING CITATION 124.00 Total: 124.00
212436 11/19/2024 013215 THE HOME DEPOT PRO SUPPLY WORK 833247075 06-010210 SUPPLIES EXPENSE 2,173.03 Total: 2,173.03
212437 11/19/2024 013215 THEHOMEDEPOTPROSUPPLYWORK 829455013 08-005288 SUPPLIES EXPENSE 81.32 830191722 08-005288 SUPPLIES EXPENSE 224.58
831877766 06-010188 SUPPLIES EXPENSE 21.83
831888201 06-010188 SUPPLIES EXPENSE 225.32
832358360 06-010188 SUPPLIES EXPENSE 89.91
832358402 06-010188 SUPPLIES EXPENSE 273.13
832360267 06-010188 SUPPLIES EXPENSE 524.28
832607006 06-010188 SUPPLIES EXPENSE 233.71
832854202 06-010188 SUPPLIES EXPENSE 41.05
833280399 06-010188 SUPPLIES EXPENSE 634.46
833297104 06-010188 SUPPLIES EXPENSE 333.84
833297807 06-010188 SUPPLIES EXPENSE 122.53
833556582 06-010188 SUPPLIES EXPENSE 407.80
Total: 3,213.76
212438 11/19/2024 000236 THE PROPHET CORPORATION IN404813 08-005305 EQUIPMENT AND SUPPLIES 3,155.36 Total: 3,155.36
212439 11/19/2024 004179 TIERRA WEST ADVISORS, LLC LY-0624C 11-002366 CD CONSUL TING SERVICES 5,532.50 LY-0724 11-002366 CD CONSUL TING SERVICES 16,723.75
LY-0724C 11-002366 CD CONSUL TING SERVICES 3,707.50
LY-0824 11-002366 CD CONSUL TING SERVICES 19,040.00
LY-0824C 11-002366 CD CONSUL TING SERVICES 2,133.75
LY-0924 11-002366 CD CONSUL TING SERVICES 21,280.00
LY-0924C 11-002366 CD CONSUL TING SERVICES 3,277.50
L Y-ECRG-04248 11-002366 CD CONSUL TING SERVICES 6,400.00 L Y-ECRG-042482 11-002366 CD CONSUL TING SERVICES 6,623.00 L Y-ECRG-0524A 11-002366 CD CONSUL TING SERVICES 9,867.50 L Y-ECRG-05248 11-002366 CD CONSUL TING SERVICES 8,493.75 Page: 11
19 vchlist Check List Page: 12
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 212439 11/19/2024 004179 TIERRA WEST ADVISORS, LLC (Continued) L Y-ECRG-052482 11-002366 CD CONSUL TING SERVICES 11 ,390.00 L Y-ECRG-0624A 11-002366 CD CONSUL TING SERVICES 5,271.25 L Y-ECRG-06248 11-002366 CD CONSUL TING SERVICES 8,583.75 L Y-ECRG-062482 11-002366 CD CONSUL TING SERVICES 6,333.75 LY-ECRG-0724A 11-002366 CD CONSUL TING SERVICES 6,480.00 LY-ECRG-07248 11-002366 CD CONSUL TING SERVICES 7,498.75 LY-ECRG-072482 11-002366 CD CONSUL TING SERVICES 4,867.50 LY-ECRG-0824A 11-002366 CD CONSUL TING SERVICES 4,916.25 LY-ECRG-08248 11-002366 CD CONSUL TING SERVICES 8,733.75 LY-ECRG-082482 11-002366 CD CONSUL TING SERVICES 10,320.00 Total: 177,474.25
212440 11/19/2024 001056 TPK SCREENPRINT 3552 FEES FOR SERVICES 2,058.05 Total: 2,058.05
212441 11/19/2024 012294 TRANSTECH ENGINEERS, INC. 20244594 06-010090 PROF & CONTRACTUAL SERVICES 26,844.00 20244595 06-010279 PROF & CONTRACTUAL SERVICES 1,358.00 20244596 06-010090 PROF & CONTRACTUAL SERVICES 5,992.00 20244597 06-010090 PROF & CONTRACTUAL SERVICES 19,919.50 20244598 06-010090 PROF & CONTRACTUAL SERVICES 158.00
20244599 06-010090 PROF & CONTRACTUAL SERVICES 152.00
20244603 06-010279 PROF & CONTRACTUAL SERVICES 1,358.00 20245020 06-010090 PROF & CONTRACTUAL SERVICES 30,832.00 20245021 06-010090 PROF & CONTRACTUAL SERVICES 11,328.00 20245022 06-010090 PROF & CONTRACTUAL SERVICES 11,793.00 20245023 06-010090 PROF & CONTRACTUAL SERVICES 1,064.00 20245746 06-010090 PROF & CONTRACTUAL SERVICES 29,652.00 20245747 06-010090 PROF & CONTRACTUAL SERVICES 2,528.00 20245748 06-010090 PROF & CONTRACTUAL SERVICES 13,213.00 20245749 06-010090 PROF & CONTRACTUAL SERVICES 1,368.00 Total: 157,559.50
212442 11/19/2024 000166 UNDERGROUND SERVICE ALERT/SC 1020240428 06-010184 FEES FOR SERVICES 204.25 24-251382 06-010184 FEES FOR SERVICES 85.06
Total: 289.31
Page: 12
20 vchlist Check List Page: 13
11/12/2024 3:52:34PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 212443 11/19/2024 009742 UNIFIRST CORPORATION 2190250610 06-010212 UNIFORM SERVICE AND SUPPLIES 78.12 2190250611 06-010212 UNIFORM SERVICE AND SUPPLIES 62.47 2190250612 06-010212 UNIFORM SERVICE AND SUPPLIES 199.71 2190250613 06-010212 UNIFORM SERVICE AND SUPPLIES 96.40 2190250614 06-010212 UNIFORM SERVICE AND SUPPLIES 125.92 2190253927 06-010212 UNIFORM SERVICE AND SUPPLIES 78.12 2190253928 06-010212 UNIFORM SERVICE AND SUPPLIES 62.47 2190253929 06-010212 UNIFORM SERVICE AND SUPPLIES 155.15 2190253930 06-010212 UNIFORM SERVICE AND SUPPLIES 96.40 2190253931 06-010212 UNIFORM SERVICE AND SUPPLIES 125.92 Total: 1,080.68
212444 11/19/2024 000461 UNITED RENTALS, INC. 240838825-001 08-005301 EQUIPMENT RENTAL 940.91 Total: 940.91
212445 11/19/2024 007734 USA BLUE BOOK INV00521340 06-010248 SUPPLIES AND MATERIALS 962.25 INV00523546 06-010248 SUPPLIES AND MATERIALS 80.44
INV00523625 06-010248 SUPPLIES AND MATERIALS 26.81
INV00523680 06-010248 SUPPLIES AND MATERIALS 13.40
INV00523718 06-010248 SUPPLIES AND MATERIALS 656.52
INV00523798 06-010248 SUPPLIES AND MATERIALS 109.64
Total: 1,849.06
212446 11/19/2024 014061 VCA ANIMAL HOSPITALS INC 5869746338 11-002338 ANIMAL EMERGENCY VET 323.00 5869746339 11-002338 ANIMAL EMERGENCY VET 2,619.07
5869746877 11-002338 ANIMAL EMERGENCY VET 1,503.56
5869746880 11-002338 ANIMAL EMERGENCY VET 722.66
5869747011 11-002338 ANIMAL EMERGENCY VET 3,000.00
Total: 8,168.29
212447 11/19/2024 014409 VERAQUIJANO, MARIAJOSE 333129539 REFUND- PARKING CITATION 123.78 366125092 REFUND- PARKING CITATION 123.78
377123523 REFUND- PARKING CITATION 145.83
377125507 REFUND- PARKING CITATION 123.78
388123628 REFUND- PARKING CITATION 145.83
388125162 REFUND- PARKING CITATION 123.78
Page: 13
21 vchlist
11/12/2024
Bank code:

Voucher
212447
212448
212449
212450
212451
212452
212453
212454
212455
3:52:34PM
apbank
Date Vendor
11/19/2024 014409 014409 VERAQUIJANO, MARIAJOSE
11/19/2024 002912 WATERLINE TECHNOLOGIES.INC
11/19/2024 000040 WAXIE SANITARY SUPPLY
11/19/2024 000102 WHITE CAP, HD SUPPLY CONST.&
11/19/2024 000181 WHITTIER FERTILIZER COMPANY
11/19/2024 007609 WILLDAN FINANCIAL SERVICES
11/19/2024 013287 WINSTAR DONUTS
11/19/2024 014402 WYATT, DEBRA
11/19/2024 012137 XIO INC.
102 Vouchers for bank code: apbank
Check List
City of Lynwood
Invoice
5713911
5713918
5714913
5714915
82819153
82819300
(Continued)
50028691247
415756
010-59080
010-59398
010-60125
010-60166
010-60254
82 271531172
2022-13231
2022-13268
2022-13309
2022-13348
PO#
06-010185
06-010185
06-010185
06-010185
06-010249
06-010249
06-010252
06-010253
06-010312
11-002357
11-002357
06-010312
06-010313
06-010313
06-010313
06-010313
Description/Account
Total:

OPERATING SUPPLIES

OPERATING SUPPLIES

OPERATING SUPPLIES

OPERATING SUPPLIES
Total:

JANITORIAL SUPPLIES

JANITORIAL SUPPLIES
Total:

SUPPLIES AND MATERIAL
Total:

OPERATING SUPPLIES
Total:

PROF & CONTRACTUAL SERVICES

PROF & CONTRACTUAL SERVICES

PROF & CONTRACTUAL SERVICES

PROF & CONTRACTUAL SERVICES

PROF & CONTRACTUAL SERVICES
Total:

FEES FOR SERVICES
Total:

REFUNDABLE DEPOSIT
Total:

PROF & CONTRACTUAL SERVICES

PROF & CONTRACTUAL SERVICES

PROF & CONTRACTUAL SERVICES

PROF & CONTRACTUAL SERVICES
Total:

Bank total:

Page: 14
Amount
786.78
455.44
472.31
1,467.54
843.41
3,238.70
289.74
1,471.71
1,761.45
578.76
578.76
882.00
882.00
5,950.00
3,563.00
3,370.00
5,950.00
7,600.00
26,433.00
434.20
434.20
100.00
100.00
760.00
760.00
760.00
760.00
3,040.00
1,456,560.39
Page: 14
22 RESOLUTION NO. 2024.xxx

Warrant Registers Dated 11-19-2024

PASSED, APPROVED and ADOPTED this 19th day of November 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

23 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 19th day of November 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 19th day of November 2024.

__________________________ Date: _________________________ Maria Quiňonez,
City Clerk

24 AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Maria Quinonez, City Clerk
China Oseguera, Assistant to the City Clerk
SUBJECT:

PREVIOUS MEETING MINUTES
CC - 10.15.24 - CITY COUNCIL REG. MTG. MINUTES - Submitted 11.19.24.pdf CC - 11.05.24 - CITY COUNCIL REG. MTG. MINUTES - Submitted 11.19.24 - co.pdf Agenda Item # 8.2.

Recommendation:

Staff recommends that the Lynwood City Council approve the following meeting action minutes: October 15, 2024 and November 5, 2024 Regular Meeting Action Minutes.

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

N/A
Coordinated With:

N/A
ATTACHMENTS:

Description
City Council City Council Regular Meeting 25
Lynwood City Council Regular Meeting
October 15, 2024
Action Meeting Minutes

01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 on the above date at 6:00p.m.

An audio recording of this meeting is available on the City's Web Portal: Audio (laserfiche.com).

Meeting called to order at 6:00 p.m.

Mayor Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
ABSENT: NONE
STAFF PRESENT:

Interim City Manager Lee, City Attorney Tapia, City Treasurer Cuellar, City Clerk Quiňonez, Community Development Director Linares, Human Resources Director Matson, Interim Public Works Director Ahmad Ansari, Recreation Director Flores and Technology Director Han.

04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers.

05. INVOCATION
The invocation was offered by City Clerk Quiňonez.

06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
26 • City Videos.
• Proclamations.

07. COUNCIL RECESS TO:

City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency MOTION: It was moved by Mayor Pro Tem Soto, seconded by Council Member Camacho to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:25 p.m. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Housing Authority
MOTION: It was moved by Commissioner Camacho, seconded by Vice Chair Soto to recess to the Lynwood Housing Authority at 6:27 p.m. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COMMISSIONERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

VICE CHAIR SOTO AND CHAIR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Utility Authority
MOTION: It was moved by Member Camacho, seconded by Vice President Soto to recess to the Lynwood Utilit y Authority at 6:28 p.m. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: MEMBERS CAMACH O, FLORES, MUÑOZ-GUEVARA, VICE

PRESIDENT SOTO AND PRESIDENT SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

27 Lynwood Public Financing Authority
MOTION: It was moved by Vice Chair Soto, seconded by Commissioner Camacho to recess to the Lynwood Public Financing Authority at 6:30 p.m. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COMMISSIONERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

VICE CHAIR SOTO AND CHAIR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council reconvened to the regular City Council meeting at 6:32 p.m.

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
The following individual(s) addressed City Council: Ms. Amanda Sibley and Ms.

Christina Long. Mr. Erick Medal presented a written comment. Twenty-five written comments received after the September 17 2024 meeting regarding item 10.1, and were provided to City Council Members.

Public Hearings

08.01. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FY 2023-24

MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro Tem Soto to open the public hearing. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro Tem Soto to close the public hearing. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE 28
MOTION: It w as moved by Mayor Pro Tem Soto , s econded by Council Member Flores to approve the item. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved Consolidated Annual Performance and Evaluation Report (CAPER)

08.02. ADOPTION OF A NEW ENVIRONMENTAL JUSTICE ELEMENT AND UPDATE TO THE SAFETY ELEMENT: GENERAL PLAN AMENDMENT NO. GPA 2024-02

AND RESOLUTION TO AMEND THE LYNWOOD MUNICIPAL CODE IN ORDER TO ADOPT AND UPDATE THE LYNWOOD GENERAL PLAN 2021 -2029 ENVIRONMENTAL JUSTICE ELEMENT AND THE SAFETY ELEMENT.

MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro Tem Soto to open the public hearing. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

MOTION: It was moved by Council Member Camacho, se conded by Mayor Pro Tem Soto to close the public hearing. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Council Member Flores, seconded Council Member Munoz-Guevera to approve the item. Motion carried by the fol lowing 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

29 Approved and Adopted RESOLUTION NO. 2024.125
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING GENERAL PLAN AMENDMENT NO. GPA 2024 -02 TO

UPDATE THE SAFETY ELEMENT AND ADOPT AN ENVIRONMENTAL JUSTICE

ELEMENT TO THE GENERAL PLAN

Consent Calendar
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 be removed from the Consent Calendar for separate action.

Council Member Munoz-Guevara pulled item number 09.07 for discussion.

MOTION: It was moved Council Member Camacho, seconded by Mayor Pro Tem Soto to approve the balance of the consent calendar. Motion carried by 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

09.01. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2024.126

ENTITLED: City of Lynwood warrant register dated October 15,2024 for FY 2024-2025.

09.02. PREVIOUS MEETING MINUTES
Approved October 1, 2024 Regular Meeting and Closed Session Regular Meeting Action Minutes.

09.03. APPROVAL OF A THIRD AMENDMENT TO MUNITEMPS STAFFING

AGREEMENT TO PROVIDE TEMPORARY STAFFING SERVICES IN THE CITY

CLERK'S OFFICE
Approved and Adopted RESOLUTION NO. 2024.127 AND THIRD

AMENDMENT AGREEMENT WITH MUNITEMPS FOR

TEMPORARY STAFFING SERVICES

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD TO APPROVE THE THIRD AMENDMENT AGREEMENT WITH

MUNITEMPS FOR TEMPORARY STAFFING SERVICES

30 09.04.APPROVE DMC ENGINEERI NG INC, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE REHABILITATIO N OF THE CITY’S THREE (3) WATER T OWERS FOR THE CITY OF LYNWOOD PROJECT NO. (6302|1011.68.150).

Approved and Adopted RESOLUTION NO 2024.128 AND AGREEMENT WITH DMC ENGINEERING INC.

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD APPROVING DMC ENGINEERING INC, TO PROVIDE

ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR REHABILITATION OF THE CITY’S THREE
(3) WATER TOWERS FOR A TOTAL AMOUNT OF $64,000.00” (6302|1011.68.150).

09.05. PROJECT ACCEPTANCE FOR THE SEWER SYSTEM IMPROVEMENTS FOR FY 2023-2024 CIP PROJECT NOS. 4011.68.095 AND 4011.68.096 Approved and Adopted RESOLUTION NO. 2024.129

ENTITLED: A RE SOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD ACCEPTING THE SEWER SYSTEM IMPROVEMENTS FOR FY
2023-2024 CIP PROJECT NOS. 4011.68.095 AND 4011.68.096 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.

09.06. APPROVAL OF THE THIRD AMENDMENT TO THE AGREEMENT WITH

NATIONWIDE ENVIRONMENTAL SERVICES FOR THE MAINTENANCE OF

CATCH BASINS
Approved and Adopted RESOLUTION NO 2024.130 AND THIRD

AMENDMENT TO THE AGREEMENT WITH

NATIONWIDE ENVIRONMENTAL SERVICES

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD APPROVING THE THIRD AMENDMENT TO THE AGREEMENT

WITH NATIONWIDE ENVIRONMENTAL SERVICES FOR T HE MAINTENANCE OF CATCH BASINS, EXTENDING THE TERM FOR AN ADDITONAL ONE (1) YEAR

09.07. AWARD OF CONTRACT TO FEHR & PEERS FOR THE PLANNING &

ENGINEERING SERVICES FOR THE DEVELOPMENT OF LYNWOOD VISION ZERO ACTION PLAN CIP NO (2101|3485.68.139)
MOTION: It was moved by Council Member Flores, seconded by Council Member Munoz-Guevara to approve the item. Motion carried by following 5/0 vote.

31 ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2024.131 AND CONTRACT WITH

FEHR & PEERS

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD AWARDING A CONTRACT TO FEHR & PEERS FOR PLANNING &

ENGINEERING SERVICES FOR THE DEVELOPMENT OF LYNWOOD VISION ZERO ACTION PLAN CIP NO (2101|3485.68.139)

09.08. AWARD OF CONTRACT TO KIMLEY -HORN AND ASSOCIATES, INC. FOR

PLANNING AND ENGINEERING SERVICES FOR THE PREPARATION OF THE LOCAL ROAD SAFETY PLAN (LRSP) CIP NO (2351|3265.68.147) Approved and Adopted RESOLUTION NO 2024.132 AND CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC.

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD AWARDING A CONTRACT TO KIMLEY -HORN AND ASSOCIATE S, INC. FOR PLANNING AND ENGINEERING SERVICES FOR THE

PREPARATION OF THE LOCAL ROAD SAFETY PLAN (LRSP) CIP NO (2351|3265.68.147)

New/Old Business

10.01. SECOND READING AND ADOPTION OF ORDINANCE NO. 1783 READING BY

TITLE ONLY AND WAIVE FULL READING OF THE ORDINANCE APPROVING

THE FI RST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH

LYNWOOD SPRINGS, LLC
MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem Soto to approve the item. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
32 Approved and Adopted ORDINANCE NO. 1783

ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

APPROVING THE FIRST AMENDMENT TO THEDEVELOPMENT AGREEMENT

WITH LYNWOOD SPRINGS, LLC FOR THE DEVELOPMENT O F THE
COMMERICAL PROPERTY LOCATED AT 11600 LONG BEACH BOULEVARD

ADJOURNMENT
At 6:54 p.m., it was moved by Mayor Pro Tem Soto, seconded by Council Member Camacho to adjourn the Regular Lynwood City Council Meeting.

Maria Quiňonez, City Clerk José Luis Solache, Mayor

33 Lynwood City Council Regular Meeting
November 5, 2024
Action Meeting Minutes

01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 on the above date at 6:00p.m.

An audio recording of this meeting is available on the City's Web Portal: Audio (laserfiche.com).

Meeting called to order at 6:01 p.m.

Mayor Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
ABSENT: NONE
STAFF PRESENT:

Interim City Manager Lee, City Attorney Tapia, City Treasurer Cuellar, City Clerk Quiňonez, Community Development Director Linares, Human Resources Director Matson, Interim Public Works Director Ansari, Recreation Director Flores and Technology Director Han.

03. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers.

05. INVOCATION
The invocation was offered by City Clerk Quiňonez.

06. PRESENTATIONS/PROCLAMATIONS
• Kid Mayor 2024
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
• City Videos.
• Proclamations.

34 07. COUNCIL RECESS TO:

City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency MOTION: It was moved by Council Member Munoz-Guevara, seconded by Council Member Flores to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6: 23 p.m. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE

NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Lynwood Public Financing Agency
MOTION: It was moved by Member Camacho, seconded by Vice President Soto to recess to the Lynwood Public Financing Agency at 6:34 p.m. Motion carried by the following 5/0 vote.

ROLL CALL:

AYES: MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA, VICE

PRESIDENT SOTO AND PRESIDENT SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council reconvened to the regular City Council meeting at 6:26 p.m.

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE

35 Consent Calendar
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 be removed from the Consent Calendar for separate action.

08.01. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2024.133

ENTITLED: City of Lynwood warrant register dated November 05, 2024 for FY 2024-2025. (FIN)

08.02. TREASURER'S QUARTERLY REPORT
Received and Filed Treasurer's Quarterly Investment Report

08.03. FIRST QUARTER FINANCIAL REPORT, FISCAL YEAR 2024-25 Received and Filed FIRST QUARTER FINANCIAL REPORT, FISCAL YEAR 2024-25

08.04. SECOND AMENDMENT TO THE SECURITY SERVICES AGREEMENT Approved and Adopted RESOLUTION NO 2024.134 AND SECOND

AMENDMENT TO SECURITY SERVICES

AGREEMENT WITH PROFESSIONAL SECURITY

CONSULTANTS
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE, IN A

FORM SATISFACTORY TO THE CITY ATTORNEY, THE SECOND

AMENDMENT TO THE SECURITY SERVICES AGREEMENT WITH

PROFESSIONAL SECURITY CONSULTANTS EXTENDING THE AGREEMENT THROUGH JANUARY 31, 2025

08.05. ACCEPTANCE AND APPROVAL OF THE P ROPOSITION A DISCRETIONARY

INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR

COLLECTING AN AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2022

Approved and Adopted RESOLUTION NO. 2024.135 AND Memorandum of Understanding (MOU) with the Los Angeles County
Metropolitan Transportation Authority (LACMTA)

36 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD ACCEPTING AND APPROVING THE PROPOSITION A

DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF

UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2022

08.06. AWARD OF CONTRACT TO ACE ELECTRIC INC. FOR THE LYNWOOD CITY PARK BASEBALL FIELD LIGHTING PROJECT CIP NO. 3533.68.148 Approved and Adopted RESOLUTION NO. 2024.136 AND CONTRACT TO ACE ELECTRIC INC.

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO ACE ELECTRIC INC. FOR THE LYNWOOD CITY PARK BASEBALL FIELD LIGHTING PROJECT CIP NO. 3533.68.148; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT

AMENDMENTS RELATED TO THE PROJECT AND AUTHORIZING THE MAYOR

TO EXECUTE THE AGREEMENT

08.07. FOURTH AMENDMENT TO A PROFES SIONAL SERVICE AGREEMENT WITH

RAMBOLL FOR THE CONTINUED ADVISORY AND IMPLEMENTATION

SERVICES INCLUDING COMPLETION OF A REMEDIAL ACTION PLAN ("RAP") AND REMEDIATOIIN OF ENVIRONMENTALLY IMPACTED AREAS AT AND AROUND 11600 LONG BEACH BOULEVARD BASED ON THE

AWARD OF THE DTSC-ECRG GRANT
Approved and Adopted RESOLUTION NO. 2024.137 AND FOURTH

AMENDMENT TO A PROFESSIONAL SERVICE

AGREEMENT WITH RAMBOLL

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

AUTHORIZING THE FOURTH AMENDMENT TO A PROFESSIONAL SERVICE

AGREEMENT WITH RAMBOLL TO EXTEND THE TERM OF THE AGREEMENT

AND INCREASE THE ALLOCATION TO A NOT TO EXCEED AMOUNT OF $193,257.53 FOR ENVIRONMENTAL SERVICES RELATED TO THE SCOPE OF WORK OUTLINED IN THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL –

EQUITABLE COMMUNITY REVITALIZATION GRANT (DTSC -ECRG) AT PROPERTY LOCATED AT AND AROUND 11600 LONG BEACH BOULEVARD BASED ON THE AWARD AND CONTRACT OF THE DTSC- ECRG GRANT; AND, ALLOCATE AN APPROPRIATION FROM THE 11600 LONG BEACH

DTSC-ECRG ACCOUNT TO COVER COST OF SAID PROFESSIONAL SERVICE AGREEMENT.

37 ADJOURNMENT
At 6:33 p.m., it was moved by Mayor Solache, seconded by Council member Camacho to adjourn the Regular Lynwood City Council Meeting in memoriam of Mr. Linares, brother to Community Development Director Gabriel Linares.

__________________________ ___________________________ Maria Quiňonez, City Clerk José Luis Solache, Mayor

38 AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Mark Flores, Director of Recreation & Community Services SUBJECT:

APPROVAL OF EVENT STREET CLOSURES AND USE OF
DESIGNATED PUBLIC AREAS FOR THE 2025 LYNWOOD 5K/10K

RUN/WALK
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 AUTHORIZING THE 2025 LYNWOOD 5K/10K RUN/WALK PROGRAM AND RELATED, TEMPORARY CLOSURES OF CITY STREETS AND PUBLIC AREAS .”
Background:

The City of Lynwood is partnering with the Lynwood Partners Educational Foundation (LPEF) to present the 2025 Lynwood 5K Run/Walk event to take place on May 10, 2025 on Lynwood city streets. In continuing the success of the 2022-2024 events, the 2025 event will provide a significant community-building program that also raises funds to support scholarships and student support programs directly benefitting Lynwood youth. Staff is requesting authority from the City Council to temporarily close designated streets and public areas directly used for the event.

Discussion and Analysis:

Over the span of the last 40 years, the City of Lynwood has offered 5K program opportunities to Lynwood residents. From 1984 through the early 1990s and a one-time revival in 2010, the City partnered with St. Francis Medical Center (SFMC) on the famed Nun Run
. Then, in 2012
the City sponsored two 5K events (February with SFMC and a City event in November). More recently, the City supported the Lynwood Sheriff’s Century Station 5K events in 2013 and in 2015.

City Council City Council Regular Meeting 39
Furthermore, running has traditionally been a sport that Lynwood youth have excelled at – with over 1,000 local youth participating each year in the City-led “All City” Track Meets each Spring. As exemplified by the City’s recent recognition of 2024 Track & Field Olympian and former Lynwood youth program participant Kyree King, our community has a storied history of local youth going on to compete in national youth-level, college-level and professional ranks.

Mindful of the positive impact and the importance of recreational opportunities to the community, the City has long supported continuing to offer these types of events. However, due to the substantial personnel and budgetary resources needed to produce a large-scale 5K/10K event, the City is currently unable to produce a 5K/10 event on its own. Partnering with a qualified, local-benefit agency is the most efficient and cost-effective event production method for this type of event.

For the fourth consecutive year, the City will partner with the Lynwood Partners Educational Foundation (LPEF) - the charitable foundation of the Lynwood Unified School District (LUSD) - to produce a community 5K/10K Run/Walk in 2025 (on May 10, 2025). The aim is to bring a yearly, large-scale community-building event that raises funds for Lynwood student scholarships and academic support programs. A successful partnership with the LPEF is an excellent opportunity to bring an on-going 5K/10K event to our community, while saving the City the significant resources needed to self-produce an event.

2022 5K Event:

Registered Race Participants 350
Event Revenues
(Sponsorships + Registration Fees) $38,407

2023 5K/10K Event:

Registered Race Participants 525
Event Revenues
(Sponsorships + Registration Fees) $50,595

2024 5K/10K Event
Registered Race Participants 850+
Event Revenues
(Sponsorships + Registration Fees) ≈$70,000
City Council City Council Regular Meeting 40
RESOLUTION - 2025_Lynwood_Run_Walk_LPEF_5K10K_Street_Closure.doc

Through adoption of the accompanying resolution, staff recommends that the City Council authorize staff to (a) partner with the LPEF to produce the 2025 5K/10K event, (b) finalize, designate and reserve an appropriate race course on City streets and, (c) waive all special event and facility use permit fees as the City is the co-presenter of the 2025 event.

Fiscal Impact:

Funding to support the proposed event was already approved within the adopted FY 2024- 2025 City Budget. No additional funds are being requested with the recommended action.

Coordinated With:

City Attorney’s Office
Department of Finance and Administration
Department of Public Works
ATTACHMENTS:

Description
City Council City Council Regular Meeting 41
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE 2025 LYNWOOD 5K/10K RUN/WALK PROGRAM AND

RELATED, TEMPORARY CLOSURES OF CITY STREETS AND PUBLIC
AREAS
WHEREAS, the City of Lynwood wishes to partner with the Lynwood Partners Educational Foundation (LPEF) to develop, co-present and execute the fourth annual 2025 Lynwood 5K/10K Run/Walk program to take place on Saturday, May 10, 2025; and
WHEREAS, the Lynwood City Council recognizes the significant benefits of a community 5K/10K Run/Walk program, including, but not limited to the promotion of healthy lifestyles, a community-building activity and the fundraising of much needed dollars to support the academic needs of Lynwood youth; and WHEREAS, it is estimated that the 2025 Lynwood 5K/10K Run/Walk program will serve over 1,000 race participants and 2,000 event visitors; and

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

Section 1. The City Council 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.

Section 2. The City Council further finds that the program and the City’s support serves the important public purpose of presenting a substantially beneficial community-building event for Lynwood residents.

Section 3. The City Council further authorizes the City Manager to direct staff to complete the program as presented.

Section 4. The City Council approved and included the City’s share of 2025 Lynwood 5K/10K event costs as part of its adopted Fiscal Year 2024- 2025 Budget and is estimated to be distributed as follows:
 Sheriff’s Department Support Services $9,000
 Materials, Supplies & Rentals $7,000
 City Staff Time $4,000
Section 5. The Lynwood City Council recognizes the significant public benefit of a City-supported 5K/10K Run/Walk event in 2025 and waives all applicable City special event permit and facility use fees and authorizes staff to provide appropriate support services to the event, including the event-related closures of City streets that comprise the final event course and the event’s public gathering areas. 42 Section 6. The Mayor is authorized to execute this Resolution for and on behalf of the City of Lynwood.

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

PASSED, APPROVED AND ADOPTED THIS 19th day of November 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 Mark Flores, Director of Recreation & Community Services
43 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
44 AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Ahmad Ansari, Public Works Oversight
SUBJECT:

APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION

TO SOLICIT BIDS FOR SLURRY SEAL IMPROVEMENTS AND
THORSON AVENUE ALLEY DRAINAGE PROJECT FY 24-25 (CIP NO. 2121|2357|2352|9053|9056.68.141)
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 APPROVING PLANS

AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF NOTICE INVITING

BIDS FOR THE SLURRY SEAL IMPROVEMENTS AND THORSON ALLEY DRAINAGE PROJECT FY 24-25 (CIP NO. 2121|2357|2352|9053|9056.68.141).” Background:

The City’s capital projects are long-term infrastructure investments included in the Annual Capital Improvement Projects (CIP) Plan, covering water, sewer, streets, parks, recreational amenities, and facilities. At the June 26, 2024, City Council meeting, the updated second year (Fiscal Year 2024-25) Budget was approved. At the August 20, 2024, meeting, the City Council approved the Annual Street Improvement Program, which included the segments for the Slurry Seal Improvements Project Fiscal Year (FY) 24-25.

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. City staff reached out to its on-call design engineering firms to request proposals for the design of the Slurry Seal Improvements Project.

City Council City Council Regular Meeting 45
After consideration, the contract was awarded to Infrastructure Engineers, a Bowman Company. The team at Infrastructure Engineers has successfully completed the plans, specifications, and engineer's estimate for the project and are ready to be published for bidding. As well, staff has received multiple requests for a stormwater flooding issue located near the cul-de-sac at Palm Avenue east of Muriel Drive. Staff has conducted an analysis of the location and determined the issue was caused by a lack of a proper stormwater drainage system behind Palm Avenue on the Thorson Avenue alley. The design for the drainage system has been completed by Infrastructure Engineers and will be included as part of the Slurry Seal Improvement FY 24-25 project.

Discussion and Analysis:

The design for the Slurry Seal Improvements FY 24-25 project (Project) has been completed and reviewed. The work is more specifically defined in the contract documents, but in general consists of, but is not limited to: citywide slurry seal, crack sealing, striping, including pavement cold milling and overlay. The project limits for the slurry seal are as follows:

Segment
From
To
Abbott Road
Martin Luther King Jr
Boulevard
San Juan Avenue
Abbott Road
Alexander Avenue
Hunt Avenue
Abbott Road
Standard Avenue
Sampson Avenue
Abbott Road
San Juan Avenue
San Miguel Avenue
Abbott Road
Sampson Avenue
Pine Avenue
Abbott Road
Pine Avenue
Atlantic Avenue
Abbott Road
San Miguel Avenue
Otis Street
Abbott Road
Otis Street
Alexander Avenue
Abbott Road
Atlantic Avenue
City Limit
Louise Avenue
EOP
Lavinia Avenue
Louise Avenue
Lavinia Avenue
Clark Street
Atlantic Avenue
Josephine Street
Agnes Avenue
Atlantic Avenue
Agnes Avenue
Lavinia Avenue
Atlantic Avenue
Lavinia Avenue
Carlin Avenue
Atlantic Avenue
Carlin Avenue
Arlington Avenue
Atlantic Avenue
Arlington Avenue
City Limit

The project will also include the construction of a new concrete drainage system located on the Thorson Alley between Carlin Avenue and Orchard Street.

City Council City Council Regular Meeting 46
The Notice Inviting Bids specifications indicate that the contractor shall complete all work in approximately sixty (60) calendar days. Upon Council approval and authorization, staff will upload the proposal documents for advertisement on PlanetBids. Bidders will be able to view and download the project documents, addendums (if any), and submit their bid proposal for review. The lowest responsible responsive bidder will then be recommended to City Council for awarding of the project.

The bid schedule is as follows:

Release Date November 20, 2024

Last Date to Submit RFI Questions December 6, 2024, at 5:00 PM

Bid Due Date December 17, 2024, at 10:00 AM

City Council Awarding Date *Tentative January 7, 2024

Project Budget

The estimated project expenditures are as follows*:

Engineer Estimated Construction Cost
$648,029
Contingency (10%)
$64,803
Construction Management & Inspection (10%)
$64,803
Labor Compliance and other related cost (5%)
$32,401
Project Management (8%)
$51,964
Total Estimated Construction Cost
$862,000
* This may change based on the outcome of the actual bids.

The City’s FY 24-25 CIP budget includes $900,000 of the following funds for this project:

City Council City Council Regular Meeting 47

11.19.24 Auth to Bid Slurry FY 24-25 (Resolution) PWD.docx NIB-Slurry Seal and Thorson -Final.pdf

(9056) 2020 LEASE REVENUE BONDS
$312,537.11
(2121) SB1
$187,462.89
(2357) MEASURE M BONDS
$9,029.51
(2352) MEASURE R
$200,000.00
(9053) 2017 LEASE REVENUE BONDS
$190,970.49
FY 24-25 Approved Budget
$900,000
Fiscal Impact:

The City’s proposed FY 24-25 CIP budget for this Project is $900,000. No additional funding is needed.

Coordinated With:

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

Description
City Council City Council Regular Meeting 48
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE

ADVERTISEMENT OF NOTICE INVITING BIDS FOR THE SLURRY SEAL IMPROVEMENTS AND THORSON ALLEY DRAINAGE PROJECT FY 24-25 (CIP NO. 2121|2357|2352|9053|9056.68.141)
WHEREAS, at the August 20, 2024, meeting, the City Council approved the Annual Street Improvement Program, which included the segments for the Slurry Seal Improvements Project FY 24-25; and
WHEREAS, City staff reached out to its on-call design engineering firms to request proposals for the design of the Slurry Seal Improvements and Thorson Avenue Alley drainage project (Project) and awarded the design contract to Infrastructure Engineers, a Bowman company; and
WHEREAS, the team at Infrastructure Engineers has successfully completed the plans, specifications, and engineer's estimate for the Project; and WHEREAS, the Project scope of work includes but is not limited to citywide slurry seal, crack sealing, striping, including pavement cold milling and overlay and the construction of a new concrete drainage system located on the Thorson Alley; and WHEREAS, the City’s FY 24-25 CIP budget includes $900,000 of the following funds for this project: 2020 Lease Revenue Bonds - $312,537.11, SB1 - $187,462.89, Measure M Bonds - $9,029.51, Measure R - $200,000, 2017 Lease Revenue Bonds - $190,970.49; and
WHEREAS, the estimated construction cost is $862,000; and WHEREAS, no additional appropriation is needed at this time.

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

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

Section 2. That the City Council approves the plans and specifications for the Slurry Seal Improvements Project FY 24-25 (CIP No.
2121|2357|2352|9053|9056.68.141).

Section 3. That the City Council authorizes staff to advertise a Notice Inviting Bids for the Slurry Seal Improvements Project FY 24-25 (CIP No. 2121|2357|2352|9053|9056.68.141).
49 2
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 5. 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 adoption.
(Signatures on Next Page)
50 3
PASSED, APPROVED and ADOPTED this 19th day of November 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
51 4

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 19th day of November 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 of Resolution No.XXX.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 19th day of November 2024.

Maria Quinonez, City Clerk
52 City of Lynwood

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025
PROJECT 2121|2357|2352|9053|9056.68.141

THORSON AVENUE BETWEEN E OLANDA STREET AND CARLIN AVENUE Public Works Department
Bid Date: December 17, 2024, at 10:00 AM
Infrastructure Engineers/Bowman
For the City of Lynwood
53 Jose Luie So
lache
MAYOR
Rita Soto Oscar Flores
Mayor Pro-Tempore Council Person
Gabriela Camacho Juan Munoz-Guevara
Council Person Council Person
Julian Lee
Interim City Manager
Mir T. Fattahi, MsCE, P.E.

Contract City Engineer, City of Lynwood
54 CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

THORSON AVENUE ALLEY DRAINAGE PROJECT

THORSON AVENUE BETWEEN E OLANDA STREET AND CARLIN AVENUE

ANNUAL SLURRY SEAL PROJECT
FY 2025

IN THE CITY OF LYNWOOD, CALIFORNIA
PROJECT NO. 2121|2357|2352|9053|9056.68.141
FY 2025
November 20, 2024
(Date of authorization to solicit bids)
Prepared By:

INFRASTRUCTURE ENGINEERS/BOWMAN
55 CITY OF LYNWOOD

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025
PROJECT NO. 2121|2357|2352|9053|9056.68.141
The Special Provisions contained in these Contract Documents have been prepared by, or under the direct supervision of, the following Registered Civil Engineer:

Engineer: Chris Ley, P.E
Title: Senior Project Manager
Name of Firm or Agency: Infrastructu re Engineers/Bowman Approved By:
_____________________________________________________

Mir. T. Fattahi, MsCE, P.E.

Contract City Engineer
56 CITY OF LYNWOOD

CONTRACT DOCUMENTS

TABLE OF CONTENTS
PART 1 -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS
Section 1.1 Notice Inviting Bids

1.2 Instructions to Bidders

1.3 Bid Documents

1.3.1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder’s General Information

1.3.8 Bidder’s Insurance Statement

1.4 Agreement and Bonds

1.4.1 Agreement Form

1.4.2 Performance Bond

1.4.3 Payment Bond

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

2.2 Scope and Control of Work

2.3 Changes in Work

2.4 Control of Materials

2.5 Utilities

2.6 Prosecution, Progress, and Acceptance of the Work

2.7 Responsibilities of the Contractor

2.8 Facilities for Agency Personnel

2.9 Measurement and Payment

2.10 Construction Details (Materials and Methods)
PART 3 -- TECHNICAL PROVISIONS
PART 4 -- APPENDICES
Section 4.1
Appendix A – Department of Industrial Relations (DIR)
Contractor Registration Number Form

4.2 Appendix B – List of Tr affic Striping and Marking, Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities

4.3 Appendix C – Standard Plan s for Public Works Construction ( S P P W C S t a n d a r d s . )

4.4 Appendix D – Contra ct Change Order (CCO) Form

4.5 Appendix E – Subs titution Request Form
57 4.6 Appendix F – L abor Code Secti ons 1771, 1775, 1777.5, 1813 a n d 1 8 1 5

4.7 Appendix G – Project Sign

4.8 Appendix H – Trash Collection Schedule

4.9 Appendix I – Engin eering and / or Architectural Plans (Contract Drawings)
58 CITY OF LYNWOOD

1.1 NOTICE INVITING BIDS

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PR OJECT
FY 2025
PROJECT NO. 2121|2357|2352|9053|9056.68.141

1.1.1 NOTICE IS HEREBY GIVEN that bids for the THORSON AVENUE ALLEY DRAINAGE PROJECT AND ANNUAL SLURRY SEAL PROJECT FY 2025 will be received by the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262 until December 17, 2024 @ 10:00am., at which time they will be published on PlanetBids. The form of the bids shall be in accordance with the Instructions to Bidders, and any bids received after the time and date specified above will not be accepted.

All Questions should addressed to the attention of Mr. Mir T. Fattahi (Contract City Engineer) on PlanetBids by 12/6/2024 @ 5:00pm

1.1.2 WITHDRAWAL OF BIDS. No Bidder shall wit hdraw its bid for a period of sixty (60) days after the Bids have been publicly opened, subject to the exceptions set forth in Section 5103 of the California Public Contract Code.

This sixty (60) day review period may be extended upon t he written request of the Engineer, and written approval of the affected Bidders.

1.1.3 DESCRIPTION OF THE WORK: The Work encompassed by the Project is more specifically defined in the Contract Documents, but in general consists of, but is not limited to, the following Work: Street resurfacing, and partial replacement of concrete sidewalks, curb and gutters, driveways approaches, and curb ramps, traffic signing, striping improvements. The Work is to be completed before the expiration of 60 CALENDAR DAYS from the date specified in a written “Notice to Proceed” from the City. The Engineer’s Cost Estimate is $712,832.00

1.1.4 AWARD OF CONTRACT:
(a)
The City of Lynwood shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. Whenever additive or deductive items are included in a bid, the lowest bid shall be the lowest Total Bid Price on the Base Bid without consideration of the bid prices on any additive or deductive items. The City of Lynwood reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process to the extent permitted by law.
(b)
As a condition of award, the successful bidder will be required to submit payment and performance bonds and
proof of insurance and endorsements as specified in the Contract Documents.

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

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

1.1.7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates and the latest revisions thereto are on file at the City Engineer’s Office of the City of Lynwood located at 11330 Bullis Road, Lynwood, California 90262.

The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site.

1.1.7a NOTICE REQUIREMENTS:
59 a. No co
ntractor 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 li
mited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. b. No co
ntractor or subcontractor may be awarded a contract for public work on a public works project (awarded o
n or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Cod
e section 1725.5.
c. This proje
ct is subject to compliance monitoring and enforcement by the Department of Industrial Relatio
ns.
d. The contra
ctors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner.

1.1 .8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code.

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

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

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

BY ORDER OF THE CITY COUNCIL, CITY OF LYNWOOD, CALIFORNIA Maria Quiñónez, CITY CLERK
Date:

November 20, 2024
City
of Lynwood
____________________________________________________
Mir T. Fattahi, MsCE, P.E.

Contract City Engineer
60 CITY OF LYNWOOD

1.2 INSTRUCTIONS TO BIDDERS
1 .2.1 DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General Provisions of the Standard Specifications for Public Works Construction (the “Greenbook”) latest Edition and the Special Provisions of the Contract Documents. The term "Bidder" shall mean one who submits a Bid directly to the City of Lynwood as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. “Bid Documents” shall consist of those documents listed in Section 1.3 hereof.

1.2.2 COMPETENCY OF BIDDERS - In selecting the Lowest Responsible Bidder under the procedure set forth in Subsection

1.2.18 of these Instructions, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's recent experience on the form entitled "Bidder's General Information," bound herein. Résumés of key construction personnel who will be assigned to the Work shall also be required. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of opening Bids.

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

1.2.4 BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE - (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or perfor mance of the Work; study and ca refully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents.
(b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Do cuments. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder.
(c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request.

Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequac y of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or which otherwise may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration.
(h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Plans (Contract Drawings) of the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise specified in the Contract Documents. 61 (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with ev
ery requirement of this Section; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that t he Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work.

1.2.5 INTERPRETATIONS - All questions about the meaning or intent of th e Contract Documents shall be in writing and hand- delivered or mailed to the Engineer at the City of Lynwood, Public Works Dept., 11330 Bullis Road, Lynwood, California 90262.

Faxes and e-mails will not be accepted. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or hand-delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

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

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

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

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

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

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

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

6. The Bidder fails to provide written acknowledgement of receipt of all Bid Addenda. 7 Other reasons as permitted by applicable law.

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

1.2.8 DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the Bid Schedule, and failure to do so shall render the Bid non-responsive and shall cause its rejection. In the event that there are Unit Price Bid Items in a Bid Schedule and the Item Amount listed for a Unit Price Bid Item does not equal the product of the Unit Price and the Estimated Quantity listed, the Unit Price shall govern, and the Item Amount will be adjusted accordingly. In the event that there is more than one Bid Item in a Bid Schedule and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box does not agree with the sum of prices listed in the “Item Amount” column, the prices listed in the “Item Amount” column on the Bid Schedule shall govern, and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box will be adjusted accordingly. The Contractor shall be bound by the foregoing adjustments, subject to the provisions of Section 5100 et seq. of the California Public Contract Code.

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

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

1. 2.11 RELIEF OF BIDDERS. – A Bidder shall be permitted to withdraw a Bid after the opening of Bids only if the bidder established to the satisfaction of the Engineer, all of the elements set forth in Section 5103 of the California Public Contract Code, including, but not limited to the following:

1. A clerical error was made by the Bidder in filling out the Bid, and the error was not due to error in judgment or carelessness in inspecting the site of the Work, or in reading the Plans or Specifications. 62 2. The clerical error caused the Bid to be materially different than the Bidder intended the Bid to be.

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

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

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

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

1.2.15 DETERMINATION OF LOWEST RESPONSIBLE BIDDER –
(a) The Engineer shall first establish the “Apparent Lowest Bidder,” using the Total Bid Price set forth in the applicable Bid Schedule(s), subject to the calculation adjustment criteria set forth in Section 1.2.11 of these Instructions. (b) After the Apparent Lowest Bidder has been established, the Engineer shall review the balance of the Bid Documents submitted by the Apparent Lowest Bidder to ascertain if that Bidder’s bid is responsive. In general, a bid is considered responsive if it has been completed and submitted in accordance with all of the requirements of the Bid Documents, Notice Inviting Bids, Instructions to Bidders, Special Provisions and any Bid Addenda. (c) If the Bid submitted by the Apparent Lowest Bidder is responsive, that Bidder’s qualifications will be reviewed by the Engineer to ascertain if the Bidder is responsible. A responsible bidder is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the Work required by the Contract Documents. Consideration will be given to the quality and performance of work on past contracts, including previous work (if any) performed by the Bidder for the City. (d) If the Engineer ascertains that the Apparent Lowest Bi dder is responsible and has submitted a responsive bid, the Engineer shall report his findings to the City Council with a recommendation that the Bidder be awarded the contract for the work as the Apparent Lowest Responsible Bidder. (e) Should the Engineer determine that the Bid submitted by the Apparent Lowest Bidder is not responsive or that such Bidder is not responsible, the Engineer shall review the responsiveness and responsibility of the next Apparent Lowest Bidder. This process shall continue until an apparent Lowest Responsible Bidder is determined and the Engineer’s findings and recommendations for award are reported to the City Council. If one or more Apparent Lowest Bidders are found by the Engineer to be non-responsive or non-responsible, those bidders shall be notified and given a reasonable opportunity to present additional relevant evidence bearing on their responsibility or bid responsiveness within seven (7) calendar days after the Bidder(s) receive such notice. (f) Determinations and findings of the Engineer shall be re ported as recommendations to the City Council. The City Council reserves the right reject any or all bids, and to waive any informalities or irregularities to the extent permitted by law.

1.2.16 BID PROTEST PROCEDURES –
(a) Any protest of a proposed award to t he Apparent Lowest Bidder must be submitted in writing to the City Engineer no later than 5:00 p.m. on the third (3rd) business day following the date of the bid opening. (b) The initial protest must contain a co mplete statement of the basis for the protest. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the ba sis for the protest. The protest must include the name, address, and telephone number of the protesting party and the name, address and telephone number of any person representing the protesting party. (c) The party filing the protest must conc urrently transmit a copy of the initial protest to the Apparent Lowest Bidder. (d) The party filing the protest must have actually submitted a bid on the project. A subcontractor of a party filing a bid on this project may not submit a Bid Protest. A party may not rely on the Bid Protest submitted by another bidder, but must timely pursue its own protest.
63 (e) The procedure and time limits set forth in this Sectio n are mand atory and are the bi dder’s sole and exclusive remedy in the event of a Bid Protest. A Bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing of a c hallenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
(f) The City shall review all timely protests prior to award of the Bid by the City Council. The City shall not be required to hold an administrative hearing to consider a timely pr otest, but may do so at the opt ion of the Engineer, or if otherwise legally required. At the time of the City Council’s consideration of the recommendation for award of the bid, the City Council shall also consider the merits of any timely protests and the Engineer’s recommendation thereon. The City Council may either accept the protest and award the bid to the next Lowest Responsible Bidder, or reject the protest and award to the Lowest Responsible Bidder. (g) Nothing in this Section shall be construed as a waiver of the City Council’s right to reject all bids.

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

1.2.18 EXECUTION OF AGREEMENT - The Bidder to whom the proposed award is to be made shall execute a written agreement with the City in the form of Agreement set forth in Subsection 1.4.1 of the Contract Documents within ten (10) calendar days after receipt of the Agreement form from the City. Failure or refusal to enter into an Agreement as herein provided or failure to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the proposed award and forfeiture of the Bid Security. If the lowest responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsible Bidder. If the second lowest responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsible Bidder. On the failure or refusal of such second or third lowes t responsible bidder to execute the Agreement, each such bidder's Bid Security shall be likewise forfeited to the City.

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

END OF INSTRUCTIONS TO BIDDERS
64 1.3 BID DOCUMENTS
The following liste d documents, identified in the lower right corner as "B id Document", shall be fully executed and submitted with the Bid prior to the time of the opening of Bids.

1.3.1 Bid (Proposal and Workers’ Compensation Certificate)

1.3.2 Bid Schedule(s)

1.3.3 List of Subcontractors

1.3.4 Anti-Trust Claim

1.3.5 Non-Collusion Affidavit

1.3.6 Bid Bond (Bid Security Form)

1.3.7 Bidder’s General Information

1.3.8 Bidder’s Insurance Statement
Failure of a Bidder to fully execute and submit all of the listed documents with the Bid may result in the Bid being rejected as non-responsive.
65 1.3.1 BID

(PROPOSAL AND WORKERS’ COMPENSATION CERTIFICATE)

BID TO: CITY OF LYNWOOD, CALIFORNIA

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City in the form of agreement included in Subsection 1.4.1 of the Contract Documents (the “Agreement”) to perform the Work as specifie d or indicated in said Contract Documents entitled:

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025

CITY OF LYNWOOD

PROJECT NO. 2121|2357|2352|9053|9056.68.141

Bidder accepts all of t he terms and conditions of the Contract Docum ents, including without limitation those in the Notice Inviting Bids and the Instructio ns to Bidders dealing with the disposition of the Bid Security.

This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into the Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the proof of insurance/certificates, insurance endorsements, Payment Bond, Performance Bond, and all Licenses and Permits within the time and in the manner required by the Contract Documents.

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

Number 1 ____________________ Date ________ ____________

Number 2 ____________________ Date ________ ____________

Number 3 ____________________ Date ________ ____________

Number 4 ____________________ Date ________ ____________

Number 5 ____________________ Date ________ ____________

Number 6 ____________________ Date ________ ____________

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, a nd regulations), and the conditions affecting cost, progress, or performance of the Work, and ha s made such independent invest igations as Bidder deems necessary.

In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:
66 I am aware of the pro visions of Section 3700 of the Labor Code, which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the pr ovisions of that Co de, and I will comply with such provisions before commencing the performance of the Work of this Contract.

Attached hereto are the following completed and fully-executed documents:
(1) Bid Schedule consisting of two (2) pages;
(2) List of Subcontractors;
(3) Anti-Trust Claim;
(4) Non-Collusion Affidavit;
(5) Bidder’s General Information; and
(6) Bidder’s Insurance Statement.

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

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

Dated: ________________________ Bidder: ___________________________________ By: _____________________________________
(
Signature of Bidder’s Authorized Representative)
Title: _____________________________________
67 1.3.2 UNIT PRICE BID SCHEDULE
(Page 1 of 2 )
Schedule of Prices for the Construction of the:

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJEC T
FY 2025
City of Lynwood
PROJECT NO. 2121|2357|2352|9053|9056.68.141
Item
No.

Unit Price Bid Item Estimate d
Quantity
Unit Unit
Price
Ite
m Amount
1A
Mobilization/ Demobilization (Not to exceed 3% of
total of all other prime co
ntract Bid Items) – Thorson
Avenue
1 LS $ $
1 Mobilization/ Demobilization (Not to exceed 3% of
total of all other prime co
ntract Bid Items) – Slurry
Seal
1 LS $ $
2A Traffic Control – Thorson Avenue 1 LS $ $
2 Traffic Control - Slurry Seal 1 LS $ $
3A Sawcut and Remove AC Pavement, Base, Subbase
and Subgra
de – Thorson Avenue 100 CY $ $
4A Sawcut and Remove Existing Concrete Longitudinal
Gutter – Thor
son Avenue 190 SF $ $
5A Construct 4’ Wide Concrete Longitudinal Gutter –
Thorson Ave
nue 265 SF $ $
6A Construct 6’ Wide Concrete Longitudinal Gutter –
Thorson Ave
nue 190 SF $ $
7A Provide and Place Crushed Aggregate Base (CAB) –
Thorson Ave
nue 70 TON $ $
8A Construct AC Base Course (1" Thick) – Thorson
Ave
nue 15 TON $ $
9A Construct ARHM Overlay (2" Thick) – Thorson
Ave
nue 25 TON $ $
10A Install Public Improvement Project Signs – Thorson
Ave
nue 2 EA $ $
10 Install Public Improvement Project Signs - Slurry Seal 4 EA $ $ 11 Cold Mill Existing Asphalt Concrete (AC) Pavement
(2” depth)
- Slurry Seal 4,005 SF $ $
12 Construct 2” Thick AC (C2-PG 64-10) - Slurry Seal 45 TON $ $ 13 Place Slurry Seal Type II with 3% Latex - Slurry Seal 585 ELT $ $ 14 Install Crack Seal and Spray Weed Killer - Sl urry Seal 1 LS $ $ 15 Traffic Striping, Markings, Curb Painting and House
Addres
s - Slurry Seal 1 LS $ $
68 1.3.2 UNIT PRICE BID SCHEDULE
(Page 2 of 2 )
Schedule of Prices for the Construction of the:

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025
City of Lynwood
PROJECT NO. 2121|2357|2352|9053|9056.68.141
TOTAL AMOUNT BASE BID IN FIGURES: $
TOTAL BID PRICE FOR UNIT PRICE BID SCHEDULE:
$ (Price in Figures)
___________________________________________________________________________________(Price in Words) QUANTITIES OF WORK:

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

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.
69 INFORMATION REQUIRED OF BIDDER

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

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

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

1.___
______________________ _______________ _________ ___________________________________

2._________________________ _______________ _________ ___________________________________

3._________________________ _______________ _________ ___________________________________

4._________________________ _______________ _________ ___________________________________

5._________________________ _______________ _________ ___________________________________

6._________________________ _______________ _________ ___________________________________ 70 1.3.4 ANTI-TRUST CLAIM

Pursuant to Public Contract Code Section 7103.5, upon acceptance of its bid, Contractor agrees to the following: “In entering into a public wor ks 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 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)

________________________________ _______________________________ T i t l e D a t e

________________________________ _______________________________

Contractor's License No. Type of License

________________________________
Federal I.D. No.

(SEAL--if Bid is by a corporation)

ATTEST ____________________________

71 1.3.5 NON-COLLUSION AFFIDAVIT
(To be Executed by Bidder and Submitted with Bid Pursuant to Public Contract Code Section 7106)

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

________________________________________
Signature

________________________________________
Typed or Printed Name

________________________________________
Title

________________________________________
Contractor / Company / Bidder Name

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

________________________________________
Notary Public in and for the State of California

My Commission Expires: __________________

72 1.3.6 BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _______________

as Principal, and

____ as Sur ety, are
hereby held and firmly bound unto the City of Lynwood, a California Munici pal Corporation, (hereinafter referred to as the “City”) in the penal sum of ______________________________________________________________ DOLLARS

($ ________________ ), being not less than ten perc ent (10%) of the Tota l Bid Price, for the payment of which sum in lawful money of the United States, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents.

The Condition of the above obligation is such that whereas the Principal has submitted to City a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing with City for the completion / construction / demolition of Project No. 4011.68.141, entitled:

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025

NOW, THEREFORE,

a. If said Bid shal l be rejected, or

b. If said Bid shall be accepted and the Princi pal shall execute and deliver to the City a contract in the form of agreement set forth in the Contract Do cuments (properly completed in accordance with said Bid) within ten (10) calendar days after re ceipt of same from City, and shall, within the time and manner set forth in the Contract Documents, furnish a Bond for his/her faithful performance of said contract and for t he payment of all persons performing labor or furnishing materials in connection therewith, the required proof of insurance/certificates, required insurance endorsements, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and ef fect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any su ch extension. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the court. 73 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers on this _________ day of _______________________, _______.

PRINCIPAL SURETY
_______________________________ _ __________________________ (Legal Company Name) (Legal Company Name)
By: ____________________________ By: ________________________ Title ___________________________ Titl e _______________________ (Corporate Seal) (Corporate Seal)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to wr ite surety insurance defined in Section 105 of the California Insurance Code, and if the Wo rk or Project is financed, in whole or in par t, with federal grant or loan funds, must al so appear on the Treasury Department's mo st current list (Cir cular 570 as amended). Notary acknowledgements for Principal and Surety signatures and Power of Attorney for Surety must be attached. THIS IS A REQUIRED FORM.

Any cl
aims under this bond may be addressed to:
(Name and Address of Surety) ______________ _________________ _______________________________
_______________________________
(Name and Address of Agent _______________________________ or Representative in California
if different from above) _______________________________ _______________________________
(Telephone Number of Surety and Agent _______________________________ or Representative in California)
74 1.3.7 BIDDER'S GENERAL INFORMATION
T
he Bidder shall furnish the following information. Failure to complete and attach all items may cause the Bid to be rejected as non-responsive.

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

2. CONTRACTOR'S Telephone Nu mber:
( ) ______________________
Facsimile
Number: ( ) ______________________

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

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

Name of Surety: _________________________________________________________________ Address:
_______________________________________________________________________ _______________________________________________________________________________ Surety Company Agent: ___________________________________________________________ Telephone Numbers: Agent ( ) _________________ Surety ( ) __________ ____

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

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

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

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

Name
Title Address
______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ ______________________ ______________ ________________________________________ 75 1.3.7 BIDDER'S GENERAL INFORMATION (Continued)

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

10. List at least three projects completed to date involving construction or Work similar to that required for the completion of this Project:
a. Owner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone
___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________ b. Owner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone
___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________ c. Owner ___________________________Address _______________________________ Contact __________________________Class of Work __________________________ Phone
___________________________Contract Amount ________________________ Project ___________________________Date Completed _________________________ 1 1. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
____________________________________________________________________________ ____________________________________________________________________________

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

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

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

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

15. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current finan
cial condition may be required by the Engineer.
76 1.3.8 BIDDER’S INSURANCE STATEMENT
(To Be Submitted with Bid)

BIDDER HEREBY CERTIFIES that the Bidder has re viewed and understands the insurance requirements set forth in Subsec tion 1.4.4 of the Bidding and Contractual Documents and Forms, Subsection 2.7.2 of t he Special Provisions and elsewhere in the Contract Documents. Should the Bidder be awarded the cont ract for the Work, Bidder further certifies that it can meet all insurance requirement s set forth in the Contract Documents, including, but not limited to, providing or requ iring insurance coverage for subcontractors; naming of City as an additi onal insured, and providing waivers of subrogation. Bidder acknowledges and understands that all cost associated with providing and maintaining the required insurance cove rage are the sole responsibility of the Contractor and that the costs of procuring and maintaining said coverage is included in Contractor’s Bid.

Bidder further agrees and certifies that if awarded the contract, Bidder will provide the proof of insurance and endorsements r equired by the Contract Do cuments within ten (10) calendar days of receipt of the Notice of Award. Bidder acknowledges that failure to provide City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award, may result in withdrawal of award and forfeiture of the Bidder's Bid Security.

Dated: ______________________________ Bidder: __________________________________

By: ____________________________________

(Signature of Bidder’s Authorized Representative)

Title: ___________________________________

77 1.4.1 CITY OF LYNWOOD AGREEMENT
FOR CONSTRUCTION OF PROJECT NO. 2121|2357|2352|9053|9056.68.14 “THORSON AVENUE ALLEY DRAINAGE PROJECT”
“ANNUAL SLURRY SEAL PROJECT”
FY 2025
This agreement (the “Agreem ent”) is made and entered into on this ______ day of _______________, _____ by and between the City of Lynwood , a California Municipal Corporation ("City") and ______ ____________________________________________, a ______________________________ ("Contractor"). City an d 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 t he mutual promises containe d herein, do hereby agree as follows:

I. CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents, the terms and conditions of

which are expressly incorporated as component parts of this Agreement as if herein set out in full or attached hereto:

A. Notice Inviting Bids, Dated November 20,2024
B. Instructions to Bidders.

C. Addenda.

D.

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

1. Bid Schedule(s)

2. List of Subcontractors

3. Anti-Trust Claim

4. Non-Collusion Affidavit

5. Bidder’s General Information

6. Bid Bond (Bid Sec
urity Form)

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

F. Performance Bond.

G. Certificates/Proof of Insurance and Endorsements.

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

I.

Notice of Award dated ________________.

J. Notice to Proceed dated ______________.

K The Plans (Contract Drawings).

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

N. Appendices A through H of the Contract Documents.

O. Reference Specifications.

P Approved and Fully-E xecuted Change Orders.

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

II. CONTRACT PRICE

The City agrees to pay, and the Contractor agrees to accept as full payment for the Work outlined in the Contract Docum ents, the Contract Price of _____________________________________________ Dollars ($_______________) subject to additions and deductions, if any, m ade in accordance with said Contract Documents. Progress payments shall not be made more of ten than once each thirty (30) days, nor shall progress payments paid be in excess of ninety percent (90%) of the Contract Price at time of completion. Final payment to Contractor will be processed thirty-five (35) days after the City has recorded the Notice of Completion. Contractor may, upon Contractor's written request, and approved by t he City Council, at Contractor's expense, deposit substitute securities , as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.

Payment of undisputed 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 agains t the City arising by vi rtue of this Agreement related to those amounts. Disputed claims in stated amounts may be specifically excluded by Contractor from the operatio n of any release. No payment, final or otherwise, shall operate to release the Contract or or its sureties from ob ligations arising under this Agreement or the bonds and warranties fu rnished 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 Aw ard and prior to Contractor’s commencement of the Work, Contra ctor shall furnish to City, using the forms set forth in the Bid Documents, a Labor and Materials Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price, said bonds to be in conformance with the Contract Documents, including but not limited to, the General Specifications and Subsection 2.2.2 of the Special Provisions.

IV. INDEMNITY

Contractor shall defend (with counsel of Cit y’s choosing), indemnify and hold the City, its respective elected and appointed boards, offi cials, officers, agents, employees, 79 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 subc ontractors for nonpaymen t, including without limitation the payment of a ll consequential damages and attor ney 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 su its, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, Contra ctor 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 t hose imposed by California Civil Code Section 2782.

This obligation to indemnify and defend Indemnit ees as set forth herein shall survive the termination of this Agreement and is in addi tion to any rights which City may have under the law. This indemnity is 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 Subsecti on 2.7.2 of the Special Provisions of the Contract Documents. Such insurance shall be in force prior to Contractor commencing any Work under this Agreement and shall remain in force for the duration of this Agreement and for any other such period as may be required herein. Contractor shall provide proof of the required insurance coverage and the endorsements specified in Subsection 2.7.2 of the Special Provisions within ten (10) calendar days of receipt of the Notice of Award.

VI. INELIGIBLE SUBCONTRACTORS

In accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not per form any work under this Agreement with a subcontractor who is ineligible to perform work on a public works contract pursuant to Sections 1777.1 and 1777.7 of th e 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 matt er of law, and a debarred subcontractor may not receive any public money for performing wo rk as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a Contractor for work performed on this Project shall be returned to the City. The 80 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 r equired by this Agreement within ten (10) calendar days of the date specified in t he Notice to Proceed fr om the City and shall complete all Work as specified in the Cont ract Documents within 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 r epresent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of working days allowed. Accordingly, City and Contractor agree that the sum of $500.00 per calendar day is a reasonable sum to assess as Liquidated Damages to City by reason of the failure of Contractor to complete the Work within the time specified.

VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861

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

“I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to under take self-insurance in accordance with the provisions of that C ode, 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 t he City for costs incurred by the City in the substitution of subcontractors. Where a hearing is held pur suant 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 Cit y of Lynwood shall prepare and cert ify 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 sha ll 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. 81 XI. LICENSES
Contractor acknowledges and agrees that Contractor must have all appropriat e contractor's
licenses. Contractor further warrants and represents that he/s he/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, nati onal 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 tota l 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 Agr eement on behalf of Cont ractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrants and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder.

XV. ASSIGNMENT; GOVERNING LAW
This Agreement may not be assi gned by Contractor, in whole or in part, without the prior written consent of the City. This Agreement and any dis pute arising hereunder shall be governed by the law of the state of California.
82 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 specif ied 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 exclusiv e agreement between the Parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions her eof 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.
83 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
______________________________
( T i t l e )
[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
84 1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into an Agreement dated _________________ (referred to hereinafter as the “Agreement”) with ________________________________________________________ (hereinafter designated as “Contractor” or "Principal"), for construction of, TH ORSON AVENUE ALLEY DRAINAGE PROJECT a nd ANNUAL SLURRY SEAL PROJECT FY 2025 No. 2121|2357|2352|9053|9056.68.141 (hereafter re ferred to as the “Project”).

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

NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and , a corporation
organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of
_______________________________________________ Dollars ($_______________) lawful money of the United States, said su m 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 hei rs, 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 alterati on 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; otherwis e 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. 85 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 repai r 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 t he 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 co mpletion of the Project, less the balance of the contract price, including other costs and damages fo r which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

(3) Permit the City to complete the Project in any manner consistent with California law and make available as Work progresse s sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liabl e. 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 Agreem ent and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressl y 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.
86 No final settlement between t he City and the Contractor sha ll abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the a bove-bounden parties have execut ed this instrument this _____ day of _______________, ________, the name and corporate seal of each corporate party being hereto affixed and t hese 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 mu st possess a certificate of authority from the California In surance Commissioner authorizing t hem 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 signa tures 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
87 /g3

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 princi pal was then ____ _______________________ of said corporation; that I k now his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing board.

_______________________________
Signature of Corporate Principal

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1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "City") has entered into an agreement dated __________ (referred to hereinafter as the “Agreement”) with _____ ________ , (hereinafter designated as the "Contractor" or “Principal”), for THORSON AVENUE ALLEY DRAINAGE PROJECT and ANNUAL SLURRY SEAL PROJECT FY 2025 No. 2121|2357|2352|9053|9056.68.141.

WHEREAS, Contractor is required to furn ish 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 St ate 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 3 181 of the California Civil Code, in the penal sum of Dollars ($____________), lawful m oney of the United States, said sum being not less than 100 percent of the total amount payable by City under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

The Surety, for value received, hereby stipul ates 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 89 /g3
to the Specifications. Said Surety also her eby waives the provisi ons 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 se al of each corporate party being hereto affixed and these pres ents 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 In surance Commissioner authorizing t hem 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)

90 /g3

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 princi pal was then _________ __________________ of said corporation; that I k now 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)
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1.4.4 CERTIFICATES / PROOF OF INSURANCE

AND ENDORSEMENTS

The Contractor shall not commence any of the Work or begin any performance under the Agreement until he/she obtains, at his/her own and sole cost and expense, all required insurance as stipulated by t he City. The requir ed insurance shall be provided by the Contractor in conformance with the require ments of Subsection 2.7.2 of the Special Provisions and may include the following:

 Workers' Compensation Insurance
 Commercial General Liability and Busi ness Automobile Liability Insurance  Course of Construction or Builder’s Risk Insurance
 Flood Insurance

The insurance company or companies utilized by the Contractor shall be authorized and admitted to transact business in the State of California and to issue policies in the amounts required pursuant to the provisions of Subsection 2.7.2 of the Special Provisions. All insurance required shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and shall contain the endorsements specified in Subsection

2.7.2. Within ten (10) calendar days after receipt of the Notice of Award, Contractor shall furnish to the City for approval as to sufficiency and form, certificates of insurance and original endorsements evidencing the r equired coverage set forth in Subsection 2.7.2 of the Special Provisions. Endor sements and certificates ar e 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 wi th the required insurance coverage, proof of insurance and/or endorsements within ten (10) cale ndar days of receipt of the Notice of Award, may result in wit hdrawal of award and forfei ture of the Bidder's Bid Security.

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ADDENDUM

By executing this Addendum, Contractor acknowledges and agrees that the work performed pursuant to the above referenced Agreement is subjected to all applicable provisions.

Payment of Minimum Compensation to Employees. Contractor shall be obligated to pay not less than the General Prevailing Wages Rate as required by applicable law.

A. Prevailing Wage Requirements. California Labor Code requires the payment of not less than the general prevailing rate of per diem wages and rates for holiday and overtime and adherence to all labor standards and regulations. The General Prevailing Wages Rates may be adjusted th roughout the term of this Agreement.

Notwithstanding any other prov ision of this Agreement, Contractor shall not be entitled to any adjustment in compens ation rates in t he event there are adjustments to the General Prevailing Wages Rates.

B. Reports. Contractor shall not perform on site work on this contract until labor compliance documents are filed. Contract or agrees to cooperat e with the City to fulfill its notifications requirement to the DIR, as required by DIR’s PWC-100 form or any other required form, and Contract or agrees to provide to the City the information required by the DIR, as gener ally set forth in Labor Code Section 1773.3. By signing this form, Contractor, an d all of its subcont ractors, represents that it has registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions under Labor Code section 1771.1(a)] and paid the annual fee due to the DIR, unless the Contractor meets an exception recognized by the DIR or by the law.

C. Furnishing of Electronic Certified Payroll Records to Labor Commissioner.

Contractor and subcontractor agree to fu rnish the required electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement), in the manner and under the time frame required by law.

D. Audit Rights . All records or documents 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 dur ing regular business hours, upon written request by the City Attor ney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be available at CONTRACTOR’s address indicated for receipt of notices in this Contract.

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E. Enforcement.

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

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

WITHOLDING OF PAYMENT: CONTRACTOR agrees that the Documentation Provision is critical to the City’s ability to monitor CONTRACTOR’s compliance with the City’s public w age obligations. CONTRACT ORS further agrees its breach of the Documentat ion Provision or general public wage obligations results in the need for additional enforceme nt action to verify compliance with this Addendum. In light of the critical importanc e of the Documentation Provision, the City and CONTRACTOR agree that CONTRACTOR’s compliance with this Addendum is an expre ss condition of City’s obligation to make each payment due to the CONTRA CTOR pursuant to this Agreement.

THE CITY IS NOT OBLIGATED TO MAKE ANY PAYMENT DUE THE

CONTRACTOR UNTIL CONTRACTOR HAS PERFORMED ALL OF ITS
OBLIGATIONS UNDER THESE PROVIS IONS. THIS PROVISION MEANS

THAT CITY CAN WITHOLD ALL OR PART OF A PAYMENT TO
CONTRACTOR UNTIL ALL REQUIRED DOCUMENTATION IS SUBMITTED.

Any payment by the City despite CONT RACTOR’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contai ned 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.

94 9

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

PART 2 - SPECIAL PROVISIONS

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025
PROJECT NO. 2121|2357|2352|9053|9056.68.141

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 Ci ty of Lynwood, Standard Specifications for Public Works Construction ("Greenbook"), late st 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 technica l 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 re ferences may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the re ferenced 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 shal l 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 technica l 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.

2.1.2 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 95 10
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 Ag ency’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.

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 -
96 11
SECTION 2.2 - SCOPE AND CONTROL OF WORK

2.2 SCOPE OF THE WORK
The project consists of slurry seal various streets as part of the Slurry Seal and Thorson Avenue Alley Drainage project.
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 AGE NCY 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 Contrac tor 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 famili ar 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 ) M a t e r i a l s 1 5 p e r c e n t
3) Equipment rental 15 percent
4) Other items & expenditures 15 percent
5) Subcontracts (1st tier only) 5 percent
6) Lower Tier subcontractors none

To the sum of costs and ma rkups 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 dele ted in its entirety and the following substituted therefor:

All temporary access or construction right s-of-way, other than those shown on the Plans, which the Contractor may find it 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 te sting 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 compac tion 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 relieve it from the 98 13
responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.

2.2.8 FLOW AND ACCEPTANCE OF WATER

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

2.2.9 RECYCLING AND DIVERSION OF DEBRIS

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

2.2.10 POLLUTION CONTROL

2.2.10.1 Water Pollution Control

The Contractor shall adhere to all provisions of Se ction 14-12 of the Lynwood Municipal Code: “Stormwater and Urban Runoff Pollution Control,” and the Federal Clean Water Act, including but not limi ted to, the National Pollutant Discharge Elimination System (NPDES ) standards. The Contra ctor 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).

- END OF SECTION -
99 14
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 amounti ng 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 l abor, materials, and equipment subcontracted will be based on the estimated per centage 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 pa ckage 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 construc tion of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabric ates 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 co mplementary, and what is calle d 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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15 1. Approved and Fully-Executed Change Orders

2. Agreement

3. Addenda

4. Contractor's Bi d (Bid Documents)

5. Technical Provisions

6. Special Provisions

7. General Provisions of the Standard Specifications

8. Notice Inviting Bids

9. Instructions to Bidders

10. Plans (Contract Drawings)

11. Standard Specifications

12. City Standard Plans

13. Reference Specifications

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

1. Figures govern ov er scaled dimensions.

2. Detail drawings govern over general drawings.

3. Addenda or Change Or der drawings govern over Contract Drawings.

4. Contract Drawings gove rn over Standard Drawings.

5. Contract Drawings go vern over Shop Drawings.

2.3.3 SUBMITTALS

The following provision shall be added at the end of Subsecti on 3-8.1 of the Standard Specifications:

On lump sum contracts, the Contractor sh all 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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16 Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the me ans, methods, techniques, sequences, and procedures of construction to be employed by Cont ractor and safety precautions and programs incident thereto, or

Other Information. - Any other data, interpretation s, 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 Engi neer concurs, in writing, with the Contractor that prot ecting 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 Surv eyor no later than thirty (30) days after c onstruction 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 shal l not be considered part of the work necessitating the disturbance of said monume nts and no additiona l payment will be ma de 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 establis hing control, construction staking, records research, and all other surveying work necessary to perform the Work; and to provide other surveying services, if required by the Contract Documents, in accordance with the Land Surveyors Act. The California Licensed Land Surveyor shall be present on the site during all surveying operations and shall personally supervise and certify the surveying work. 102
17 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 shal l be subject to the Engineer's inspection.

The Contractor shall notify th e engineer at least twenty-f our (24) hours before any inspection is required.

If the Contractor is allowed by the Engineer to work outsi de 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 servic es are required during such times, the costs for those serv ices shall be borne by the Contractor. When the Work is substantially completed, a representative of the Engineer will make the final inspection.

- END OF SECTION -
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18 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 requ irements 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 po rtion of the wo rk which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from dam ages due to said defects or noncompliance.

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

The Contractor shall place the order(s) fo r all long-lead supplies, materials, and equipment, for any traffic 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 t he 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 Subsec tion 4-6 of the Standard Specifications shall be amended to read as follows:

Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or 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 specif ic 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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19 2. In order to match other prod ucts in use on a particular public improvement either completed or in the course of completion.

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

4. In order to resp ond to an emergency declared by a local agency, but only if the declaration is appr oved by a four-fifths vote of the governing board of the local agency issuing t he invitation for bid or request for proposals; or in or der 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 re quests for substitution with the Bid, using the form provided in Appendix C of the Contract Documents, shall be deemed to sign ify 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, subm it data substantiating such request to the Engineer as per Subsection above. Data for approval to substitute "or equal" products shall include complete calculations, te chnical specifications, samples, or published documents relating to the perfo rmance and physical characteristics of the proposed substitute.

- END OF SECTION -
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20 SECTION 2.5 – Legal Relations and Responsibilities

2.5.1 LABOR

2.5.1.1 General.

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

The Contractor, and all subcontractors, s uppliers, and vendors, shall comply with all AGENCY, State and Federal orders regar ding affirmative action to ensure equal employment opportunities and fair employment practices. Failu re 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 cove rage limits, dates of coverage insurance provided, and project number is required.

2.5.3 SAFETY.

2.5.3.1 Work Site Safety.

2.5.3.2 General.

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

It is part of the service required of the Cont ractor to make whatever provisions are necessary to protect the public. The Contract or shall use foresight and shall take such steps and precautions as its operations warrant to protect the public from danger, loss of 106
21 life or loss of property, which would result fr om interruption or cont amination 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 direct ly 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 fo r the public safety, pr otection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

The cost and expense of said labor and materi al, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contract or. All expenses incurred by the AGENCY for emergency r epairs will be deducted from the progress payments and the final payment due to the Cont ractor. However, if the AGENCY does not take such remedial measures, the Contract or is not relieved of the full responsibility for public safety.

- END OF SECTION -
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22 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 Schedul e 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 statem ents 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 schedul e a preconstruction meeting with the Contractor to review the proposed Co nstruction Schedule and delivery dates, arrange utility coordinatio n, discuss construction met hods, 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 expl ained. Progress pay ments 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 th e City Council wi thout 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 t he time of cancellation. Any damages sustained by th e City due to acts or omissions of the Contractor will be 108
23 subtracted from this amount. The Contractor, in having tendered a Bid, shall be deemed to have waiv ed any and all claims for damages because of cancellation of the Agreement for an y 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 loca tions 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 wit h 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 th e 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 al l other rights and remedies available to the City under law.

2.6.4 DAYS DESIGNATED AS HOLI DAYS BY THE CITY OF LYNWOOD

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

New Year’s Day Independence Day
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24 Martin Luther King’ s Birthday Labor Day
César Chávez’ Birthday Thanksgiving Day
Christmas Day Memorial Day

Any holiday shown ab ove that falls on a Sunday sha ll 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 am ount of Liquidated Damages shall be specified in the Agreement.

2.6.6 TIMES OF OPERATION

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

1. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools

2.6.7 NOTIFICATION

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

A T & T ( 3 1 0 ) 5 1 5 - 2 4 1 9
City of Lynwood (310) 603-0220
City of Lynwood Water & Sewe r (310) 603-0220, Ext. 800 110
25 Consolidated Disposal Services (trash collection) (562) 577-6277 Los Angeles County Fi re Department (Sta. 147) (310) 605-5670 Los Angeles County Fire Department (Sta. 148) (310) 603-5270 L.A. County Public Works/Fl ood Control (626) 458-5100 Los Angeles County Sherif f’s Department (323) 508-4800 MV Transportation, Inc. (bus service) (562) 259-9911
Lynwood Unified School District (310) 605-5670
Park Water Company (562) 923-0711
Southern California Edison (800) 655-4 555 or (310) 608-5005 Southern Califo rnia Gas (310) 605-7909
Time Warner Cable (5 62) 259-2015 or (888) 892-2253 Underground Service Aler t (800) 227-2600
U.S. Postal Service (800) 275-8777

The Contractor shall notify the U.S. Postal Service and trash collection company of all work areas affecting service five (5) working days prior to construction and shall coordinate the work so that these services are not interrupted.

2.6.8 CONSTRUCTION SCHEDULE

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

2.6.8.1 Schedule of Work. - A schedule of Work as required under Section 6-1 of the Standard Specifications shall be pr ovided by the Contra ctor 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 report s 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 ch arts shall be generated in the computer from the approved CPM network schedule.

CPM schedules may be submitted in ei ther 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-hous e capability to pr epare 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 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, 111
26 shall provide revised networ k diagrams and schedule repor ts if at any time the Engineer considers the comp letion date to be in jeopa rdy 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 th ese Special Provisions, s howing 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 be cause 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 gene rally 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 prec edence diagram of the "activity-on- arrow" or the "activity on node" type and may be divided into separate pages with suitable notation rela ting to the interface poi nts 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 de termined graphically by comparison with the calendar scale. All activities shall be shown using symbols that clearly distinguish between critical path activities and free float for each non-critical acti vity. All non-critical pa th activities shall show estimated performance time and free float time in scaled format.

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27 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 t he 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 ot herwise accepted by the Engineer.

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

1. Activity numbe rs (or i-j numbers)

2. Estimated activity duration

3. Activity description (including procurement items)

4. Early Start date (calendar dated)

5. Early Finish date (calendar dated)

6. Late Start date (calendar dated)

7. Late Finish date (calendar dated)

8. Status (whether critical)

9. Total Float for each activity

10. Free Float for each activity

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

1. Project name

2. Contractor name

3. Sequence or revi sion number or date

4. Project duration

5. Scheduled completion date

6. Date of commencement of the Work
7 . C i t e n e w c o m p l e t i on 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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28 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 Contra ctor for furnishing all t ools, 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 wi th the requirements of the Co ntract 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 Requ irements 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 Specificati ons shall be deleted in their entirety and the following substituted therefore:

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

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

When the entire Project has been satisfactorily completed, the Contractor shall submit its final billing invoice and required detailed attachment to the Engineer for the required verification and preparation of the final estimate.
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29 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 th e 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 re quired 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 prov isions 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 Cont ractor, 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 req uest the City determines to be improper, accompanied by a writing se tting 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 ma terialmen 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) da ys following the Notice to Proceed.

Payment for Mobilization will be made at the lump sum allowance named in the Unit Price Bid Schedule(s) under the Bid Item, “Mobilization,” which price shall constitute full compensation for all such work. Payment for mobilization will be 115
30 made in the form of a sing le, lump-sum, non-proratable payment. The Bid Item, “Mobilization,” will not be approved for payment until all mobilization items listed herein have been completed as specified. The scope of work included under the Bid Item, “Mobilization” shall include, but not be limited to, the following principal items:

1. Obtaining and payi ng for all bonds, insurance, and permits.

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

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

4. Establishing fire protection system.

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

6. Providing on-site sanitary facilities an d 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 sha ll meet manufacturer’s specified storage requir ements and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer and for all security.

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

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

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

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

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

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

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31 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 mobiliza tion 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 furn ishings and utility services including telephones, telephone app urtenances, 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 th e requirements specified above, all submittals shall conform to the applicable requirements of the Standard Specifications.

No payment for any of the listed mobiliza tion work items will be made until all of the listed items have been completed to the satisfacti on 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, “Demob ilization,” which price shall cons titute full compensation for all such work. Payment for Demobilization will be made in the form of a single, lump sum, non-pr oratable payment, no part of whic h will be appro ved for payment under the Ag reement until all Demobilization items listed herein have been completed as specified. The scope of the work included under the Bid Item, “Demobilization” shall include but not be limited to the following principal items:

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

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

3. Complete clean up and re mediation, if required, of all haul routes utilized by Contractor’s vehicles.

4. Comply with all terms of the Construction Permit.

5. Submit complete “AS-BUILT” plans.
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32 6. Complete the pr oject punch list.

2.7.2.3 Sheeting, Shoring, and Bracing or Equivalent Method. - Measurement for payment for temporary sheeting, shoring, and brac ing, or equivalent method, will be based upon the completion of all planning, design, e ngineering, 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 pr ovisions 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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33 SECTION 2.8 -- FACILITIES FOR AGENCY PERSONNEL

(NOT REQUIRED)

- END OF SECTION -

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34 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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2 CITY OF LYNWOOD

SECTION 2.10 - CONSTRUCTION DETAILS (MATERIALS AND METHODS)

TABLE OF CONTENTS

2.10.1 General

2.10.2 Construction Materials

2.10.3 Construction Methods
______________________________________________________________________

2.10.1 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.

2.10.2 CONSTRUCTION MATERIALS

2.10.3 CONSTRUCTION METHODS

- END OF SECTION -
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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

_________________________________

PART 3 – TECHNICAL PROVISIONS

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025
PROJECT NO. 2121|2357 |2352|9053|9056.68.141

IN THE CITY OF LYNWOOD

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THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025
PROJECT NO. 2121|2357|2352|9053|9056.68.141

TECHNICAL PROVISIONS

All Bid Items shall be in accordance with the Greenbook Standard S pecifications for Public Works Construction (SSPWC) and Standard Plans for Public Works Construction (SPPWC), Latest Edition including supplements, State of Californi a Caltrans Standard Plans and Specifications, Latest Edition, and the Special Provisions and General Conditions of these specifications.

Bid Item No. 1A – Mobilization/Demobilization (Not to exceed 3% of total of all other Prime Contract Bid Items) – Thorson Avenue
Bid Item No. 1 – Mobilization/Demobilization (Not to exceed 3% of total of all other Prime Contract Bid Items) - Slurry Seal

Mobilization shall conform to the provisions of Secti ons 7-3.4 of the Standard Specifications.

Mobilization and demobilization shall consis t of preparatory wo rk and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations whic h must be performed or co sts incurred including bonds, insurance, and financing prior to beginning wo rk on the various contract items on the project site. Mobilization shall also includ e the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the constructi on site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials. Demobilization includes remova l of all equipment and materials from the site, clean up and restoration of the work site at the end of project.

No additional amounts shall be paid for eros ion control, Best Management Practices (BMP), erosion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.

Best Management Practices (BMP) shall be defined as any pr ogram, technology, process, citing criteria, operating method, measure, or devic e, which controls, prevents, removes, or reduce pollution.

The Contractor shall have a minimum of two readily accessible copies of each publication on the Contract site at all times plus any copies of applicable environmental mitigation plans.

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Additional BMPs may be required as a result of a change in actual field conditions, Contractor activities, or construction operation. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.

BMPs for Contractor activities shall be continuously implemented throughout the year and project time period. BMPs for erosion control and sedim entation shall be implemented during the period from October 15 to April 15, and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the comm encement of any Contractor activity or construction operation, which may produce run-off, and w henever run-off from other sources may occur.

The Agency (City), as a permittee thereto, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens.

The Agency will pass through to the Contract or any penalty assessed by these entities for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the Agency will deduct, from the final payment due the Contra ctor, the total amount of any fines levied on the Agency, plus legal and st aff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

Payment for Mobilization/Demobilization shall be included in the Lump Sum (LS) Price bid and shall be considered full compens ation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Lynwood; and complying with the requirement s specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practi ces, and incidentals necessary to perform all related items of work. Progress payments for this bid item shall be paid for in accordance with the completion percentage of the project to the Contractor and shall include the cost of such mobilizati on administration during the entire contract period and demobilization. No additional compensation will be allowed therefor. The sum total of this Bid Item shall not exceed 3% of the total of all other Bid Items.

Bid Item No. 2A – Traffic Control – Thorson Avenue
Bid Item No. 2 – Traffic Control - Slurry Seal

Traffic control, Traffic control plan, cons truction signing and traffic maintenance shall comply with the provisions of Subsection 5-7, 600 and 601 of the Standard Specification, Subsection 56-2 of the Caltr ans Standard Specifications, and the current requirements set forth in the “Manual of Traffic Controls for Construction and Maintenance Work Zones” published by the Department of Tr ansportation, State of California, and latest California Manual on Uniform Traffic Control Devices (CA-MUTCD), the traffic control plans and these Special Provisions.

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The Contractor shall maintain the following clearances from the edge of traffic lanes:

1) 5 feet to any excavation,
2) 2 feet to curbs or te mporary concrete barriers,
3) 10 feet to poles and other obstructions on uncurbed roadways.

If determined by the City Engi neer that it is necessary to decrease these minimum distances to allow for the pr osecution of the work, the Contractor shall provide all protective devices required by the City Engineer to adequately protect the public.

PUBLIC CONVENIENCE

At least ten (10) calendar da ys prior to commencing paving work, the Contractor shall submit a pavement spreading schedule to the City for approval. Based on the pavement spreading schedule, the Contractor is to notify residents and businesses of the proposed work and post temporary “NO PARKING” signs at no cost to the City. Signs shall be posted at all intersections, and on each side of the street a maximum of 200 feet between signs. Signs shall not be attached to existing poles, street light standards or trees. All signs must be posted on delineators or stakes provided by the Contractor. The “NO PARKING” signs shall be in place not less than seventy two (72) hours prior to performing the work; therefore a request for changes in the schedule requiring additional posting shall be submitted by the Cont ractor for approval by the City Engineer at least seventy- two (72) hours prior to reconstruction and ov erlaying the street. All conflicting parking signage shall be covered.

Due the nature of this project involving major inconvenience to residents and businesses, a good Public Relations Program is mandat ory and evidence of satisfactory past performance in this area will be required.

The Contractor is to distribute a minimum of two (2) “Public Notice” to each resident and business affected by the projec t. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least seventy two (72) hours (3 working days) prior to the st art of work. A sample copy of the notice must be approved by the City Engineer. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob an d/or gate. The Contractor shall also coordi nate with the bus services to ensure the safe operation of buses and access to bus stops in the construction area.

The Contractor shall also coordinate with the trash disposal and postal services agencies to ensure the safe operation of their vehicle and access in the construction area. Notices shall be in English and Spanish language.

All complaints received by the City associ ated with the construction project alleging damage to private property and v ehicles shall be responded to by the Contractor within one working day (24) hours of notification. Failure to comply with this provision may result in a penalty of One Hundred dollars ($100.00) per occurrence. 125

All trucks, which the Contractor proposes to use, that exc eed the legal load limit when loaded will be required to have overweight permits issued by the City for which there is a fee.

The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vi cinity of the project as spec ified in Subsection 5-7 of the General Provisions

PROTECTION OF WORK AND PUBLIC

The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged pavement as a result of damage (i.e., v ehicle tracks, footprints, graffiti, etc.) If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these special provisions.

CONSTRUCTION SIGNING

Construction signing shall consist of furnishi ng, installing, maintaining and removing construction signs and barricades as required by the “Manual of Traffic Controls for Construction and Maintenance Work Zones”. The traffic control system shall be installed on a road prior to starting wo rk for that road and shall not be removed until all work has been completed on that road. Existing speed limit signs, which conflict with the work zone speed limit, shall be covered during the entire construction period.

TRAFFIC MAINTENANCE

The Contractor shall be responsible for handl ing vehicular and pedestrian traffic in accordance with Subsection 6 01 of the Standard Specific ations and these Special Provisions.

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

1. Notification Signs.

2. Existing and temporary lane lines.

3. Dimensions of the work zone and street improvements.

4. Advance warning signs.

5. Delineators

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

2. Emergency contact person and phone number.

3. Minimum lane widths and minimum clearance to obstructions.

The traffic control plan shall be reviewed a nd accepted by the Cit y Engineer prior to beginning any removals.

The Contractor shall cooperate with the City Engineer relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to driveways.

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

The Contractor shall provide for controll ed pedestrian crossings through the work.

Crossings shall provide pedestrians a means of passing over or through the work without tracking tack coat or hot asphalt on existi ng concrete work or endangering pedestrian safety. At intersections, if a cross road needs to be temporarily closed when work is in progress through the intersection and the antici pated traffic delay is more than five (5) minutes, a detour sign shall be installed on the cross street and shall include the installation of advance signing displaying the ant icipated delay time. The signing of the detour route shall be approved by the City Engineer prior to installation of the detour and closure of the road.

The Contractor shall provide for one lane of tr avel in each direction at all times unless approved by the City Engineer. When two-way traffic is rest ricted to one lane in each direction, and when applying an overlay past intersecting roads, traffic shall be controlled as required by the “Manual of Traffic Cont rols for Construction and Maintenance Work Zones”. A pilot car and driver will be required at various locations if control by flaggers and/or control devices proves deficient in t he opinion of the City En gineer. In no case shall the Contractor provide less than one (1) lane of travel in each direction through the construction zone including cross-streets, except if an alternative plan is approved by the City Engineer.

Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time. Ov ernight parking of construction equipment shall be confined to an approved storage si te selected by the Contractor and approved by the City.

TEMPORARY GUIDE MARKERS

Temporary guide markers shall be portable Ca ltrans, Standard Specifications approved delineators. Only one type of temporary guide marker shall be used on any road at any one time.

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Temporary guide markers shall be placed adjacen t to the edge of all vertical lips or excavations that exceed 1 inch. If the temporary guide markers are damaged, or are not in an up-right position, from any cause, said markers should immediately be replaced or restored to their original locations, in an upright position by the Contractor.

PORTABLE DELINEATORS

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

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

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

Dry Reflective Value

Angle of Incidence 4º 5º 30º White 250 165 50
Yellow 10 110 50

All tests for reflective values shall be performed in accordance with Test Method No. Calif. 642.

The portable delineators shall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators e xceed thirty (30) feet on tangents or twenty (20) feet on curves.

FLUORESCENT TRAFFIC CONES

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

The fluorescent traffic cones shall be sp aced as necessary for proper delineation; however, in no case shall the spacing between fluorescent cones exceed thirty (30) feet on tangents or twenty (20) feet on curves.

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STRIPING

Temporary striping and marking for traffic cont rol shall conform to Section 601-4 of the Standard Specifications. Temporary striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses.

RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES

The Contractor shall conduct all operations so as to provide access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public.

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

The Contractor shall coordinate all shipments and deliveries to businesses.

The Contractor shall be responsible for fu rnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to the work being done.

No additional amounts shall be paid for erosion control, er osion damage clean-up, and removal of debris from the project site, NPDES requirements, or removal of soil deposited on public streets by construction traffic.

Payment for Traffic Control shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for providin g and maintaining safe traffic control including all temporary signs, striping and delineation, preparing and providing traffic control plan during the project, obtaining al l approvals and permits, as required, from all related agencies, including, but not limited to, public agencie s and the City of Lynwood; and complying with the requirements spec ified in those licenses and permits, coordination, field office facility; and incidentals necessary to perform all related items of work.

Construction Surveying and Staking (No Bid Item)

It shall be the responsibility of the Contractor to supply any and all construction surveying and staking required. All surveying shall be performed under the direct supervision of a California Licensed Land Surveyor or Civil Engineer duly licensed to perform land surveying.

Construction Survey and staking consist of furnishing transportation, labor, materials, and equipment to provide surveying and field engi neering under the direction of a Land Surveyor or Professional Engi neer licensed in the State of California to do surveying.

Furnish skilled labor, instrument platforms, ladders and such other temporary structures, 129

required lighting for making and maintain ing points and lines in connection with the surveys required.

Construction staking shall conform to the Standard Specification Se ction 3-10. Work under this Section includes, but is not limited to, the following:

1. Establish and maintain horizontal and vert ical control points from City Engineer- supplied benchmarks and baselines.

2. Establish temporary benchmarks.

3. Layout of all work.

4. Construction staking for earthwork, pav ing work and median curb required on the project.

5. Control, staking, and grade checking for all earthworks.

6. Maintain records on reproducible contra ct drawings (ASCII points file) of as- constructed locations of project components and features during the course of the project.

7. Unless the project shows a separate bid item for the survey monumentation in bid schedule, contractor shall es tablish/reestablish survey monuments as shown on the construction drawings and file Corner Record Survey with the County Surveyor and the City Engineer.

City Engineer reserves the right to che ck the accuracy of Contractor's survey measurements and calculations. Regardless of whether or not the City Engineer exercises this right, the requirements fo r Contractor accuracy and adequacy will not be waived.

Copies of all completion survey notes, and other data shall be furnished to the City Engineer prior to beginning work that requires their use.

Prior to completion of Project and when re quested by City Engineer, Contractor shall submit a copy of site drawing and certif icate signed by California Registered Land Surveyor or Professional Engi neer as applicable, that elev ations and locations of Work are in conformance with Contract Documents.

Contractor shall set perm anent monuments and file “Recor d of Survey Map”. The contractor shall be responsible to maintain a complete and accurate log of control and survey work as it progresses.

Contractor shall field verify locations of survey control points prior to starting any work on the Project Site. Contractor shall establis h and submit to City E ngineer any temporary 130

control points as necessary due to constructi on activity. The Contractor shall notify City Engineer of any discrepancies discovered and resolve prior to starting any work.

The Contractor shall lay out work from the City Engineer's estab lished control points, baselines, ranges and gauges and shall be responsible for all measurements in connection therewith. Furnish, at Contractor's expense, all stakes, templates, platforms, equipment, range markers, and labor as may be required in laying out any part of the Work from the points and lines established by the City Engineer. The Contractor will be held responsible for the execution of the Wo rk to such lines and grades as may be established or indicated by the City Engineer . It shall be the responsibility of the Contractor to maintain and preserve all st akes and other marks es tablished by the City Engineer until authorized to remove them. If such marks are destroyed by the Contractor or through negligence prior to their authorized removal, they may be replaced by the City Engineer at City Engineer's discretion. The expense of replacement will be deducted from any amounts due, or to become due, the Contractor.

Surveying shall conform to methods, proc edures, and requirements of the CALTRANS Survey Manual. Contractor shall set finish grades at a maximum of 50-ft. intervals for dirt, 25-ft. intervals for rock and at all grade breaks. Contractor shall establish or reestablish baselines and field control points as necessa ry and provide all basic site engineering to assure accurate locations and elevations for construction. It will be contractor’s responsibility to verify location and elevation of existing structures and utilities as required for new work.

Control datum for survey may be indicated on Contract Drawings. Contractor shall locate and protect, or replace survey control a nd reference points, preserve permanent reference points during constr uction and provide record of survey for replacement at record monument. The contractor shall report to City Engineer loss or destruction of any reference point or relocation required because of changes in grades or other reasons and replace dislocated survey control points based on original survey control. There will be no changes without prior written notice to City Engineer.

Payment for Construction Survey and Staking shall be considered as included in the prices paid for the Various Items of work involved as specified in Section 309 of the Standard Construction Specifications and t herefore no additional compensation will be made. This item shall include full compensation for setting permanent monument and file “Record of Survey Map,” preparing and providing survey control plan during the project, obtaining all approvals and permits, as required, from the City Engi neer, including, but not limited to, public agencie s and the City of Lynwood; and complying with the requirements specified in those licenses and permits, coordination, field office facility; and incidentals necessary to perform all related items of work.

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Bid Item No. 3A – Sawcut and Remove Exis ting AC pavement, Base, and Subgrade – Thorson Avenue

This Bid Item shall conform to Subsection 401-2 of the Standard Specifications and shall include all labor, material and equipment required to include the following items of work:

A. Sawcutting and removal by excavation of existing asphalt concrete (AC) pavement and underlying materials excavated to a depth requi red for the placement of a new pavement section as shown on the project drawings. T he excavation shall include, but is not limited to, the subgrade native soils. All work sha ll be completed in a ccordance with these specifications, the lines and grades, and typica l cross-sections shown on the drawings.

The underlying materials which are removed from excavations beneath the existing AC pavement shall be inspected by the City Engineer prior to performing over excavation.

B. Removal of excess soil from milling, excavati on, and legally disposed of concrete materials, debris, shrubs, rubbish and excess material.

C. Maintaining dust control at all times by watering.

D. Removal and disposal of any additional items not specifically mentioned herein, which may be found within the work limits or are shown on the plans to be removed.

E. Removal and disposal of unnamed concrete improvements.

F. Restoration and clean-up of the site.

G. Providing for traffic control and maintenance of access to the driveways, security and safety including signs, barricades, covers, steel plates and/or chain link fencing as necessary.

H. Protecting in place of exis ting water mains, sewers, storm drains, meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures.

I. Removing and relocating all sprinkler lines, h eads, valves, etc. interfering with construction of improvements.

J. All materials removed shall be lawfully disposed of at a site secured by the Contractor. The Contractor will make effort to recycle excavated and demolition materials. The Contractor shall provide the City Engineer with a letter indicating the final disposition of all excavated and demolition materials from the project wit hin five (5) working days after project completion.

K. No excavated or demolished materials shal l be left in the public right of way overnight.

It is the Contractor’s responsibility to do whatever subsurface exploration is required to do a complete bid covering the cost of removal to the grades required.

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The Contractor shall prepare the subgrade in a ccordance with the Specif ications and to the satisfaction of the City Engineer, prior to pl acing a new pavement. This item shall include excavation, backfill, disposal of excess mate rials and fine grading required to establish the grades shown on the Project Plans.

The subgrade preparation shall conform to Section 301-1 of the Standard Specifications.

Unless otherwise specified, soil in the paved ar ea shall be compacted to a relative compaction of ninety-five (95) percent in the top six (6) inches of subgrade prior to placement of gavel base and the remainder shall be ninety (90) percent by a suitable means of compaction.

Final subgrade elevations shall be confirmed by survey elevations per standard specification.

All existing asphalt concrete (AC) pavement that is to be joined by new construction shall be saw-cut in a straight line. C ontractor shall exerci se due caution to avoid any damage to the existing improvements to be protected in-place. Any damage done by the Contractor and/or his equipment shall be repaired or replaced as called out in Se ction 400-1 of the Standard Specifications at the Contractor’s expense.

This work shall consist of cutting existing asphalt concrete or cement concrete to facilitate its removal. Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, strai ght break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until surface course AC is constructed. Under this item, the use of a grinder will not be allowed in lieu of power-driven saw.

Payment for Removal of Existing AC Pavement, Base and Subgrade shall be paid at the contract unit price per Cubic Yard (CY) and shall be considered full compensation for furnishing labor, materials, equipment, sawcutting, removals, hauling and disposal of unsuitable materials, grade for the base, compaction and no additional compensation will be allowed therefor.

Bid Item No. 4A – Sawcut and Remove Existing Concrete Longitudinal Gutter – Thorson Avenue

This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing c oncrete Gutter and sub-grade compaction.

Removal of concrete gutter as shown on the Contract Drawings, shall conform to Subsection 401-3.2 of the Standard Specifications for Public Works Construction.

Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, st raight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete curb and gutter is constructed. The exact location of curb and gutter removal shall be approved by the City Engineer in the field. Generally sawcuts shall be on existing joints or score mark.
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All necessary sawcutting of existing concrete gutter shall be to the lines as required by the City Engineer. Sawcutting shall be in cluded in the unit price and no further compensation shall be made.

All materials to be removed as indicated on the plans shall be disposed of at a legal site as specified in subsection 401-3.2 of the Standard Specifications for Public Works Construction.

Payment for Sawcut and Remove Existing Concrete Longitudinal Gutter shall be paid for at the contract unit price per Square Foot (SF) and shall be considered full compensation for complying with the above requirements and shall include furnishing of labor, materials, equipment, sawcutting, removal, excavation, hauling, properly disposing, protection of facilities, gradi ng, sub-grade compaction, rest oration and incidentals for doing all the work involved complete in place and no additional compensation will be allowed.

Bid Item No. 5A – Construct 4’ Wide Concrete Longitudinal Gutter – Thorson Avenue
Bid Item No. 6A – Construct 6’ Wide Concrete Longitudinal Gutter - Thorson Avenue

This Bid Item shall include all labor, materi al and equipment required to place concrete longitudinal gutter for the project. Concrete longitudinal gutter shall conform to the provisions of Section 303-5 of the Standard Specifications for Public Works Construction, City of Lynwood Standard Plans for Public Works Construction and the Street Improvement Plans made part of these Specifications. Longitudinal gutter shall be constructed per SPPWC 122-3. Concrete shall be Class 520-C-2500 as specified in Section 201-1.1.2 of the Standard Specifications for Public Works Construction.

Concrete longitudinal gutter shall be constructed to the line, grades and design shown on the plans or as ordered by the City Engineer. Existing concrete longitudinal gutter to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work wit h graffiti markings and blemishes at no additional cost to the City. Work shall include replacement of any AC removed to provide space for forming at no additional cost to the City.

Payment for Construct Longitudinal Gutter shall conform to the provisions of Subsection 303-5.9 of the Standard Specifications for Public Works Construction. 6” thick compacted Crushed Aggregate Base (CAB) under the curb and gutter shall be paid under a separate Bid Item.

Payment for Construction of Concrete Longitudinal Gutter shall be paid for at the contract unit price per Square Foot (SF) and shall include full compensation for furnishing all labor, materials, tools, equipment, backf illing, grading, compacting, forming, pouring, finishing, hauling, properly disposing, and incidentals for doing all the work involved complete in place and no additional compensation will be allowed therefor.

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Bid Item No. 7A – Provid e and Place Crushed Aggregate Base (CAB) – Thorson Avenue
Crushed Aggregate Base (CAB) shall be certified in conformance with the requirements

specified in Section 200-2.4 for untreated base material of the Standard Specifications and shall be placed and compacted per plan s and specifications and per Section 301 of Standard Specifications for Public Works Construction.

The gravel base shall be compacted to a mi nimum 95 percent relative compaction. All pavement section within the project site shall be conducted as shown on the plan, these specifications and or directed by the City Engineer.

Payment for the Placement of Crushed Aggregate Base (CAB) shall be at the contract unit price per Ton (TON) and shall include full compensation for furnishing all labor, materials, tools, equipment, backfilling, grading, compacting, finishing, hauling, disposing, and incidentals and for doing all the work involved complete in place and no additional compensation will be allowed therefor.

Bid Item No. 8A – Construct 1”-Thi ck AC Base Course B-PG 64-10 – Thorson Avenue
The work in this section shall include al l labor, materials, and equipment required to complete all asphalt concrete paving work as following.  B-PG 64-10 – Depth as indicated on the plans.

This bid item includes the placement of asphalt concrete (AC) Base course to a minimum depth of 4 inch over existing AC as shown on the project plans.

Work shall conform to Section 203-6 of t he Standard Specifications for Public Works

Construction, these Specifications and as directed by the Engineer.

The Contractor shall submit to the City Engineer a written Construction Plan for the project that include; street sweeping equipment, paving equipment and speed, finish roller type, number of passes required, am plitude and period of roller vi bration (if used) and truck haul route.

Pneumatic rollers shall not be used. Placement of asphalt concrete shall be installed with a 3 or 5-ton tandem roller. Either vibr atory or static will be determined by the City Engineer.

All asphalt concrete work shall be perfo rmed in accordance with Subsection 302-5 “Asphalt Concrete Pavement” and Section 302-9 the Standard Specifications for Public Works Construction and these Specifications.
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Prior to the placement of asphalt concrete, contractor shall clean up milled surface by sweeping or washing before any overlay pavem ent take place. Otherwise the dirt and dust will decrease the bond betw een the new overlay and the ex isting pavement. When sweeping, more than one pass is needed to remo ve all the dirt and dust. If the milled surface is washed, the pavement must be allowed to dry pr ior to pavement. All debris, dirt, and gravel from the su rface should be removed and a tack coat of grade SS-1H emulsified asphalt conforming to the provisi on in Subsection 203-3 “Emulsified Asphalt” of the Standard Specifications of Public Works Construction shall be uniformly applied to all existing pavement surfaces and contact surface edges.

A Certificate of Compliance shall be required from the supplier of the asphalt concrete and delivered to the Engineer not less than Ten (10) working days prior to any scheduled asphalt concrete work. Asphalt concrete sha ll be placed, compacted to 95% relative density.

The field density of compacted Asphalt Concrete (AC) pavement shall be determined by a nuclear asphalt testing device, tested and calibrated in conformance with California Test 375, in the field designed to measure the dens ity of pavement of the thickness being constructed. All test sections (and any such areas where cores are taken for calibration) shall have compactions consistently in excess of 95% based on the nuclear gauge.

Mix designs submitted for review shall have been performed within Fifteen (15) days from Award of Contract. At the beginning of the paving operation, Contractor shall cooperate with City Engineer and establish a rolling patte rn to obtain acceptable density in the compacted asphalt concrete surface. Once the rolling pattern is established, Contractor shall follow this pattern unless otherwise directed by the Engineer.

Tack Coat (Not a Bid Item)

Asphalt emulsion binder shall comply with Se ction 302-5.4, “Tack Coat, of Standard Specification for Public Works Construction and these Specifications, and as directed by the Engineer.

When asphalt concrete is placed in contac t with existing asphalt concrete, the surface shall be completely dry of water, clean of dirt and debris, and a tack coat of asphaltic emulsion shall be applied to insure proper b ond. Asphaltic emulsion shall be applied to all vertical surfaces of existing pavement, curbs, and gutters, and construction joints against which asphalt concrete material is to be placed, to pavement to be surfaced and to other surfaces designated in the specifications or as directed by the City Engineer.

The overlay shall not be placed until the binder has cured to the point where it is tacky to the touch and as directed by the Engineer. Asphalt emulsion binder shall be applied so far in advance of placing the surfacing as permitted by the City Engineer. Immediately in advance of placing the overlay, additional asphalt emulsion binder shall be applied as directed by the Engineer to areas where the asphalt emulsion binder has been damaged, and loose or extraneous material shall be removed, and additional compensation will be not be allowed.
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The area to which asphalt emulsion binder has been applied shall be closed to public traffic. Care shall be taken to avoid tr acking binder material onto existing pavement surfaces beyond the limits of the construction.

A tack coat shall be applied to all concrete or gutter surfaces that will be in contact with the asphalt surfacing. The tack coat shall consist of PG-64-16 paving asphalt. It shall be furnished and applied in accordance with the requirements of Section 203, and 302-5 of the SSPWC.

Apply tack coat at a rate not to exceed one-tenth (1/10) gallon per square yard uniformly in one coat on all vertical joins of AC patching and PCC surfaces and edges against which AC is to be placed. The surface to be covered shall be thoroughly cleaned of all dirt and loose materials prior to application of the asphalt binder.

Payment for Asphalt Concrete Base Course (1”-Thick) will be measured and paid by the Ton ( TON) actually placed accompanied by we ight certificates which shall be furnished by the Contractor to the Engineer at the job site upon delivery of the material.

Certificates shall be a legible copy of a licensed weigh master's certificate showing gross tare, and net weight of each truckload of as phalt concrete. Measurement shall conform to Section 7-1 of Standard Specifications of Public Works Construction.

The contract unit price paid for “Asphalt Concrete Pavement”, shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in constructing asphalt concrete overlay complete in place as shown on the project plans found and as specified in these specifications.

Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the specifications of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities. No co mpensation will be allowed for hauling rejected material.

Payment for asphalt emulsion binder (Tack C oat) and preparation for overlay shall be included in the contract unit price paid for Asphalt concrete pavement.

Bid Item No. 9A – Construct ARHM Overlay (2” Thick) – Thorson Avenue

Asphalt concrete surface course shall be Asphalt Rubber Hot Mix as shown on the plans, ARHM-GG-C, wet process, as specified in Section 203-1 1 and 302-9 of the Standard Specifications for Public Works Construction and shall conform to the following:

Composition and Grading shall be per Section 203-11.3 of th e Standard Specifications for Public Works Construction. The Contractor shall submit a copy of the asphalt concrete mix design, a sample of the asphalt concrete , a sample of the aggregate, and a sample 137

of the paving asphalt (AR or PG) to the City or its designated laboratory a minimum of two weeks prior to the start of construction.

The Contractor shall use a PG Asphalt Binder.

PG Asphalt binder shall conform to the following requirements:

1. Description

Asphalt shall consist of refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt, prepared from crude petroleum. Asphalt shall be:

A. Free from residues caused by the artificial distillation of coal, coal tar, or paraffin.

B. Free from water.

C. Homogeneous.

2. Materials

A. General

The Contractor shall furnish asphalt in conformance with the State of California Department of Transportation (Caltrans) “C ertification Program for Suppliers of Asphalt.” Caltrans maintains the program requirements, procedures, and a list of approved suppliers at: http://www.dot.ca.gov/hq/esc/Translab/fpmcoc.htm.

The Contractor shall ensure the safe transportation, storage, use, and disposal of asphalt.

The Contractor shall prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction.

B. Grades

Performance graded (PG) asphalt binder s hall be PG 64-16 and conform to the following:

Performance Graded Asphalt Binder

Property

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

3.0 3.0

3.0 3.0

3.0 138

Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*/sin
(delta), kPa
T315
58 1.00

64 1.00

64 1.00

64 1.00

70 1.00
RTFO Test e,
Mass Loss, Maximum, %
T240

1.00 1.00

1.00 1.00

1.00 RTFO Test Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*/sin(delta), kPa
T315
58 2.20

64 2.20

64 2.20

64 2.20

70 2.20
Ductility at 25ºC
Minimum, cm
T51
75 75

75 75

75 PAV f Aging,
Temperature, ºC
R28
100

100

100

100

100

Notes:
a. Recommended as asphalt rubber base stock for high mountain and high desert area.
b. The Engineer will waive this specification if the supplie r is a Quality Supplier as defined by the Caltrans’ “Certification Program for Suppliers of Asphalt.” c. The Engineer will waive this specification if the supplier certifies the asphalt binder can be adequately pumped and mi xed at temperatures meeting applicable safety standards.
d. The Department will test the sample at 3ºC higher if it fails at the specified test temperature. G*sin(delta) shall remain 5000 kPa maximum. e. “RTFO Test” means the asphaltic residue obtained using the Rolling Thin Film Oven Test, AASHTO Test Method T240 or ASTM Designation: D 2827. f. “PAV” means Pressurized Aging Vessel.

C. Sampling

The Contractor shall provide a sampling device in the asphalt feed line connecting the plant storage tanks to the asphalt weighing system or spray bar. The sampling device shall be accessible between 600 and 750 mm above the platform. The Contractor shall provide a receptacle for flushing the sampling device.

The sampling device shall include a valve:
1) With a diameter between 10 and 20 mm.

RTFO Test and PAV A
ged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*sin
(delta), kPa
T315
22 d
5000

31 d
5000

28 d
5000

22 d
5000

34 d
5000
Creep Stiffness,
Test Temperature, ºC
Maximum S-value, MPa
Minimum M-value
T313
-12
300

0.300

0 300

0.300

-6
300

0.300

-18
300

0.300

0 300

0.300
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2) Manufactured in a manner that a one-liter sample may be taken slowly at any time during plant operations.
3)
Maintained in good condition.

The Contractor shall replace failed valves.

In the presence of the Engi neer, the Contractor shall take 2 one-liter samples per operating day. The Contractor sha ll provide round friction top containers with one-liter capacity for storing samples.

D. Applying Asphalt
Unless otherwise specified, the Contractor shall heat and apply asphalt in conformance with the provisions in Calt rans Standard Specifications Section 93, “Liquid Asphalts.”
The Contractor shall apply paving asphalt at a temperature between 120º and 190ºC. The Engineer will determine the exact temperature of paving asphalt.

The Contractor shall make modifications to the proposed mix design as required by the City or its designated laboratory to insure that the proposed asphalt concrete mix will meet the minimum stability ("S") values. No asphalt concrete shall be placed until such time as the City has tested and approved the Contractor's proposed asphalt concrete mix design. A ggregate produced from slag resulting from any steel-making process or from air-cooled iron blast furnace slag shall not be used on this project.

Asphalt concrete shall be placed wit h paving machine equipped with a “Preco” attachment or similar device for use in obtaining consta nt cross-slope and maximum joint quality.

The Contractor shall place the ARHM a maximum of 48 hours after the commencement of all edge grin ding operations during any stage of the work for this project.

Apply SS-1H tack coat at a rate not to e xceed one-tenth (1/10) gallon per square yard uniformly in one coat on all vertical joins of AC patching and P.C.C. surfaces and edges against which ARHM is to be placed. Diesel fuel shall not be used for cleaning purposed within the limits of this project.

Distribution and spreading shall conform to 302-5.5 except that at the time of delivery to the work site, the temperature of the ARHM-GG shall be 300°F minimum to 325°F maximum. At the discretion of the Owner’s Representative, this maximum temperature may be raised to 350°F during cold climatic conditions. Atmospheric temperature shall be 50°F and rising or as approved by the agency’s representative. 140
The Contractor shall utilize a paving ma chine equipped with an aut omatic adjusting screed, which is actuated by a 30-foot "ski", for the entire ARHM-GG overlay.

ARHM-GG shall not be placed in lifts that exceed four (4) inches in thickness. Breakdown compaction shall be performed with a two-axle or three-axle tandem or three-wheel roller weighing not less than 12 tons for all ARHM-GG lift thickness of four (4) inches or less.

Breakdown compaction shall be performed with a vibratory roller weighing not less than 12 tons for all ARHM-GG lift thickness between two (2) and four (4) inches. When more than one layer of ARHM-GG is required, the layers shall be of equal thickness.

ARHM-GG shall be thoroughly compacted by rolling. The number of rollers necessary will be established in accordance with Section 302-5.6.1 of the Greenbook Specifications. All compacted ARHM-GG shall have a relative compaction of not less than 95 percent in accordance with Section 302-5.6.2 of the Greenbook Specifications.

Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. Join lines between successive runs shall be within 6 inches of lane lines or a minimum of 12 feet outside of the outer most lane line.

Lots consisting of 500 tons will be established for ARHM-GG areas to be tested. The City or its designated laboratory shall perform density testing utilizing a properly calibrated nuclear asphalt-testing device. The City shall pay for all initial testing and a reasonable amount of retesting utilizing the nuclear asphalt-testing device. If the test results for any lot of ARHM- GG indicate that the relative compaction is below 95 percent the Contractor will be advised that he is not attain ing the required relative compaction and that his materials or his procedures, or both, need adjustment. ARHM-GG spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction. Core test ing of areas not meet ing the 95 percent requirement will be conducted by the City's designated lab. Any and all testing beyond the initial core testing will be at the sole expense of the Contractor.

If the test results for any lot of ARHM-GG continue to indicate that the relative compaction is less than 95 percent after adjustments have been made, the ARHM-GG represented by that lot may be required to be removed and replaced at the Contractor's expense and the Contractor shall suspend all further paving operations until the Contractor can demonstrate to the City that relative compactions of 95 percent can be obtained . It shall be the sole judgment of the City Engine er to determine adequate remedy and/or a reduction in compensation for any lot failing to meet 95 percent relative compaction.

The City’s designated laboratory will obtain samples of the ARHM-GG from each lot to perfor
m extraction tests to insure the proper aggregate gradation and asphalt content is being supplied in accordance with the approved ARHM-GG mix design. If the test results for any lot of ARHM-GG indicate that the ARHM-GG does not meet the requirements of the approved mix design the Contractor will be advised that he is not attaining the required composition and grading and that his materi als need adjustment. ARHM-GG spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment 141
that will be made in order to meet the approved mix design. If the test results for any lot of ARHM-GG continue to indicate that the composition and grading does not conform to the approved mix design after adjustments have been made, the ARHM-GG represented by that lot shall be removed and replaced at the Contractor's expense and the Contractor shall suspend all further paving operations until the Contractor can demonstrate to the City that the ARHM-GG is in accordance with the approved mix design.

The Contractor shall provide for adequate quality control measures to insure that delivery of asphalt rubber shall be neither too slow nor too fast to prevent stopping of the paving operation and/or cooling of the asphalt rubber material. Material delivery scheduling and handling is critical to provide for optimum compaction opportunity and maximize ride quality performance.

Rock dust blotter material shall be required immediately after the completion of the "finish rolling" and prior to opening to traffic to prevent bleeding and tracking of the asphalt rubber material.

Rock dust blotter shall be per Section 200-1.2 of the Standard Specifications and shall be uniformly applied using a mechanical spreader, which distributes uniformly at a rate of approximately three pounds per square yard. Compaction rollers shall not be allowed on the rock dust covered pavement surfaces. A ll excess rock dust blotter shall be removed from the street at the end of each workday. The removal of the rock dust blotter shall include removal from adjacent streets as needed. No excess rock dust blotter shall be left on any street after normal work hours. The cost of this application will be included into the contract unit price bid for ARHM.

Measurement
The quantit
ies of the asphalt rubber hot mix (ARHM) to be paid for will be measured by the actual tonnage (ton) of ma terial and no additional compensation will be allowed therefor. The Contractor shall furnish to the City Engineer at the time of delivery of the material on the job site a legible copy of a licensed weighmater’s certificate showing gross, tare, and net weights of each truckload of asphalt concrete mixture.

Tack Coat (Not a Bid item)
Existing concrete gutter and curb faces shall be protected against disfigurem ent from the
asphalt. Residue of the mate rial shall be removed from gutter and curb faces by sandblasting to the extent required by the Engineer.

The tack coat shall be applied as specifie d in Subsection 302-5.4 of the Standard Specifications and these Special Provisions. The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40 degrees F in the shade.

No separate measurement and payment will be made for tack coat. Payment shall be included in the contract unit price for ARHM-GG Pavement. 142
Payment for Construction of ARHM Overlay, shall conform to the provisions of

Subsection 302-5.9 of the Standard Specifications for Public Works Construction. All the requirements stated above shall be in cluded in the unit price bid per TON. The contract unit price per ton shall include full compensation for all surface preparation furnishing all labor, materials, tools, equipment, removals , disposal, certified weigh tickets, and incidentals and for doing all the work involved, including furnishing, applying and cleaning up excess rock dust blotter. The City will not compensate the Contractor for any additional costs incurred by change or lack of availability of asphalt binders. Temporary surface work where required by the Cit y Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed.

Bid Item No. 10A – Install Public Improvement Project Signs – Thorson Avenue Bid Item No. 10 – Install Public Improvement Project Signs - Slurry Seal The Contractor shall supply, erect, and maintain public improvement project si gns for the
duration of construction according to the spec ifications set forth below. A scaled layout of the sign shall be submitted to the City Engineer for approval prior to fabrication. The sign is illustrated in Appendix “F”.

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

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

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

Mounting:

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

Paint: Panel Face: Three coats outdoor enam el (sprayed) Panel Rear and Frame:

Two coats outdoor enamel (sprayed).

Color:

Stark white background and blue lettering.

Lettering: Silkscreen
enamels, Helvetica medium.

Covering:
1/4 inch clear plastic.

Location:

The signs shall be placed at each end of the street t hat work is being constructed on. If various locations of work are included, the signs will be moved by the Contractor per the AGENCY’s schedule.
143
Disposition: After the Notice of Completion is issued, the sign shall become the property of the AGENCY, and the Contractor s hall deliver the sign to the Public Works Facility at no expense to the AGENCY.

Should, at the time, Contractor need to prepare the signs, Contractor is to check with City as to approved sign the Public Works Department may have in storage that can be used.

Should the City have such si gns, they shall be used in lieu of the making new signs.

Should the City have signs at the Public Works Department that the Contractor can use, the Contractor will only be paid for signs the Contractor has made and are so furnished.

Payment for Installation of Public Improvement Project Signs shall be at the contract unit price per Each (EA) and shall include full compensation for all labor and materials, tools, equipment, and for doing all work involv ed, including delivery of the sign to the Public Works Facility at the end of the project.

Bid Item No. 11 – Cold Mill Existing AC Pavement 2” Deep - Slurry Seal Cold millin
g shall conform to the provisions of Section 404 of the SSPWC. The Contractor shall cold mill existing AC pavement as dimensioned and as otherwise designated on the plans as modified by City Engineer recommendat ions following the additional coring.

Cold milling shall remove and dispose existing AC pavement to provide an overlay key at joins and over the width of the cold milled area. Additional depths of cold milling may be required as determined by the City Engineer. The surface of pavement after cold milling shall be uniformly rough grooved or ridged as directed by t he City Engineer. The grade shall not deviate from a suitable straight edge by more than 1/8” at any point. Contractor shall recompact any exposed base material to relative compaction.

The Contractor shall be aware of existing concrete pavement and concrete gutters that may exist below the existing pavement. The Contractor is responsible for determining the location and pavement existing thickness prior to cold milling. The Contractor shall use a cold milling machine with a smaller cutting head to remove all material not removed by the larger cold milling machine to the limits shown on the typical detail.

Where transverse joints are planed in the pav ement at conform lines, no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic, a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered not greater than one-inch (1”) vertical in twelve inches (12”) horizontal.

During the cold milling operation, the Contractor shall sw eep the street with mechanical broom equipment and remove all loosened materi al from milled areas . The Contractor shall abate dust nuisance by cleaning, swe eping, and sprinkling with recycled water (if available) or other means as necessary.
144
Planed pavement shall not remain exposed to traffic for more than two (2) working days in advance of the placement of asphalt concrete paving materi als, and it shall be the responsibility of the Contractor to schedul e planning (Milling) and paving operations to meet this requirement.

All materials to be removed shall be disposed of at a legal site as specified in subsection 404-8 of SSPWC and reported to the City.

Payment for Cold Mill Existing A.C. Pavement shall be made on a Square Foot (SF) unit price basis and shall be considered full compensation for complying with the above requirements and considered as included in the contract unit price. Furnishing of labor, materials, equipment, removal, hauling, properly disposing, pr otection of facilities and restoration to complete the construction are considered as included in the price, and no additional compensation will be allowed therefor.

Bid Item No. 12 – Construct 2” Thick AC (C2-PG 64-10) - Slurry Seal This Bid Item shall include all labor, material and equipment required to construct asphalt concrete. AC, as shown on the plans and as specified in Section 203- 1 of the
Standard Specifications for Public Works Construction and shall conform to the following:

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

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

All materials are subject to testing under separate Bid Item.

Tack coat shall be Grade SS-1H, per Section 302-5.4 and shall be applied to the perimeter of all AC removal and replacement locations and cold milling locations. (All tack coat overspray on gutter lip shall be removed.)
The Contractor shall use a PG Asphalt Binder.

PG Asphalt binder shall conform to the following requirements:

1. Description
Asphalt shall consist of refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt, prepared from crude petroleum. Asphalt shall be:

A. Free from residues caused by the artificial distillation of coal, coal tar, or paraffin.

B. Free from water.

C. Homogeneous.
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2. Materials
A. General
The Contractor shall furnish asphalt in conformance with the State of California Department of Transportation (Caltrans) “C
ertification Program for Suppliers of Asphalt.”
Caltrans maintains the program requirements, procedures, and a list of approved suppliers can be obtained from (Caltrans).

The Contractor shall ensure the safe transportation, storage, use, and disposal of asphalt. The Contractor shall prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction.

B. Grades
Performance graded (PG) asphalt binder shall be PG 64-10 and conform to the following:

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

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

1.00 1.00 1.00 1.00 1.00
RTFO Test Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*/sin(delta),
kPa
T315
58 2.20
64 2.20
64 2.20
64 2.20
70 2.20
Ductility at 25ºC
Minimum, cm
T51
75 75 75 75 75
PAV f Aging,
Temperature, ºC
R28
100 100 100 100 100
146

Notes:
a.Recommended as asphalt rubber base stock for high mountain and high desert area. b.The Engineer may waive this specification if the supplier is a Quality Supplier as defined by the Caltrans’ “Certification Program for Suppliers of Asphalt.” c.The Engineer may waive this specification if the supplier certifies the asphalt binder can be adequately pumped and mixed at temperatures meeting applicable safety standards.
d.The sample will be tested at 3ºC higher if it fails at the specified test temperature.

G*sin(delta) shall remain 5000 kPa maximum.
e.“RTFO Test” means the asphaltic residue obtained using the Rolling Thin Film Oven Test, AASHTO Test Method T240 or ASTM Designation: D 2827. f. “PAV” means Pressurized Aging Vessel.

C. Sampling

The Contractor’s asphalt supplier shall provide a sampling device in the asphalt feed line connecting the plant storage tanks to the asphalt weighing system or spray bar.

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

The sampling device shall include a valve:

1) With a diameter between 10 and 20 mm.
2) Manufactured in a manner that a one-liter sample may be taken slowly at any time during plant operations.
3) Maintained in good condition.

The Contractor’s supplier shall replace failed valves.

In the presence of the City Engineer, the Contractor’s supplier shall take 2 one-liter samples per operating day. Round friction top containers with one-liter capacity for storing samples shall be provided.

D. Applying Asphalt

RTFO Test and PAV A
ged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*sin
(delta), kPa
T315
22 d
5000

31 d
5000

28 d
5000

22 d
5000

34 d
5000
Creep Stiffness,
Test Temperature, ºC
Maximum S-value, MPa
Minimum M-value
T313
-12
300

0.300

0 300

0.300

-6
300

0.300

-18
300

0.300

0 300

0.300
147
Unless otherwise specified, the Contractor shall heat and apply asphalt in conformance with the provisions in Caltrans Standard Specifications Section 93, “Liquid Asphalts.” The Contractor shall apply paving asphalt at a temperature between 120ºC and 190ºC.

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

Subgrade preparation shall conform to Section 301-1 of the Standard Specifications for sections containing no aggregate base. After removal of the existing pavement section to the depths required to place the new AC section, re-compaction of the existing subgrade, if non-AC or non-PC, will be required to 95 percent in conformance with the requirements set forth in Section 301-1.3 of the Standard Specifications for Public Works Construction.

At all locations where new asphalt concrete pavement is joining existing asphalt pavement, the Contractor shall Sawcut or cold mill/grind existing pavement to provide straight neat lines and place the new asphalt concrete to form a smooth transition.

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

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

Initial or breakdown compaction shall consist of a minimum of three roller passes coverage of a layer of asphalt mixture. A pass shall be a movement of a roller in both directions over the same path. Coverage shall be as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage made to insure compaction without displacement of material in accordance with good rolling practice shall be considered a part of the coverage being made and not a part of a subsequent coverage. Each coverage shall be completed before subsequent coverage is started. Pneumatic rollers shall not be used without prior approval of the City Engineer. The top AC layer of each lane, once commenced, shall be placed without interruption.

3. Measurement
The quantities of the asphalt concrete to be paid for will be measured by the actual tonnage (ton) of material and no additional compensation will be allowed therefor. The Contractor shall furnish to the City Engineer at the time of delivery of the material on the job site a legible copy of a Licensed Weighmaster’s Certificate showing gross, tare, and net weights of each truckload of asphalt concrete mixture.

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

Temporary asphalt concrete work where required by the City Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic Control and no additional compensation will be allowed.
148
T
ack Coat (Not a Bid item)
Existing concrete gutter and curb faces shall be protected against disfigurem ent from
the asphalt. Residue of the material shall be removed from gutter and curb faces by sandblasting to the extent required by the Engineer.

The tack coat shall be applied as specified in Subsection 302-5.4 of the Standard Specifications and these Special Provisions. The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40 degrees F in the shade.

No separate measurement and payment will be made for tack coat.

Payment for Construct 2” Thick AC (C2-PG 64-10) shall conform to the provisions of Subsection 302-5.9 of the Standard Specifications for Public Works Construction. All the requirements stated above shall be included in the unit price bid per TON. The contract unit price per ton shall include full compensation for all surface preparation furnishing all labor, materials, tools, equipment, removals, disposal, certified weigh tickets, and incidentals and for doing all the work involved, including furnishing, applying and cleaning up excess rock dust blotter. The City will not compensate the Contractor for any additional costs incurred by change or lack of availability of asphalt binders.

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

Bid Item No. 13 – Place Slurry Seal Type II with 3% Latex - Slurry Seal SECTION 203-5 – EMULSION-AGGREGATE SLURRY
203-5.2 Materials
Materials shall confor
m to Subsection 203-5 of the Standard Specifications, except as modified herein. Emulsion – aggregate slurry shall be Type II, unless otherwise indicated on the plans or in these specifications. The amount and type of accelerator used shall be approved by the Engineer.

Emulsified asphalt shall be CQS-1h
Prior to a change of emulsion, Contractor shall thoroughly clean all emulsion tanks and mixing units to prevent any chemical reaction between the two applications.

Contractor shall schedule and coordinate the delivery of aggregate to the stockpile(s) such that: (1) deliveries originate at the plant and arrive at the stockpile site within 149

normal work hours on the same calendar day, (2) delivery site and project name are explicitly state on each delivery ticket, (3) successive deliveries on the same calendar day show the cumulative total for that day, (4) copies of all delivery tickets are delivered to the Engineer before the end of the working day, whereas any delivery tickets not so delivered may be rejected be the Engineer. Any deviation from this process must have the prior approval of the Engineer.

203-5.6 Test Reports and Certification. A certification of material compliance shall be provided at least 48 hours prior to delivery of emulsion to the project.

Testing shall be accomplished by an accredited materials testing laboratory approved by the Engineer and paid for by the Contractor. Tests performed shall provide values corresponding to all parameters set forth in the table of requirements for the materials specified.

SECTION 302 – ROADWAY SURFACING

302-4 EMULSION – SLURRY SEAL SURFACING

302-4.2 Mixing

302-4.2 General. Transit mix trucks shall not be used.

Contractor shall arrange with the City for appropriate areas for stockpiling and batching.

The stockpile areas shall be thoroughly cleaned, removing all excess material and all material contaminated by spilled oil, and left with a neat, orderly appearance upon completion of slurry operations in that area.

All trucks which the Contractor proposes to use that exceed the legal load limit will be required to have overweight permits from the Agency.

Prior to the beginning of slurry operations, Contractor shall furnish, at no cost to the Agency, a current licensed weigh master’s certificate indicating the net weight capacity of the aggregate bin.

Contractor shall supply the Engineer with licensed weigh master’s certificates of weights for all aggregate delivered to the job during the course of each day. Aggregate so certified as being delivered for use in the contract shall be used only in the slurry mixture for this contract. Contractor shall also present weigh master’s certificates for the amount of such aggregate remaining unused at the completion of the contract at no cost to the Agency. Payment shall be determined by deducting the amount of unused aggregate from the total amount of aggregate delivered, all as shown on the licensed weigh master’s certificates. The certificates shall be presented to the Engineer on the same day the aggregate is delivered.

150
Water (excluding that water in the emulsified asphalt) shall be added at a rate of from 5 to 10 percent by weight of dry aggregate to ensure proper dispersion of the emulsified asphalt and proper workability, while (1) avoiding excess water which would allow separation and settlement of the aggregate, (2) avoiding insufficient water which would result in balling and coagulation in the mixer, and (3) permitting uncontrolled vehicular traffic as specified herein. The exact rate will be determined by the Contractor based upon field conditions subject to approval of the Engineer. 302-4.5Continuous-Flow Mixers. The mixing unit shall be equipped with a fines feeder for addition of accelerator.

The spreader box shall be equipped with a suitable drag to erase ridges. A minimum 2- foot length of burlap material shall be attached to the entire width of the drag. The spreader box shall be equipped with a steering device.

The slurry spreader box shall be maintained in a good state of repair at all times. The spreader box main strike off squeegee (rubber) shall be new at the beginning of the contract and shall be maintained in a good state of repair throughout the contract.

Equipment shall be available for inspection before the beginning of the contract and again before work is to be accomplished.
302-4.5 Application
302-4.5.1General. The first paragraph of Subsection 302-4.5.1 of the Standard Specifications is hereby deleted and replaced with the following:

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

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

Actual spread rates shall be approved by the Engineer.
302-4.5.1 Preparation. Prior to application of the slurry, all cracks ¼ inch wide or greater shall be cleaned by blowing out debris with high pressure compressed air and the surrounding area shall be swept the same day. See following Section on Crack Sealing.

All isolated holes and spalls greater than 12 inch in width shall be skin patched and filled with AC F-AR-4000 compacted flush with existing surface.

Preparation shall include protection of pavement markers, manhole and valve covers, trimming of interfering trees, shrubbery and ground growth, removing trimmed 151
vegetation, controlling nuisance water, and sweeping. Immediately prior to slurry application, the surface shall be cleaned of dust, dirt and other foreign material.

Contractor shall protect existing raised pavement markers, vault covers, manholes, valve box covers by means approved by the Agency prior to the commencement of any slurry application.

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

Slurry shall not be applied over any manhole, valve, survey monument, or miscellaneous frames and covers. Any material used to protect such devices shall be removed and disposed of lawfully by the Contractor.
302-4.5 Spreading The first sentence of Subsection 302-4.5.2 is hereby deleted and replaced with the following:

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

Each slurry crew shall be composed of a coordinator at the project site at all times, a competent quick-set mixing person, a competent driver, and sufficient laborers for any handwork and cleanup.

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

No slurry seal shall be placed on a wet street or crossing without the Engineer’s consent.

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

Intersections and commercial driveways shall be completed in two parts to allow ingress and egress to traffic. Sand may be spread over the fresh slurry only with the permission of the Engineer.
152
The cost of cleanup and/or damage caused by vehicles tracking through the slurry seal will be born solely by the Contractor.

All slurried streets shall be swept by power broom six (6) days after spreading. 302-4.5.5Public Convenience and Traffic Control. The spreading schedule shall list the street segments in order of proposed application and denote which segments are to be completed each day.

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

At least 7-working days prior to commencing work, the Contractor shall submit this slurrying schedule to the Engineer for approval. This schedule shall allow ample on- street parking within a reasonable distance from homes and businesses for people affected by the slurry work on the streets. Requests for changes in the schedule shall be submitted by the Contractor to the Engineer for approval at least 48 hours (2 working days) prior to the scheduled slurry of the streets involved.

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

Failure of the Contractor to meet and complete his daily schedule due to conditions under his control once a street has been posted and the aforesaid time provisions for changes in the schedule have elapsed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impractical and extremely difficult to determine. For each day the Contractor fails to meet and complete the schedule after posting and after the aforesaid time provisions for changes in the schedule have elapsed, the Contractor shall pay to the Agency, or have withheld monies due to him the sum of two hundred fifty dollars ($250) as liquidated damages for each calendar day.

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

Contractor shall provide barricades and other traffic control devices as necessary to eliminate traffic on areas of fresh slurry that might sustain damage from such traffic.

Whenever striping is obliterated, temporary reflective raised pavement markers shall be placed prior to the end of the working day that the striping is obliterated. The minimum 153
striping delineation to be provided shall be temporary reflective raised pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary reflective raised pavement markers shall be double yellow for the centerline and white for the lane line.

Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer’s instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive which shall not be used. 302-4.10 Measurement and Payment. The second paragraph of Subsection 302-4.10 of the Standard Specifications is hereby deleted and replaced with the following:

The contract unit price per Extra Long Ton (ELT) shall include full compensation for furnishing and installing emulsion polymer as specified, accelerator or retardant and water, and all preparation, traffic control, temporary striping delineation, rubber tire rolling where specified, and other incidentals described in the work and no additional compensation shall be allowed thereof.

Bid Item No. 14 – Install Crack Seal and Spray Weed Killer - Slurry Seal Crack Sealing
Add the following section:

Cracks to b
e repaired shall include longitudinal and transverse cracks and/or combination thereof and shall include cracks equal to ¼ inch and greater wide.

The contractor shall spray all cracks to be sealed with “Round Up” weed killer solution manufactured by Monsanto Co
mpany or approved equal; at the rate recommended by
the manufacturer. The chemical solution shall be mixed with purple dye to facilitate inspection. Any crack without purple color showing after spraying, the Contractor shall be directed to spray these cracks again at no additional cost to the City.

Seven (7) calendar days after chemical application, the Contractor shall remove all weed and vegetation by mechanical means using a ¼ inch wide rotating blade to ensure proper vegetation removal in narrow cracks.

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

All routed material and foreign debris shall be blown and/or removed from the cracks using no less than a 175 cfm air compressor at 100 psi (with a special sand for blowing) to ensure cleanliness of asphalt walls.
154
Moisture shall be removed using a hot air lance accompanied by no less than a 175 cfm compressor producing an air stream velocity of 3,000 ft/sec and heated air temperature of 295F with no direct flame.

The routed and cleaned cracks shall be filled with crack sealant RS-1 or equal, by inserting a nozzle into the crack and filing it from the bottom up, in such manner that does not result in sealant bridging or entrapped air pockets. With larger cracks settlement and temperature shrinkage may occur, thus requiring a second application to bring the material up to the surface. Immediately after sealant installation, the material shall be squeegeed with a “U” shaped squeegee, striking off excess material and providing a band-aid effect with the sealant. Any excess sealant material shall be removed from asphalt surfaces and sealed cracks should be covered with sand.

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

Bid Item No. 15 – Traffic St riping, Markings, Curb Pain ting and House Address - Slurry Seal
Traffic Signing, Striping, Markings, and curb painting as shown on Contract Drawings shall conform to the Caltrans Standard Specifications of th e State of California (2022 edition), Department of Transportation, Sections No. 82 and 84 also as modified below.

All traffic striping and markings placed shall be of thermoplastic material.

Traffic stripes, pavement markings of a rrows, symbols, numbers, hatching lines, and words shall conform to the California Department of Transportation Standard Specifications: Section 84-2 Thermoplastic Traffic Stripes and Pavement Markings, latest edition.

For existing striping or markings shown to be replaced outside of new pavement area and on existing concrete surface, Contractor shall remove by wet sandblasting only all existing striping/legends/markings. Raised dots and markings shall be removed by grinding.

Prior to any project grinding and removal work, Contractor sha ll video all existing markings, painting, and pavement devices for use in carrying out this Bid Item.

Raised pavement markers other than blue hydrant markers shall conform to the California Department of Transportation St andard Specifications Section 84, current edition, and shall be of type as called for on the plans.
155
The Contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the City of Lynwood.

Painted and raised pavement marker removal shall conform to Section 84 of the Caltrans Standard Specifications, current edition. All residue remaini ng as a part of the removal operations shall be removed from the site.

Layout shall be approved, in writi ng, by the Engineer prior to placing Thermoplastic, curb painting, and markings.

Markings, as used in these Specifications, include both lines and miscellaneous markings applied to the pavement surface, painting of red curb and the installation of raised pavement markers. Materials and installa tion for painted and raised pavement markers shall conform to Section 84 of Caltrans Standard Specifications, current edition.

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

Place Raised Blue Reflective for Fire Hydrant (NOT A BID ITEM) T
wo-Way Blue Reflective Fire Hydrant Raised Pavement Markers installation as shown on Contract Drawings are a part of this item and shall conform to the Standard Specification Sections 314-3 and 314-4 to 314 -5 and shall be in accordance with the Caltrans Traffic Manual Section 84 “Markings” for each fire hydrant.

For house addresses, the contractor shall repaint existing residential house addresses deleted due to reconstruction of curb and gutters in project streets. The color of paint shall be white field with numbers in black on t he new curb in front of each residence.

Numbers shall be four (4”) inches in height, two and one-half (2 ½”) inches in width with a stroke width of approximately three-fourths (3/4”) inch.

The house number shall be centered on a six-inch (6”) by sixteen-inch (16”) rectangular background for house numbers. T here should be a border of two inches (2”) all around and city and city logo.

House numbers shall be conventional block design with a vertical axis (not slanted). “Threes (3)” shall be rounded, not flat, on top. “Four (4)” shall be closed at the top. “Nines (9)” shall be inverted sixes (6”). “Ones (1)” shall be vertical line with a line to exceed one- half (1/2”) inch.

Payment for Traffic Striping, Markings, Curb Painting and House Address shall be at the contract unit price per Lump Sum (LS) and shall be considered full compensation for furnishing all labor, materials (including adhesives, glass beads, and paint), tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to 156
the installation of pavement striping, raised reflective pavement markers, painting curbs, blue markers, including removal and installati on of traffic signs and posts as indicated, complete in place for the width specified, and pavement markings of arrows, symbols, numbers and words , as shown on the plans and as required by the Project Specifications and no additional compensation will be allowed.
157

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT
_________________________________
PART 4 - APPENDICES

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PR OJECT
FY 2025
PROJECT NO. 2121|2357|2352|9053|9056.68.141

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

4.2 Appendix B – List of Tr affic Striping and Marking Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities

4.3 Appendix C – Standard Plans

4.4 Appendix D – Contract Change Order (CCO) Form

4.5 Appendix E – Substi tution Request Form

4.6 Appendix F – Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815

4.7 Appendix G – Project Sign

4.8 Appendix H – Trash Collection Schedule

4.9 Appendix I – Engineering and/or Architectural Plans (Contract Drawings) 158

APPENDIX A
Department of Industrial Relations (DIR)
Contractor Registration Number Form
159
Department of Industrial Relations (DIR)
Contractor Registration Number
Beginning July 1, 2014, contractors must register with the Depar tment of Industrial Relations (DIR) before bidding on pub
lic works contracts in California. For more
information, please refer to this section of the Department of Industrial Relations Website:
http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Per this re
quirement, provide the following information:
______________________________________________________________________ Contractor Name
Contractor Department of Industrial Relations Registration Number:
______________________________________________________________________ Expiration Date of Registration Number
*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID) *
160
APPENDIX “B”
List of Traffic Striping and Marking
and
Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities 161
Segment Name From To
White Laneline
with Markers
Double
Yellow with
Markers
Skip White with
Markers
Median Double
Yellow with
Markers
Yellow Center
Line with
Markers
Yellow
Crosswalk
White
Crosswalk Stop Bar
F.H Blue
Markers Legend
White
Channelizing
Line with
Markers Arrow
1 Abbott Rd MLK Jr. Blvd San Juan Ave 314 804 1314 190B 3 2

SLOW SCHOOL
XING (4Y)
STOP (3W)
2 Abbott Rd San Juan Ave San Miguel Ave 360 312 346 67B 5 1 STOP (2W) 3 Abbott Rd San Miguel Ave Otis St 567 741 1025 396D 2 2

SLOW SCHOOL
XING (4Y)
STOP (7W)
4 Abbott Rd Otis St Alexander Ave 600 706 796 130B 5 PED XING (2W) STOP (8W)
5 Abbott Rd Alexander Ave Hunt Ave 400 396 485 6 PED XING (2W) STOP (8W)
6 Abbott Rd Standard Ave Sampson Ave 800 912 1064 70B 8 STOP (10W) 7 Abbott Rd Sampson Ave Pine Ave 580 631 944 5 STOP (6W) 8 Abbott Rd Pine Ave Atlantic Ave 650 1031 1535 72B 83B 5 5

SLOW SCHOOL
XING (4Y)
STOP (5W)
100
9 Abbott Rd Atlantic Ave City Limit 110 136 168 82B 80 2 10 Atlantic Ave Josephine St Agnes Ave 260 198 540 30 1 2 STOP (1W) 120 5 11 Atlantic Ave Agnes Ave Lavinia Ave 200 195 473 71B 1 2 145 5 12 Atlantic Ave Lavinia Ave Carlin Ave 200 85 1510 265 2 6 STOP (2W) 459 9 13 Atlantic Ave Carlin Ave Arlington Ave 1100 234 1825 76 200C 5 220 8 14 Atlantic Ave Arlington Ave City Limit 200 105 354 58 73B 1 2 70 2 162
Segment Name From To
2" Grind
and Overlay Skin Patch Coldmill 2" ac
1 Abbott Rd MLK Jr. Blvd San Juan Ave
2 Abbott Rd San Juan Ave San Miguel Ave
3 Abbott Rd San Miguel Ave Otis St
4 Abbott Rd Otis St Alexander Ave
5 Abbott Rd Alexander Ave Hunt Ave
6 Abbott Rd Standard Ave Sampson Ave
7 Abbott Rd Sampson Ave Pine Ave
8 Abbott Rd Pine Ave Atlantic Ave
9 Abbott Rd Atlantic Ave City Limit 400 30584 400
10 Atlantic Ave Josephine St Agnes Ave 500 500
11 Atlantic Ave Agnes Ave Lavinia Ave 400 400
12 Atlantic Ave Lavinia Ave Carlin Ave 540 540
13 Atlantic Ave Carlin Ave Arlington Ave 900 900
14 Atlantic Ave Arlington Ave City Limit 900 25960 900
3640 56544 3640
SF SF SFTotal
163

APPENDIX C

STANDARD PLANS
164

LIST OF STANDARD PLANS
Plan
No. Description
Standard Plans for Public Works Construction:

SPPWC 12
2-3 Cross and Longitudinal Gutters
SPPWC 133-4 Asphalt Concrete Pavement Joint Details

CALTRANS
A20A, A20B & A20D Pavement Markers and Traffic Lines
A24A, A24B, A24C, A24D Pavement Ma rkings Arrows, Symbols, Numerals, A24E, A24F & A24G Words, Limit Lines, Crosswalks
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179

APPENDIX D

CONTRACT CHANGE ORDER (CCO) FORM
180

CONTRACT CHANGE ORDER (CCO) FORM

CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS

Date: ______________ CCO No. _______ PROJECT No.2121|2357|2352|9053|9056.68.141

Project Title: THORSON AVENUE ALLEY DRAINAGE PROJECT and ANNUAL SLURRY SEAL PROJECT FY 2025.

Plan Reference: _________________________Item Reference: _______________________________

Contractor:
_________________________________________________________________________________

Show as separate numbered paragraphs: (1) Reason for Change; (2) Description of Change; (3) Location of change (Stations, etc.); (4) Change in Contract Cost; (5) Extension of Contract, if warranted; (6) New Contract Total Including All Change Orders.

181

APPENDIX E

SUBSTITUTION REQUEST FORM

182

APPENDIX E

SUBSTITUTION REQUEST FORM

TO:
_____________________________________________________________________________________________

PROJECT: THORSON AVENUE ALLEY DRAINAGE PROJECT and ANNUAL SLURRY SEAL PROJECT FY 2025

PROJECT NO: 2121|2357|2352|9053|9056.68.141

OWNER: CITY OF LYNWOOD

SPECIFIED ITEM:
__________________ ____ _________ _____________________________________________________ Section Page Paragraph Description

The undersigned requests consideration of the following:

PROPOSED SUBSTITUTION: ______________________________________________________________

Attached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the request. Applicable portions of the data are clearly identified.

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

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

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

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

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

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

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

Submitted by Contractor: Reviewed by Engineer:

SIGNATURE: ____________________________________ □ ACCEPTED

FIRM: __________________________________________ □ ACCEPTED AS NOTED

_______________________________________________ □ NOT ACCEPTED

DATE: _________________________________________ □ RECEIVED TOO LATE

TELEPHONE: ______________________________ BY: ___________________________________________

TITLE: ________________________________________

DATE: ________________________________________

183

ATTACHMENTS: ___________________________ REMARKS: ___________________________________

APPENDIX F

Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815

184

APPENDIX F

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 thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.

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

(iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. 185

(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.

(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.

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

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

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

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

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

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

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

Labor Code Section 1777.5
Employment of apprentices on public works

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

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

(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible 186

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.

(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 187

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 Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.

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

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

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

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

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

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

(m)

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

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

188

(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.

(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 Department of Industrial Relations.

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

(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts 189

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

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

(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a 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 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body 190
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 p
erformed in excess of specified hour limitations; Compensation Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
191

APPENDIX G

Project Sign

192
193

APPENDIX H
Trash Collection Schedule
194
195
196

APPENDIX I

Engineering and/or Architectural Drawings (Contract Drawings)

Under Separate Cover

Project Title:

THORSON AVENUE ALLEY DRAINAGE PROJECT

ANNUAL SLURRY SEAL PROJECT
FY 2025

Project Number: CITY OF LYNWOOD PROJECT NO. 2121|2357|2352|9053|9056.68.141

197
198
199
200
GENERAL CONSTRUCTION NOTES:

ANNUAL SLURRY SEAL PROJECTFY 2025
ANNUAL SLURRY SEAL PROJECT FY 2025

INDEX OF DRAWINGS
TITLE SHEET AND GENERAL CONSTRUCTION NOTESC-1

DEPARTMENT OF PUBLIC WORKS
201

AREA MAP

LOS ANGELES COUNTY
ProjectLocation
ANNUAL SLURRY SEAL PROJECT FY 2025
AREA MAPC-2

NOT TO SCALE
202
CITY MAPANNUAL SLURRY SEAL PROJECT FY 2025
CITY MAPC-3
203
ANNUAL SLURRY SEAL PROJECT FY 2025
LIST OF STREETSC-4

LIST OF STREETS
204
ANNUAL SLURRY SEAL PROJECT FY 2025

TYPICAL SECTION
TYPICAL SECTIONC-5
205
ANNUAL SLURRY SEAL PROJECT FY 2025
PROJECT LOCATION MAPC-6MATCHLINE SEE C-7
LEGEND:
206
ANNUAL SLURRY SEAL PROJECT FY 2025
PROJECT LOCATION MAPC-7
MATCHLINE SEE C-6
LEGEND:
207
ANNUAL SLURRY SEAL PROJECT FY 2025
PROJECT LOCATION MAPC-8LEGEND:
208

AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Ahmad Ansari, Public Works Oversight
SUBJECT:

AWARD A CONTRACT TO OPERATIONAL TECHNICAL SERVICES, LLC (OTS) TO PROVIDE 3-YEAR CONTRACT FOR UTILITY SUPPORT AND

MANAGEMENT SERVICES FOR THE WATER AND SEWER

OPERATIONS AND CAPITAL IMPROVEMENT PROJECTS FOR THE
CITY’S PUBLIC WORKS DEPARTMENT
.

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 OPERATIONAL TECHNICAL SERVICES, LLC TO PROVIDE UTILITY

SUPPORT AND MANAGEMENT SERVICES FOR WATER AND SEWER OPERATIONS AND CAPITAL IMPROVEMENT PROJECTS FOR THE CITY’S PUBLIC WORKS

DEPARTMENT, AUTHORIZING THE CITY MANGER TO APPROVE AGREEMENT

AMENDMENTS RELATED TO THE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.

Background:

The City provides water service to approximately 69,900 residents, through about 9,620 water services utilizing ninety-five miles of water distribution pipelines and one (1) reservoir and booster station. The City’s water supply consists of local groundwater and imported water. The City pumps groundwater from the Central Groundwater Basin, in conjunction with the Water Replenishment District of Southern California (WRD) through five (5) active wells that are owned and operated by the City. Imported water is sourced from Metropolitan Water District (MWD) via Central Basin Municipal Water District (CBMWD).

City Council City Council Regular Meeting 209

The City of Lynwood’s Public Works Department has a Water & Sewer Section that operates and oversees the City’s water and sewer collection systems including maintaining water supply, ensuring water quality, maintaining, and upgrading the water system, sewer collection system infrastructure and providing emergency response. In order to continue to provide utility services to Lynwood residents, the City requires the assistance of a consultant firm to provide Utility Support and Management Services.

In April 2024, the Public Works Department issued a Request for Qualification (RFQ) for consultants to provide quality trained personnel with proper certification that will provide support services to the City and provide the work effort needed with respect to the Water and Sewer Section. The RFQ included providing an implementation plan for managing projects, providing an approach to control project budget and project timeline, discussion on the consultant’s quality control and quality assurance process, providing the Consultant firm’s past project experience and providing qualified personnel.

Discussion and Analysis:

On May 22, 2024, Staff received and reviewed four (4) RFQs submitted from the following firms:

Aqua Link Solutions, Inc.

Operational Technical Services, LLC
Project Partners
Water Workforce, Inc.

In June 2024, Staff interviewed the top three (3) firms with respect to their RFQ’s, each firm’s project team, and their overall project management philosophy for the City. After much discussion, Staff recommends that City Council approve a contract with Operational Technical Services, LLC (OTS).

OTS is a water utility systems management company that assist an agency or City with staffing needs as well as engineering and construction services, construction and project management, education and hands-on training for water, wastewater, and storm water utilities. OTS has extensive experience in the water industry and their diversified services provides a multifaceted approach to operating a water and sewer system as well as a comprehensive approach that is current with all the modern technologies and aims at providing constant improvement and efficiency.

City Council City Council Regular Meeting 210
Staff waited on awarding the contract until after the transition of the Public Works Director to the Interim City Manager was completed, which included extending the existing contract with Waterworks Technology, Inc for an additional six (6) months. In addition, staff requested OTS to revise their proposal to include three (3) job position instead of the four (4) job positions in the original RFQ.

Budget:

Below is a table of the following breakdown of the estimated cost for this contract with the selected firm:

Year
Start
End
Utility Manager
Water Operations Supervisor
Water/Sewer Administrative
Assistant
Hours/Year
Cost/Hr
Total Cost
Hours/Year
Cost/Hr
Total Cost
Hours/Year
Cost/Hr
1 Dec-
24 Nov-
25 1040
$
166.00
$
172,640.00
2080
$
142.00
$
295,360.00
2080
$

90.00 2
Dec-
25 Nov-
26 1040
$
170.00
$
176,800.00
2080
$
146.00
$
303,600.00
1040
$

93.00 3
Dec-
26 Nov-
27 2080
$
175.00
$
364,000.00
2080
$
151.00
$
314,080.00
2080
$

95.79 Total

$
713,440.00

$
913,120.00

Fiscal Impact:

The FY 24-25 adopted budget included $481,713.00 from the Water Enterprise and Sewer funds under water operations support services. The current contractor, Waterworks Technology's contract for the fiscal year is $451,100, they will be providing the services for half the year (July-December) for a cost of $225,550. The remainder of the adopted budget in the amount of $256,163. will be reallocated to the new contractor. An additional $75,000 will need be to be allocated from the Water Enterprise and Sewer Funds for FY 24-25 adopted budgets.

Coordinated With:

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

City Council City Council Regular Meeting 211
OTS Proposal.pdf
11-19-2024 Water Dept Staffing (Resolution) V2.docx
Description
City Council City Council Regular Meeting 212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
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232
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235
236
237
238
239
240
241
242
243
244
245
246
247
248
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AWARDING A CONRACT TO OPERATIONAL TECHNICAL SERVICES,

LLC TO PROVIDE UTILITY SUPPORT AND MANAGEMENT SERVICES

FOR WATER AND SEWER OPERATIONS AND CAPITAL IMPROVEMENT
PROJECTS FOR THE CITY’S PUBLIC WORKS DEPARTMENT,

AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT

AMENDMENTS RELATED TO THE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.

WHEREAS, the City provides water service to approximately 69,900 residents, through about 9,620 water services utilizing ninety-five miles of water distribution pipelines and one (1) reservoir and booster station; and WHEREAS, the City’s Public Works Department has a Water & Sewer Department that operates and oversees the City’s water and sewer collection systems including maintaining water supply, ensuring water quality, maintaining, and upgrading the water system, sewer collection system infrastructure and providing emergency response; and WHEREAS, the City utilizes outside consultants to provide water and sewer operations support and management services for the City’s Water & Sewer Department; and
WHEREAS, the City prepared a Request for Qualifications (RFQ) for a consulting firm to provide Utility Support services for the next three (3) fiscal years to the City; and WHEREAS, Staff interviewed three (3) firms with respect to their RFQ’s, each firm’s project team, and their overall project management philosophy for the City. Staff recommends that City Council approve a contract with Operational Technical Services, LLC (OTS) for water and sewer operations and capital improvement projects for the City’s Public Works Department; and
WHEREAS, the Professional Services Agreement with Operational Technical Services, LLC will be for 3 years with an additional two (2) “one-year” possible extensions.

WHEREAS, funds for this work is budgeted in each fiscal year’s Water and Sewer Funds Budget; and
WHEREAS, 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 incorporated them herein by this reference. 249
Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the professional services agreement between the City of Lynwood and Operational Technical Services, LLC in a form approved by the City Attorney.

Section 3. Authorize the Mayor to execute this Resolution for and on behalf of the City of Lynwood.

Section 4. 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.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 19th day of November 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
250

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quiňonez, 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 19th day of November 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________ Date: ______________________ Maria Quiňonez,
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. on file in my office and that said Resolution was adopted on the date and by the vote therein stated dated this 19th day of November 2024.
_______________________ Date: ______________________
Maria Quiňonez,
City Clerk
251

AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Julian Lee, Interim City Manager
SUBJECT:

ATLANTIC CORRIDOR COMPLETE STREET PLANNING
Agenda Item # 9.1.

Recommendation:

Staff will provide status update to the project.

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

N/A
Coordinated With:

N/A
City Council City Council Regular Meeting 252

AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Julian Lee, Interim City Manager
SUBJECT:

CITY HALL PARK SQUARE/BULLIS ROAD RENOVATION PROJECT
Agenda Item # 9.2.

Recommendation:

Staff will provide status update to the project.

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

N/A
Coordinated With:

N/A
City Council City Council Regular Meeting 253

AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Mark Flores, Director of Recreation and Community Services SUBJECT:

FACILITY USE REQUEST BY THE CONSULATE GENERAL OF MEXICO IN LOS ANGELES FOR THE “CONSULATE ON WHEELS” PROGRAM
Agenda Item # 9.3.

Recommendation:

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

RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO

NEGOTIATE AND ENTER INTO A LICENSE AGREEMENT WITH THE CONSULATE GENERAL OF MEXICO IN LOS ANGELES FOR USE OF BATEMAN HALL’S ROOM #2 LOCATED AT 11331 ERNESTINE AVENUE.”
Background:

The Consulate General of Mexico in Los Angeles (the "Consulate") has requested use of a City facility to present its
Consulados Sobre Ruedas
(“Consulate on Wheels” mobile
consulate) program to the community. The Consulate is requesting use of Bateman Hall - Room #2 for three, separate one-month periods to take place over a one-year term.

Discussion and Analysis:

The Consulate General of Mexico in Los Angeles (“Consulate”) is the largest Mexican consular representation outside of Mexico and its staff serves and provides its public services free of charge. The Consulate’s mission is to “…
protect and defend the dignity and rights and
interests of Mexicans, as well as to assist and advise Mexicans who suffer mistreatment in their labor relations, benefits or violations of their human rights .”

Among the various functions of the Consulate are the issuance of travel or identification documents such as passports, military ID cards or consular registration. They also perform civil registry functions such as marriage and birth registrations, issue powers of attorney and City Council City Council Regular Meeting 254
wills effective in Mexico and the control and issuance of visas. Furthermore, the Consulate promotes investment in Mexico and the export of Mexican products. In the community, the Consulate fosters ties among Mexicans by participating in community development programs, promoting Mexican art and culture and dissemination of information abroad that contributes to the positive image of Mexico. Recently, the Consulate performed the “ El Grito de
Independencia
” ceremony at Lynwood’s
Fiestas Patrias
Celebration held on September 13,
2024.

Consulados Sobre Ruedas (“Consulate on Wheels” mobile consulate) Program

Los Angeles County has, by far, the largest Hispanic and Latino population of any county in the United States, more than twice that of the second-ranked County (Harris County, Texas).

According to the 2022 Census, Los Angeles County has an estimated 4.8M residents of Hispanic/Latino population origin. Of that total, 74% are ethnically Mexican (approx. 3.6M).

The availability of and access to Consulate services are important in the Los Angeles County area.

With that in mind, the Consulate created its
Consulados Sobre Ruedas
(“Consulate on
Wheels” mobile consulate) Program. The program brings its Consulate services into various Los Angeles County communities - taking into account the difficulties that many LA County residents face in traveling to the consular headquarters located at 2401 W 6th St. in Los Angeles. Major services provided by the mobile office program include:

Processing of Mexican passports
Processing of consular registrations
Voter ID cards

Facility Use Request

Most recently, the Consulate has presented its mobile program in the communities of Wilmington, Pacoima and Walnut Park. They are now proposing to bring its mobile program into the City of Lynwood. Consulate representatives have formally requested fee-waiver based use of Bateman Hall’s Room #2 for three separate, one-month periods to take place within one-year as follows:

1 .

One-month periods, three times within one-year of the first month. 2 .

Facility use Tuesday through Saturday, inclusive.

City Council City Council Regular Meeting 255
3 .

Estimated public services hours of 8:00am to 3:00pm per day. 4 .

First one-month period is February 2025 with the second one-month period being April or May 2025. A decision on the third month is still in discussion and contingent upon staff being able to clear the facility calendar for a month in the summer/fall of 2025 (most likely August or November 2025).

City staff and Consulate representatives have negotiated basic terms of a facility use license agreement that would allow the Consulate to have exclusive use of Bateman Hall’s Room #2 to provide their community services for the periods indicated.

Highlights of the Proposed Agreement

Agreement Term
: January 1, 2025 through December 30, 2025.

Three separate one-month periods of service to be completed within a one-year period as the facility can be made available.

Public Services Hours:

Tues., Wed., Thurs., Friday & Saturday 8:00am to 3:00pm.

Council approval to waive rental fees based on the basis of significant public benefit.

The Consulate will be responsible for day-to-day cleaning of the assigned space during their use periods.

Consulate will provide insurance and agree to a
Waiver & Release of Liability Agreement
to Indemnify
and protect the City and release it from various liabilities.

Facility Use and Fee Waiver Policies

As outlined in the City of Lynwood’s adopted
Facilities Use Policy
, this specific request for use
and the requesting agency falls under the “
Group F – Government Agencies
” category of fees.

Under this category, the value of the facility use request (for one month of use - Tuesdays through Saturdays) has an estimated value as follows:

Est. Fees for One Month of Use (example: February 2025)

Tuesday through Friday
16 days X $57/hr. X 7hrs./day = $6,384
Saturdays
4 days X $626/day =
$2,504
Total One-Month Estimate Use Value (A+B)
=
≈$8,888/month
City Council City Council Regular Meeting 256
Total Value for three months of use (within the proposed one-year period) will range from $26,664 up to $33,275 (depending on the final service months selected).

Opportunity Cost - Potential Rental Revenues:
(Estimate based on use during February 2025)

One Week: Tues/Wed/Thrs. (approx. 30% demand for available rental hours) = $399/day X 30% = $119.70/day X 3-days/week = $359.10
One Week: Friday (approx. 85% demand) = $399/day X 85% demand = $339.15/day One Week: Saturday (approx. 85% demand) = $626/day X 85% demand = $532.10/day A+B+C = $1,230.35/week X 4weeks/month = $4,921.40/month X 3months = $14,764.20
estimated opportunity cost
for three months request.

Facility Use Fees and Fee Waivers are generally covered by two, formally adopted City Policies:

City of Lynwood Facilities Use Policy
City of Lynwood Donation/Fee Waiver Policy

In summary, the City’s “
Facilities Use Policy
” establishes six different levels of facility use fee
rates and rate discounts for various group categories (User Groups A-F). Waiver of fees are not permitted under the adopted policy that directs staff’s determination of fees to be charged.

Secondly, the “
Donation/Fee Waiver Policy
” allows for the City Council to consider waiving of
fees for uses that “…
provide a valid and substantial public purpose within the mission of the City
...” The
Fee Waiver Policy
explicitly directs that fee waivers are to be considered and approved by the City Council, pursuant to the terms of the Policy.

Section #3
of the City’s
Donation/Fee Waiver Policy
states:

“The City Council may approve a donation of funds, items of value or payment of costs resulting from fee waivers for applicants when such donation of fee waiver would serve a public purpose.”

Staff respectfully recommends that the City Council consider the presented staff report and, through the adoption of the accompanying resolution, (a) determine that the request to support City Council City Council Regular Meeting 257
Consulate on Wheels Bateman Hall 2025 License Agreement DRAFT 111924.docx RESOLUTION - Mexican_Consulate_on_Wheels_Program.docx
the
Consulados Sobre Ruedas
(“Consulate on Wheels”) Program serves an important public purpose; and (b) grant authorization to staff and the Office of the City Attorney to finalize and enter into a license agreement with the
Consulate General of Mexico in Los Angeles
(“Consulate”) for a fee waiver-based use of Bateman Hall’s R oom #2
Fiscal Impact:

The rental fees waived with this action have an estimated value range of $26,664 up to $33,275 for the requested use. Staff estimates the opportunity cost of potential rental revenues for the requested period at approximately $14,764.20 total for a three-month period (approx. $4,921.40/month).

This proposed use was not factored into the estimated Budget Revenues calculations for Fiscal Year 24-25 and, thus, will not have a budget impact ( as a loss of estimated fee revenues).

Coordinated With:

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

Description
City Council City Council Regular Meeting 258

LICENSE AGREEMENT

FOR DONATED SPACE

CONSULATE GENERAL OF MEXICO
IN LOS ANGELES (“CONSULATE”)
LICENSOR: CITY OF LYNWOOD
TEMPORARY “CONSULATE ON WHEELS” OFFICE
BATEMAN HALL – ROOM #2
11331 ERNESTINE AVE, LYNWOOD, CA 90262
259

LICENSE AGREEMENT FOR DONATED SPACE
This License ("License") is made and entered into this ____day of __________, 2024 by and between the CITY OF LYNWOOD, a municipal corporation ("Licensor") and the CONSULATE GENERAL OF MEXICO IN LOS ANGELES (“Consulate”), a body corporate and politic ("Consulate" or "Licensee") (also each individually referred to as a "Party" or collectively as "Parties").

AGREEMENT
In consideration of the agreements herein contained, Licensor hereby grants to Licensee, on a gratis basis, a non-exclusive license for the use of the Licensed Area described herein. Licensee shall use the licensed area subject to the terms, conditions and restrictions set forth herein.

1. LICENSED AREA:

The Licensed Area consisting of the approximately 2,100 sq. ft. space inside of Bateman Hall’s Room #2, located at 11331 Ernestine Avenue, Lynwood, CA 90262 ("Property") as shown on Exhibit A site map ("Licensed Area"), which is attached hereto and incorporated herein by this reference.

2. TERM/TERMINATION:

The term of this License shall commence upon approval and full execution of the Parties of this License and shall expire on December 31, 2025. The term of this License may be extended for one (1) additional six (6)-month extension period by the mutual written consent of the Parties. Either Party shall have the option of terminating this License at will upon giving the other party notice in writing. The Consulate will endeavor but shall not be required to give at least thirty (30) days advance notice of such termination. Notwithstanding the foregoing provision, this License may be immediately cancelled in the event of an emergency or unsafe condition.

3. USE/PURPOSE/NO FEE:

The Consulate shall be permitted to use the Licensed Area as a temporary “Consulate on Wheels” office during the month of February 2025 and two additional months from the choices of May, August or November 2025 - as the facility schedule allows and during the following public service hours: Tuesday- Saturday 8:00am to 3:00pm (closed Sunday & Monday), unless arranged and allowed in writing by Licensor. No fee shall be charged to Licensee for the rights granted hereby. Licensee acknowledges and agrees to use the Licensed Area in compliance with all applicable laws, statutes, ordinances, rules, and regulations.

Licensee agrees not to use the Licensed Area for any other purpose or use which is not provided for herein, and shall not interfere with any of Licensor's use and operation of the Property. Licensor shall maintain a right of entry and inspection 260
of the Licensed Area to ensure that Licensee's use is compliant with the terms of this License. Licensee may not transfer, assign, or sublicense any portion of the License Area without the prior written consent of Licensor, and any attempted transfer, assignment or sublicense without the prior written consent of the Licensor shall be void unless subsequently ratified by the Licensor in writing.

4. ALTERATIONS AND MAINTENANCE:

4.1 Licensee, at Licensee's sole cost and expense with Landlord's written approval as evidenced by the execution of this Agreement, shall complete the following Tenant Improvements ("Tenant Improvements") and any future alterations, which include but are not limited to:
 None identified.

4.2 Licensee shall obtain all necessary permits or approvals for the installation of such Tenant Improvements and shall abide by all applicable requirements including, but not limited to any regulations regarding procurement, labor and any applicable building codes.

4.3 Licensee agrees to maintain the Licensed Area in a clean and safe condition and will provide janitorial supplies and services to the Licensed Area.

4.4 Licensor shall be responsible for the repair and maintenance of the common areas and Property, and Licensee shall be responsible for the repair and maintenance of any Tenant Improvement and the Licensed Area. By taking possession of the License Area, Licensee accepts the condition of the Licensed Area "as-is". Licensee hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." By executing below, Licensee hereby waives the provisions of Section 1542 solely in connection with the matters which are the subject of the foregoing waivers and release.

4.5 Upon termination of this License, Licensee will remove or reverse any alterations made/installed, repair any damages and return the Licensed Area to its original appearance and condition.
261

5. HOLDOVER:

If Licensee remains in possession of the Licensed Area or any part thereof after the expiration of the term of this License, such occupancy shall be terminable at will by either Party.

6. UTILITIES:

Licensor shall be responsible for the payment of all charges for utilities supplied to the Licensed Area.

7. INSURANCE:

7.1 The Licensee agrees to provide evidence of General Liability Insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate. Licensee shall name Licensor as an additional insured (by a separate endorsement) on the above policy. In addition, Licensee agrees to provide an endorsement to this policy stating, "Such insurance as is afforded by this policy shall be primary, and any insurance carried by Licensor shall be excess and noncontributory." Licensor understands and acknowledges that Licensee covers its liability obligations exclusively by the program of self-insurance.

7.2 Licensee agrees to provide Licensor with proof of insurance no fewer than five (5) working days prior to commencement of duties described in this License. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice to Licensor. Licensee further agrees to notify Licensor immediately of any change in status affecting Licensee's licensing and/or ability to perform duties described herein.

7.3 The policies of insurance described above shall be carried with responsible and solvent insurance companies authorized to do business in the State of California. True and correct copies of all certificates of insurance reflecting the coverage described above and endorsements for Additional Insured naming the City of Lynwood, and Primary/Non-Contributory and Waiver of Subrogation endorsements in favor of Licensor, its, officials, employees, volunteers, and agents as applicable to each policy above shall be provided to the Licensor prior to the commencement of services under this License.

The Licensee agrees that it shall not cancel or change the coverage provided by the policies of insurance described above without first giving the Licensor, thirty (30) days prior written notice. Should any such policy of insurance be canceled or changed, the Licensee agrees to immediately provide the Licensor true and correct copies of all new or revised certificates of insurance and endorsements.

8. INDEMNIFICATION:
262
The provisions herein, are made in accordance with Government Code section 895.4, as follows:

8.1 Licensee shall indemnify, defend and hold harmless Licensor, its officers, elected officials, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney’s fees, or liabilities arising out of or in any way connected with this License, including, without limitation, claims, damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons, but, in a case of concurrent fault of both parties hereto, only to the extent that such claims, damages, expenses, liabilities or losses arise, directly or indirectly, from the negligence or willful acts or omissions of Licensee, its elected officials, officers, employees or agents.

8.2 Licensor shall indemnify, defend and hold harmless Licensee, its officers, elected officials, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney’s fees, or liabilities arising of or in any way connected with this License, including, without limitation, claims damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons, but, in a case of concurrent fault of both parties hereto, only to the extent that such claims, damages, expenses, liabilities or losses arise, directly or indirectly, from the negligence or willful acts or omissions of Licensor, its elected officials, its officers, employees or agents.

8.3 Where fault is determined to have been comparative, principles of comparative fault will be followed, and each Party shall bear the proportionate cost of any damage attributed to the fault of that Party, its elected officials, its officers, directors, agents, employees, volunteers, or subcontractors. The Parties acknowledge that by entering into this License no Party waives or intends to waive any immunities to which they would be entitled in the absence of the License. Each Party shall promptly notify the other arty of any claims or legal actions arising out of the performance of this License The obligations set forth above shall survive expiration or termination of this License.

9. NOTICES:

Notices desired or required to be given in connection with this License or by any law now or hereafter in effect shall be given by enclosing the same in a sealed envelope with postage prepaid, certified, or registered mail, return receipt requested, with the United States Postal Service.

Any such notice and the envelope containing the same shall be addressed to the Licensor as follows:
263
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Julian Lee, Interim City Manager
[email protected]
310-603-0220, ext. 200
The notices and envelopes containing the same shall be addressed to the Licensee as follows:

Consulado General de Mexico en Los Angeles
Oficina del Consul Adscrito
2401 W. 6th Street
Los Angeles, California 90057
Attention: Adrian Rodriguez Carrillo
Or such other place as may hereinafter be designated in writing by the Licensor or Licensee, except that Licensor shall at all times maintain a mailing address in California.

10. SOLICITATION OF CONSIDERATION:

10.1. It is improper for any officer, employee or agent of Licensee to solicit consideration, in any form, from a licensor with the implication, suggestion or statement that the licensor's provision of consideration may secure more favorable treatment for the licensor in the award of the license or that the licensor's failure to provide such consideration may negatively affect the Licensee's consideration of the licensor's submission. A licensor shall not offer to or give, either directly or through an intermediary, consideration, in any form, to an officer, employee or agent of Licensee for the purpose of securing favorable treatment with respect to the award of a license.

10.2. Licensor shall immediately report any attempt by an officer, employee, or agent of Licensee to solicit such improper consideration. The report shall be made to the Consulate manager charged with the supervision of the employee or to the Consulate Office at (213) 351-6810 ext. 2501. Failure to report such solicitation may result in the License being terminated.

11. CONFLICT OF INTEREST:

No employee of Licensee whose position in Consulate service enables him/her to influence obtaining or awarding any lease, license or permit, and no spouse or economic dependent of such employee, shall be employed in any capacity by the Licensor herein, or have any other direct or indirect financial interest resulting from this License.

12. WAIVER OF BREACH:
264
Waiver by either Party of any breach of any term, covenant or condition contained in this License shall not be deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition contained in the License. The Licensor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of the Licensor's consent to or approval of any subsequent act by any Licensee nor constitute a waiver of any individual term or covenant.

13. SEVERABILITY:

If any term, condition or covenant of this License is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this License shall remain valid and binding.

14. AUTHORITY:

Only the Licensee's “Oficina del Consul Adscrito” has the authority, by formally approving and/or executing this License, to bind Licensee to the terms included herein. Licensor understands that no material terms of this License may be altered or deleted, nor may any new material terms be added to this License, without the express written approval of the “Oficina del Consul Adscrito”, either through an amendment to the License or by other formal agency action. No Licensee officer, employee, agent or independent contractor has any authority to alter, add or delete the material terms of this License, and Licensor may not rely upon any representations to the contrary. This limitation of authority applies to all material terms of the License including, without limitation, any monetary ceiling established for Licensee Improvements or other project costs of Licensor which are subject to reimbursement by Licensee. Licensee shall not reimburse Licensor for any expenses which exceed this ceiling. Notwithstanding the foregoing, the Chief Executive Office of the Licensee (the "Chief Executive Office") may take any administrative act on behalf of Licensee hereunder which does not have the effect of increasing Base Rent or other financial obligations of Licensee under this License, including without limitation, granting any approvals, terminating this License in the manner provided herein by an early termination notice or otherwise, and signing estoppel certificates. Each individual executing this License on behalf of Licensor represents and warrants that he or she is duly authorized to execute and deliver this License on behalf of Licensor, and that this License is binding upon Licensor in accordance with its terms.

15. INTERPRETATION:

Unless the context of this License clearly requires otherwise: (i) the plural and singular numbers shall be deemed to include the other; (ii) the masculine, feminine and neuter genders shall be deemed to include the others; (iii) "or" is not exclusive; and (iv) "includes" and "including" are not limiting.
265

16. ENTIRE AGREEMENT:

This License contains the entire agreement between the Parties hereto, and no addition or modification of any terms or provisions shall be effective unless set forth in writing, signed by both Parties.

17. GOVERNING LAW AND FORUM:

This License shall be governed by and construed in accordance with the internal laws of the State of California. Any litigation with respect to this License shall be conducted in the courts of the County of Los Angeles, State of California. [Signature Page Follows]
266
IN WITNESS WHEREOF this License has been executed the day and year first set forth above.

LICENSOR:

CITY OF LYNWOOD,
a municipal corporation
By:

Julian Lee, Interim City Manager
ATTEST:

MARIA QUINONES
City Clerk
By: _____________________________
LICENSEE:

CONSULATE GENERAL OF MEXICO

IN LOS ANGELES,
a body corporate and politic

ADRIAN RODRIGUEZ CARRILLO
Oficina del Consul Adscrito
By:

APPROVED AS TO FORM:

NOEL TAPIA
City Attorney
By _____________________________
267

EXHIBIT A

LICENSED AREA
Temporary “Consulate on Wheels”
Bateman Hall (Room #2) at the Lynwood Civic Center
11331 Ernestine Avenue, Lynwood, CA 90262
 Address to location is on Ernestine Ave; entry to Consulate on Wheels is Tubman Way
 Red box indicates an approximation of space to be leased. 268
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING

STAFF TO ENTER INTO A LICENSE AGREEMENT WITH THE CONSULATE GENERAL OF MEXICO IN LOS ANGELES FOR USE OF BATEMAN HALL’S ROOM #2 AT 11331 ERNESTINE AVENUE.

WHEREAS, the City of Lynwood understands that providing consulate services to the community is a significant need for residents of Lynwood and the greater Los Angeles areas; and
WHEREAS, the City of Lynwood understands that access to major consulate services significantly contribute to the quality of life of Los Angeles County and Lynwood residents; and
WHEREAS, the Consulate General of Mexico in Los Angeles (“Consulate”) is the largest Mexican consular representation outside of Mexico and its staff serves and provides its services free of charge – including, but not limited to, the issuance of passports, military ID cards, consular registrations and the performance of civil registry functions such as marriage and birth registrations, and the control and issuance of visas. In the community, the Consulate participates in community programs, promotes Mexican art and culture and disseminates information that contributes to the positive image of Mexico; and

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

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

Section 2. The City Council approves the waiving of fees for the proposed use and authorizes staff to negotiate, finalize and enter into a license agreement – in a form approved by the City Attorney - with the Consulate General of Mexico in Los Angeles to grant use of Bateman Hall’s Room #2 to operate the Consulados Sobre Ruedas (“Consulate on Wheels”) Program as described and outlined in the license agreement documents.

Section 3. The Lynwood City Manager or his designee is authorized to execute any agreement documents related to the use and project subject to City Attorney approval as to form.

Section 4. The Mayor is authorized to execute this Resolution for and on behalf of the City of Lynwood.

Section 5. This Resolution shall take effect immediately upon its adoption.
269
PASSED, APPROVED AND ADOPTED THIS 19th day of November, 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 Mark Flores, Director
Recreation & Community Services
270

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
271
272

AGENDA STAFF REPORT

DATE:

November 19, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Julian Lee, Interim City Manager
PREPARED BY:

Ahmad Ansari, Public Works
Oversight
SUBJECT:

REHABILIATION OF THE CITY’S THREE (3) WATER TOWERS – CITY LOGO DESIGN AND COLOR SCHEME DESIGN UPDATE. (CIP
PROJECT NO. 1011|6302.68.150).

Agenda Item # 9.4.

Recommendation:

Staff recommends
that
the City Council review and approve
one of the
six

options
presented
with respect
to re-
painting
the
existing
water towers and add
ing
a new City of Lynwood mural
at the top of each tower.

Background:

The City has three (3) existing water towers that been converted to Cellular Communication Towers located at 4275 Walnut Ave, 11108 Alameda St, and 11240 California Ave.

The City
has had a Communication Site Ground Lease (Lease) with Crown Castle MU, LLC (Crown) since 2002. The Lease allows Crown to work with cellular companies to construct, maintain and operate communication facilities at each site.

Discussion and Analysis:

In January 2024, staff met with Hunt Design, Inc on the water tank concept design with respect to the water towers’ colors and a City of Lynwood logo/message as shown on the attached.

Hunt Design provided six (6) options of each site for review and discussion with the City Council. T
he final color and mural design will be approved by the City Council prior to City Council City Council Regular Meeting 273
2024_1107_Lynwood Water Tanks Design Revision 6 alternatives.pdf Resolution - Water_Tower_Repainting.docx
completing the design and advertised for bids for the project.

Fiscal Impact:

The total amount of funding available is $600,000. No additional appropriation is needed.

Coordinated With:

City Manager’s Office
ATTACHMENTS:

Description
City Council City Council Regular Meeting 274
SHEET TITLE SHEET #PROJECT CLIENT DATE

HUNT DESIGN
88 N. Fair Oaks Ave #105
Pasadena, CA 91103
626.793.7847
Hunt
1 2
3 4

DESIGN SUMMARY
Design Summary 19.03149 - City of Lynwood City of Lynwood Nov. 7, 2024 Option 1
Sans Serif Bold Font Quote
Option 2
Sans Serif Bold Font Seal
Option 3
Sans Serif Bold Font Quote
Option 4
Serif Font Seal
Option 5
Serif Font Quote
Option 6
Serif Font Seal
Blue Tank with Blue Base/Stands Blue Tank with White Base/Stands Blue Tank with Grey Base/Stands Blue Tank with Blue Base/Stands Blue Tank with White Base/Stands Blue Tank with Grey Base/Stands 275
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING THE SELECTION OF THE UPDATED CITY LOGO DESIGN AND COLOR SCHEME FOR THE CITY’S THREE WATER TOWERS (CIP PROJECT NO. 1011|6302.68.150)
WHEREAS, In January 2024, Hunt Design provided the City with concept designs for the Water Towers at 4275 Walnut Ave, 11108 Alameda St, and 11240 California Ave; and
WHEREAS, Hunt Design provided six (6) options of each site for review and discussion with the City Council; and
WHEREAS, the final color and mural design will be approved by the City Council prior to completing the design and advertised for bids for the project; and WHEREAS, no additional appropriation is needed at this time.

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

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

Section 2. That the City Council selects one of the six design alternatives to move forward with for the Water Tower Repainting Project (CIP No. 1011|6302.68.150) Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 4. 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 adoption.
(Signatures on Next Page)
276
2 PASSED, APPROVED and ADOPTED this 19th day of November 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
277
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 19th day of November 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 of Resolution No.XXX.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 19th day of November 2024.

Maria Quinonez, City Clerk
278

AGENDA STAFF REPORT

DATE:

November 19, 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:

PRIMESTOR LYNWOOD TRIANGLE, LLC (AKA- PRIMESTOR)

DISPOSITION AND DEVELOPMENT AGREEMENT
Agenda Item # 9.5.

Recommendation:

Staff recommends that the City Council review and adopt the attached resolution entitled: "

A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA

APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF LYNWOOD AND PRIMESTOR LYNWOOD TRIANGLE, LLC FOR THE SALE OF

SURPLUS REAL PROPERTY LOCATED AT NORTHWEST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE (APN NOS. 6169-002-912 AND 6169-001-900) Background:

The City of Lynwood City Council entered into an exclusive negotiation agreement (ENA) with Primestor on February 18, 2020 for the potential development of the city owner parcels located at southwest corner of Fernwood Avenue and Imperial Highway (hereinafter referred to as "the Alameda Triangle). The Alameda Triangle is composed of three (3) parcels of land totaling 4.44 acres. Two properties were acquired by the Lynwood Redevelopment Agency and transferred to the City on March 16, 2011. The third property was acquired by the city from
California Department of Transportation (
Caltrans) on April 5, 2016. The single (1)
reconfigured southern most parcels will be developed with commercial buildings and public amenities as detailed within the confines of this disposition development agreement (DDA).

Primestor was selected because of their proven track record when it comes to Public Private joint developments. Some examples would be the South Gate Development project named "Azalea", and the Norwalk Development "The Walk", both projects are successful vibrant urban infill projects that show the potential public private partnerships.

Discussion and Analysis:

City Council City Council Regular Meeting 279
The Alameda Triangle site has been a project in the making since 2011. City staff at the direction of past and present Councils have worked to find funds to remediate the contaminants of the site in order to make it viable for development. Currently the Alameda triangle site is under remediation thanks to
Department of Toxic Substances Control (
DTSC)
Grants and is projected to be clean of contamination by early 2025. This will set the stage for the City to execute the much anticipated Public Private development with Primestor.

Primestor has been a patient partner and developer, working closely with the city staff to craft a project that will enhance and benefit the community. Primestor is proposing a commercial development that will feature retail and restaurants, both drive-thru and sit-down restaurants that will service the west side of Lynwood. The goal of the project is not only to adhere to the Lynwood Transit Area Specific Plan guidelines but to also to meet the evolving needs of the Lynwood's residents.

The Project will consist of 4 buildings, 3 pads dedicated to restaurant uses and 1 pad dedicated to shops. The total building area will be approximately 13,797 square feet and will provide 131 onsite parking stalls. The exhibits in the DDA will contain a site plan exhibit with the proposed building site layout.

The Project will provide community Amenities and Open Space including thoughtfully designed public plazas, outdoor seating areas, and landscaped pathways that promote social interaction and create vibrant community spaces. these amenities provide significant value to visitors and neighboring residents.

Transportation and connectivity is incorporated in to the project to promote features such as bike racks, pedestrian friendly pathways, and improved access to public transportation. these elements foster a tranist-orineted lifestyle and align with the city's emphasis on reducing car dependency and promoting alternative modes of transportation.

City Staff also considered the economic and social impact of the project. This is why the Disposition Development Agreement includes a Profit Participation section that will have City participation in excess developer returns equal to twenty-five percent (25%) of the preferred return balance. This will provide the city with an additional revenue source dependent on the financial success of the development. City Staff worked with a Kosmont financial advisors to vet the economics of the profit participation projections. The financial projections are included in the DDA exhibits and show positive return of approximately $595,000.00 in year 4 of the project. This DDA will be applicable and in place for 20 years. There is also an additional one time revenue gain due to the initial land sale in the amount of $2,020,000.

Fiscal Impact:

Positive Revenue from Land Sale for commercial phase is $2,020,000.00. Annual projected city profit participation of 25% is estimated at $595,000.00 and will start in year 4 of project, 2028.

City Council City Council Regular Meeting 280
Resolution - Primstor_Lynwood_Triangle_Commercial_DDA.docx DDA - Primestor - Lynwood - Commercial DDA PPA (11.14.2024)(FINAL w Exhibits).pdf Environmental:

Approval of the DDA is exempt from the California Environmental Quality Act (“CEQA”) because the Property is surplus property and is not located in an area of statewide concern, regional, or areawide concern. As such the Property meets the definition of the Class 12 Categorical Exemption, which exempts the sale of surplus government property sales from CEQA pursuant to CEQA Guidelines Section 15312 and none of the exceptions to the exemption under CEQA Guidelines Section 15300.2 would disqualify the disposition of surplus land from being categorically exempt.

Approval of the DDA does not limit the City’s discretion, acting as lead agency, with respect to the any future project entitlements required for the development of the project specifically, and nothing contained herein will be construed to mean that City is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Project. Moreover, this Agreement shall not limit the scope or affect the discretion of the City to review CEQA documents and impose mitigation measures, alter a project, or deny a project in consideration of adverse environmental impacts.

Coordinated With:

City Attorney
’s Office
City Manager’s Office
ATTACHMENTS:

Description
City Council City Council Regular Meeting 281
RESOLUTION NO. 24-__

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

CALIFORNIA APPROVING DISPOSITION AND DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF LYNWOOD AND

PRIMESTOR LYNWOOD TRIANGLE, LLC FOR THE SALE OF SURPLUS

REAL PROPERTY LOCATED AT NORTHWEST CORNER OF IMPERIAL
HIGHWAY AND FERNWOOD AVENUE (APN NOs. 6169-002-912 AND
6169-001-900)
WHEREAS, the City of Lynwood (“City”) is the owner of that certain real property located at the northwest corner of Imperial Highway and Fernwood Avenue, Lynwood, California having Assessor’s Parcel Numbers (“APN”) 6169-002-912 (previously designated APN No. 6169-002-905) and 6169-001-900 (collectively the “Property”); and WHEREAS, the Lynwood Redevelopment Agency acquired the Property on November 29,1990 and the Agency later transferred the Property to the City on March 16, 2011 and remains currently vacant, unimproved land and zoned Manufacturing; and WHEREAS, the Property is contaminated with certain Hazardous Substances and is being remediated by the City pursuant to an Equitable Community Revitalization Grant awarded by and under the supervision of the California Department of Toxic Substances Control; and
WHEREAS, on January 4, 2022 the Lynwood City Council adopted Resolution No. 2022.002 declaring the Property “surplus land” pursuant to the California Surplus Land Act codified under Government Code Section 54220 et seq. (“SLA”); and WHEREAS, on April 14, 2022 the City issued notified interested parties the City’s intention to sell/lease the Property as required under Government Code Section 54220 as required under the SLA (“NOA”); and
WHEREAS, the City did not receive any letters of interest within the 60 day period following the issuance of the NOA and the City is now authorized to dispose of the Property without further regard to the SLA; and
WHEREAS, subsequently, the City entered into negotiations with Primestor Lynwood Triangle, LLC for the sale and development of the Property pursuant to a disposition and development agreement (“DDA”); and
WHEREAS, the City has complied with the California Environmental Quality Act (“CEQA”) by finding that the disposition of the Property is exempt from CEQA pursuant to Class 12 – Surplus Government Property Sales under CEQA Guidelines Section 15312.
282
Resolution No. 24-__ Page 2 of 3

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:

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

Section 2. The City Council hereby finds that the Property was declared surplus by the City and the Property is not located in an area of statewide concern, regional, or areawide concern and as such the Property meets the definition of the Class 12 Categorical Exemption, which exempts the sale of surplus government property sales from CEQA pursuant to CEQA Guidelines Section 15312 and none of the exceptions to the exemption under CEQA Guidelines Section 15300.2 would disqualify the disposition of surplus land from being categorically exempt as provided herein.

Section 3. The City Council further finds that the approval of the DDA is consistent with the policies, goals, and purpose of the City’s General Plan and the applicable Lynwood Transit Area Specific Plan, which provides to do the following: (a) foster the building of new image of Lynwood and create the potential for a high quality of life for City Residents, (b) provide for a balanced and functional mix of land uses, which takes advantage of the unique position of Lynwood in relation to the region, (c) encourage the development of new commercial . . . uses in locations where they can most efficiently provide residents with needed products, services, and employment opportunities, (d) promote land uses that both capitalize on the opportunities and mitigate the negative impacts of the City’s adjacency to major transportation systems, (e) provides for supporting commercial retail and service uses to serve the local West Town Center Neighborhood, (f) and are consistent with the West Town Center Neighborhood design strategies set forth in the Lynwood Transit Area Specific Plan.

Section 4. The City Council also approves the DDA in substantially the form as attached to the staff report accompanying this Resolution. The City Council authorizes the City Manager to the execute the DDA and any ancillary documents, including but not limited to, escrow instructions, deeds, covenants, seller affidavits, and such other customary documents consistent with and reasonably necessary to effectuate the intent of this Resolution and record or cause to be recorded such documentation, as approved by the City Attorney. The City Manager is further authorized to amend and finalize DDA exhibits consistent with this Resolution, as approved by the City Attorney.

Section 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaini ng portions of this Resolution. The City Council declares that it would have adopted this Resolution, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, 283
Resolution No. 24-__ Page 3 of 3
be declared invalid or unconstitutional. To this end, the provisions of this Resolution are declared to be severable.

Section 6. This Resolution shall become effective immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution.

APPROVED AND ADOPTED on this 19th day of November 2024.

____________________________
José L. Solache,
Mayor
ATTEST:
_______________________________
Maria Quinonez,
City Clerk
APPROVED AS TO FORM:
__________________________________
Noel Tapia,
City Attorney
284

DISPOSITION AND DEVELOPMENT AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

by and between

City of Lynwood,
a public body corporate and politic
as City,
and
Primestor Lynwood Triangle, LLC,
a Delaware limited liability company
as Developer,
dated as of
______________, 2024

with respect to:

Real Property located at the southwest comer of Fernwood Avenue and Imperial Highway, Lynwood, California (APNs 6169-002-912 and 6169-001-900)

285
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TABLE OF CONTENTS

1. Definitions..........................................................................................................................21

1.1 “Annual Net Operating Income” ...........................................................................21

1.2 “Annual Operating Expenses” ...............................................................................21

1.3 “Annual Operating Revenues”. ..............................................................................21

1.4 “Approval Notice” .................................................................................................21

1.5 “Approved Service Contracts”. ..............................................................................22

1.6 “Bill of Sale and Assignment” ...............................................................................22

1.7 “Broker(s)” .............................................................................................................22

1.8 “Developer Party/Parties”. .....................................................................................22

1.9 “Developer Preferred Return Balance” ..................................................................22

1.10 “Developer Related Entities”. ................................................................................22

1.11 “Developer’s Proforma Title Policy”.....................................................................22

1.12 “Developer’s Title Policy” .....................................................................................22

1.13 “Closing Date” .......................................................................................................23

1.14 “Closing Documents”. ...........................................................................................23

1.15 “Closing”/“Close of Escrow”. ...............................................................................23

1.16 “Completion Certificate” .......................................................................................23

1.17 “Conditional Approval Notice” .............................................................................23

1.18 “Construction Covenants” .....................................................................................23

1.19 “Contract Period”. ..................................................................................................23

1.20 “Deposit”................................................................................................................23

1.21 “Due Diligence Materials”. ....................................................................................23

1.22 “Due Diligence Period” .........................................................................................23

1.23 “Effective Date”. ....................................................................................................23

1.24 “Environmental Laws”...........................................................................................23

1.25 “Escrow”. ...............................................................................................................23

1.26 “Excluded Service Contracts”................................................................................23

1.27 “Facility” ................................................................................................................24

1.28 “Final Cost Certification”. .....................................................................................24

1.29 “Final Recap” .........................................................................................................24

1.30 “Final Sale”. ...........................................................................................................24

1.31 “Financing Plan” ....................................................................................................24

1.32 “FIRPTA Certificate”. ...........................................................................................24

1.33 “Grant Deed”. ........................................................................................................24

1.34 “Hazardous Substances”. .......................................................................................24

1.35 “Improvements”. ....................................................................................................24

1.36 “Independent Consideration”. ................................................................................24

1.37 “Intangible Property”. ............................................................................................24

1.38 “Interim Cost Certification”. ..................................................................................25

1.39 “Intermediary”. ......................................................................................................25

1.40 “Net Actual Development Cost” ............................................................................25

1.41 “Net Capital event Proceeds”.................................................................................25

1.42 “Outside Approval Date” .......................................................................................25

1.43 “Permitted Exceptions”. .........................................................................................26

1.44 “Personal Property” ...............................................................................................26

1.45 “Preliminary Site Plan” ..........................................................................................26

1.46 “Preliminary Title Report” .....................................................................................26 286
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1.47 “Project”.. ...............................................................................................................26

1.48 “Property” ..............................................................................................................26

1.49 “Purchase Price”. ...................................................................................................26

1.50 “Real Property” ......................................................................................................26

1.51 “Related Assignee” ................................................................................................26

1.52 “Release of Construction Covenants” ....................................................................26

1.53 “City Party/Parties”. ...............................................................................................26

1.54 “Schedule of Performance”....................................................................................26

1.55 “Service Contracts”. ...............................................................................................27

1.56 “Soft Costs”. ..........................................................................................................27

1.57 “Surplus Land Act Covenant”. ..............................................................................27

1.58 “Survival Period”. ..................................................................................................27

1.59 “Title Company” ....................................................................................................27

2. Purpose of the Agreement. ................................................................................................27

3. Development of the Property. ............................................................................................27

3.1 The Project.. ...........................................................................................................27

3.2 Cost of Development .............................................................................................28

3.3 Changes to Financing Plan.....................................................................................28

3.4 City and Other Government Permits......................................................................28

3.5 Schedule of Performance. ....................................................................................28

3.6 Construction Progress Reports. ............................................................................28

3.7 Local, State and Federal Laws. ..............................................................................28

3.8 Taxes, Assessments, Encumbrances and Liens. ....................................................29

3.9 Rights of Access ....................................................................................................29

3.10 Declaration of Construction Covenants and City Option to Repurchase. ...........29

4. Department of Toxic Substances Control (“DTSC”) Remediation Grant Funds.. ............29

5. Deposit and Purchase Price. ...............................................................................................30

5.1 Deposit.. .................................................................................................................30

5.2 Cash Balance.. ........................................................................................................30

6. Escrow................................................................................................................................30

7. Due Diligence Review and Period. ....................................................................................30

7.1 Service Contracts.. .................................................................................................30

7.2 Preliminary Title Report and Survey.. ...................................................................30

7.3 City’s Remediation Obligation. .............................................................................31

7.4 Due Diligence Materials.. ......................................................................................31

7.5 Physical Inspections.. .............................................................................................31

7.6 Approval Notice. ....................................................................................................32

7.7 Election to Terminate. ............................................................................................32

8. Conditions to the Close of Escrow.....................................................................................33

8.1 Conditions Precedent to Developer’s Obligations. ................................................33

8.2 Conditions Precedent to City’s Obligations. ..........................................................35

9. Deliveries to Title Company. .............................................................................................35

9.1 By City. ..................................................................................................................35

9.2 By Developer. ........................................................................................................36

9.3 By Both Developer and City ..................................................................................37

10. “AS-IS” Purchase...............................................................................................................37

10.1 No Representation.. ................................................................................................37

10.2 Existing Condition. ..............................................................................................37

11. Closing Costs and Expenses; Prorations. ...........................................................................37 287
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11.1 City’s Closing Costs ..............................................................................................37

11.2 Developer’s Closing Costs. ....................................................................................38

11.3 Other Costs.............................................................................................................38

11.4 Prorations. ..............................................................................................................38

12. Disbursements and Other Actions by Title Company .......................................................38

12.1 Funds. .....................................................................................................................38

12.2 Recording.. .............................................................................................................39

12.3 Developer’s Title Policy.. ......................................................................................39

12.4 Delivery of Documents to Developer or City. .......................................................39

13. Joint Representations and Warranties. ...............................................................................39

13.1 Authority.. ..............................................................................................................39

13.2 Actions. ..................................................................................................................39

13.3 Due Execution.. ......................................................................................................39

13.4 Valid and Binding ..................................................................................................39

14. City’s Additional Representations, Warranties, and Covenants. .......................................39

14.1 Pre-Closing Covenants...........................................................................................39

14.2 Third-Party Rights.. ...............................................................................................40

14.3 Litigation. ...............................................................................................................40

14.4 Non-Foreign Entity. ...............................................................................................41

14.5 Leases.. ...................................................................................................................41

14.6 Service Contracts. ..................................................................................................41

14.7 Compliance. ...........................................................................................................41

14.8 Bankruptcy. ............................................................................................................41

14.9 No Conflict.............................................................................................................41

14.10 Personal Property. ..................................................................................................41

14.11 Public Utilities and Services. .................................................................................41

14.12 Pending Assessments and Eminent Domain.. ........................................................41

14.13 Reports and Due Diligence Items. .........................................................................42

14.14 Fire and Casualty.. .................................................................................................42

14.15 OFAC/Patriot Act.. ................................................................................................42

14.16 Subsequent Changes. .............................................................................................42

14.17 City’s Knowledge. .................................................................................................42

14.18 Survival. . ...............................................................................................................42

15. Profit Participation .............................................................................................................43

15.1 Purpose ...................................................................................................................43

15.2 Method of Calculation. ..........................................................................................43

15.3 Reports. ..................................................................................................................43

15.4 Payment..................................................................................................................43

15.5 City Participation Term..........................................................................................44

15.6 City’s Right to Audit. .............................................................................................44

16. Condemnation and Destruction..........................................................................................46

16.1 Eminent Domain or Taking.. .................................................................................46

16.2 Damage or Destruction. .........................................................................................46

16.3 Definition of “material”. ........................................................................................47

17. Notices ...............................................................................................................................47

18. Brokers.. .............................................................................................................................48

19. Termination, Default, and Remedies. ................................................................................48

19.1 Notice and Cure Period.. ........................................................................................48

19.2 City’s Default.. .......................................................................................................48 288
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19.3 Developer’s Default.. .............................................................................................48

19.4 Developer’s Default After Closing and Prior to Completion Certificate.. ............49

19.5 No Consequential Damages.. .................................................................................52

19.6 Limitation on Liability.. .........................................................................................52

20. Assignment. .......................................................................................................................52

21. Miscellaneous. ...................................................................................................................52

21.1 Counterparts.. .........................................................................................................52

21.2 Partial Invalidity.....................................................................................................52

21.3 Possession of the Property.. ...................................................................................53

21.4 Waivers.. ................................................................................................................53

21.5 Successors and Assigns..........................................................................................53

21.6 Entire Agreement.. .................................................................................................53

21.7 Time of Essence; Dates.. ........................................................................................53

21.8 Construction.. .........................................................................................................53

21.9 Governing Law.. ....................................................................................................53

21.10 Survival.. ................................................................................................................53

21.11 Captions.. ...............................................................................................................53

21.12 Attorneys’ Fees.. ....................................................................................................53

22. Independent Consideration. ...............................................................................................54

23. 1031 Exchange Intermediary. ............................................................................................54

23.1 Agreement to Cooperate. .......................................................................................54

23.2 Indemnity; Limitations...........................................................................................54

Exhibits

Exhibit A - Legal Description
Exhibit B - Due Diligence Materials
Exhibit C - Grant Deed
Exhibit D - Bill of Sale and Assignment
Exhibit E - FIRPTA Affidavit
Exhibit F - Preliminary Site Plan
Exhibit G - Schedule of Performance
Exhibit H - Declaration of Construction Covenants
Exhibit I - Declaration of Surplus Land Act Covenants
Exhibit J – Example Calculation of Annual Net Operating Income Exhibit K - Project Proforma
Exhibit L - Example for a City Participation in Excess Developer Return Calculation Exhibit M – Memorandum of Disposition and Development Agreement 289
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PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Joint Escrow Instructions (“Agreement”) is dated as of ____________, 2024 (the “Effective Date”), by and between City of Lynwood, a public body corporate and politic (“City”) and Primestor Lynwood Triangle, LLC, a Delaware limited liability company (“Developer”).

Developer and City agree as follows:

1. Definitions. For the purposes of this Agreement the following terms will be defined as follows:

1.1 “Annual Net Operating Income” means for any calendar year during the City Participation Term (as that term is defined below), Annual Operating Revenues less Annual Operating Expenses as defined herein. Exhibit J to this Agreement contains an example of the calculation of Annual Net Operating Income.

1.2 “Annual Operating Expenses” means, for any calendar year during the City Participation Term, the sum of all current obligations of Developer for such period, determined on a cash basis in accordance with GAAP, consistently applied, including, without limitation, the following: real estate taxes; business license fees and taxes; insurance premiums; utility charges; maintenance expenses; marketing and advertising expenses; costs associated with the performance of Developer's obligations with respect to maintenance and programming of the Public Uses; Developer's expenses under any reciprocal easement agreement or similar agreement among property owners within the Project; security expenses; any property management fees (not to exceed 5% of Developer's gross receipts actually received); leasing commissions; and general and administrative expenses.

1.3 “Annual Operating Revenues” means, for any calendar year during the Term of this Agreement, as determined on a cash basis in accordance with GAAP, consistently applied, the gross revenues of Developer, during such period, including, without limitation, rents, interest earned on deposits, signage revenue, rental interruption insurance, casualty insurance proceeds in excess of actual casualty repair and replacement costs, reimbursements associated with the performance of Developer's obligations with respect to maintenance and programming of the Public Uses, administrative and management fees, and expense reimbursements Developer receives under any (a) tenant lease, or (b) declaration of covenants, conditions and restrictions, reciprocal easement agreement or similar agreements within the Project, but excluding proceeds from (w) tenant security deposits; (x) any Capital Event, (y) awards and/or proceeds arising out of any condemnation of any portion of the Property, to the extent not included in proceeds from a Capital Event; and/or (z) insurance proceeds in respect of any casualty loss, damage or destruction to the Property, to the extent not included in proceeds from a Capital Event.

1.4 “Approval Notice” is defined in Section 7.6.
290
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1.5 “Approved Service Contracts” means those Service Contracts, other than the Excluded Service Contracts, that Developer has expressly agreed to assume at Closing pursuant to an Approval Notice.

1.6 “Bill of Sale and Assignment” is defined in Section 9.1(b).

1.7 “Broker(s)” shall collectively mean [None] (“City’s Broker”), and [None] (“Developer’s Broker”).

1.8 “Developer Party/Parties” shall collectively mean Developer and its employees, agents, contractors, consultants, brokers, and representatives.

1.9 “Developer Preferred Return Balance” means, as of the last day of each calendar year during the City Participation Term, or the last day of the City Participation Term, as applicable, the amount equal to:
(a) 10% of the sum of (i) the amount of Developer's Net Actual Development Cost as of such date,
PLUS
(b) the Developer Preferred Return Balance, if any, as of the first day of such calendar year,
LESS
(c) the Annual Net Operating Income from the Project for such calendar year, LESS
(d) Net Capital Event Proceeds received by Developer during such calendar year (unless previously deducted from Net Actual Development Cost for such calendar year).

1.10 “Developer Related Entities” means any entity comprising (i) Developer's managing member, (ii) the sole member of Developer's managing member, (iii) the general partner of the entity comprising the sole member of Developer's managing member, (iv) the sole member of the entity comprising the general partner of the entity comprising the sole member of Developer's managing member, (v) the administrative member of the entity comprising the sole member of the entity comprising the general partner of the entity comprising the sole member of Developer's managing member, (vi) the general partner of the entity comprising the administrative member of the entity comprising the sole member of the entity comprising the general partner of the entity comprising the sole member of Developer's managing member, or (vii) such other functionally comparable entities.

1.11 “Developer’s Proforma Title Policy” is defined in Section 7.2.

1.12 “Developer’s Title Policy” is defined in Section 8.1(a). 291
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1.13 “Closing Date” shall mean the date which is either (i) thirty (30) days after the end of the Due Diligence Period, or (ii) such earlier date as the parties shall agree upon in writing for the Closing/Close of Escrow with respect to the purchase and sale of the Property.

1.14 “Closing Documents” shall mean the documents and instruments delivered into Escrow by the parties as described in Section 10.1.

1.15 “Closing”/“Close of Escrow” shall mean and refer to the consummation of the transactions described in this Agreement, and will be deemed to have occurred on that date when the Grant Deed is recorded in the official records of the county in which the Property is located.

Closing and Close of Escrow are terms used interchangeably in this Agreement.

1.16 “Completion Certificate” is defined in Section 3.5.

1.17 “Conditional Approval Notice” is defined in Section 7.6.

1.18 “Construction Covenants” is defined in Section 3.10.

1.19 “Contract Period” shall mean and refer to the period from the Effective Date through and including the Closing Date.

1.20 “Deposit” is defined in Section 4.1.

1.21 “Due Diligence Materials” is defined in Section 7.4.

1.22 “Due Diligence Period” shall mean and refer to the period ending at 5:00 p.m.

California time on the date which is one hundred eighty (180) calendar days following the Effective Date, during which Developer shall have completed its due diligence as described in Section 7.

1.23 “Effective Date” shall mean and refer to, and shall be, the date upon which this Agreement has been fully executed by both City and Developer.

1.24 “Environmental Laws” shall mean all federal, state and local laws, ordinances, rules and regulations now or hereafter in force, whether statutory or common law, as amended from time to time, and all federal and state court decisions, consent decrees and orders interpreting or enforcing any of the foregoing, in any way relating to or regulating human health or safety, or industrial hygiene or environmental conditions, or protection of the environment, or pollution or contamination of the air, soil, surface water or groundwater, and includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., and the Clean Water Act, 33 U.S.C. § 1251, et seq.

1.25 “Escrow” is defined in Section 6.

1.26 “Excluded Service Contracts” shall collectively mean and refer to all Service Contracts other than those, if any, which Developer has expressly agreed to assume pursuant to Section 7.1.
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1.27 “Facility” shall collectively mean the Real Property and the Improvements located thereon.

1.28 “Final Cost Certification” "Final Cost Certification" means Developer's final financial statement detailing the total actual cost of all pre-development, development and construction costs incurred by Developer for the completion of the Project, including, but not limited to Soft Costs (as defined in Section 1.55 below), which shall be certified by Developer's certified public accounting firm, to be delivered to City.

1.29 “Final Recap” means any: (a) refinancing, replacement or modification that extends the maturity date of any loans; (b) sale or conveyance of Developer's fee interest in the Project to a party that IS a Developer Related Entity in which ownership of not less than fifty percent (50%) of the Developer's equity is transferred, directly or indirectly, to a party that is unaffiliated with its owner prior to such transaction, or (c) any other recapitalization of Developer in which ownership of not less than fifty percent (50%) of the Developer's equity is transferred, directly or indirectly, to a party that is unaffiliated with its owner prior to such transaction, and (d) if no Final Sale or Final Recap has occurred, the twentieth (20) anniversary, of the Developer’s Final Cost Certification for the Project For purposes of this Section, “unaffiliated” shall mean any individual, entity, or organization that is not directly or indirectly controlled by, controlling, or under common control of the transferring owner.

1.30 “Final Sale” means any sale or conveyance of Developer's remaining fee interest in the portion of the Project Site owned by Developer to a party that IS NOT a Developer Related Entity.

1.31 “Financing Plan” is defined in Section 3.3

1.32 “FIRPTA Certificate” is defined in Section 9(c).

1.33 “Grant Deed” is defined in Section 9.1(a).

1.34 “Hazardous Substances” means any substance or material that is described as a toxic or hazardous substance, waste or material or a pollutant or contaminant, or words of similar import, in any of the Environmental Laws, and includes asbestos, petroleum (including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), petroleum-based products and petroleum additives and derived substances, lead-based paint, mold, fungi or bacterial matter, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals which may cause cancer or reproductive toxicity.

1.35 “Improvements” shall collectively mean and refer to any buildings, improvements and fixtures located on the Real Property.

1.36 “Independent Consideration” is defined in Section 22.

1.37 “Intangible Property” shall collectively mean and refer to City’s interest in any and all intangible personal property arising out of or in connection with the ownership and/or operation of the Facility, including any easements, appurtenances, development rights, approvals, 293
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entitlements, mineral rights, water rights, and air rights that may exist, the right to use the current names of the Facility, all licenses, permits, and certificates of occupancy issued to City by federal, state or local municipal authorities relating to the use, maintenance, occupancy, and/or operation of the Facility, and all warranties, guaranties and indemnities made or given by third parties with respect to the Facility which are transferable to Developer; excluding therefrom all Service Contracts.

1.38 “Interim Cost Certification” means Developer's interim financial statement detailing the total actual cost of all development and construction costs incurred by Developer for the completion of the Project, as of the last day of the most recent Calendar year prior to Project Completion, which shall be certified by Developer's certified public accounting firm, to be delivered to City pursuant to Section 7 of this Agreement.

1.39 “Intermediary” is defined in Section 23.1.

1.40 “Memorandum of Disposition and Development Agreement” is defined in Section

9.2(e).

1.41 “Net Actual Development Cost” means the total actual, documented cost incurred by Developer, including interest payable on any construction loans (but not principal amortization) prior to the completion of the Project LESS the following, to the extent received on or prior to Project Completion: (a) Net Capital Event Proceeds received by Developer in connection with any sale of any parcel in the Project based on Developer's Final Cost Certification. For each calendar year prior to Project Completion, Net Actual Development Cost will be based on a Developer's Interim Cost Certification. Upon Project Completion, Net Actual Development Cost will initially be established by Developer's Final Cost Certification. For each year of the City Participation Term, as of December 31 of such calendar year (or the last day of the City Participation Term, as applicable), Net Actual Development Cost will be INCREASED by Post Completion Construction Costs, to the extent incurred during such year, and DECREASED by the following, to the extent received during such year: (y) Net Capital Event Proceeds received by Developer in connection with any sale of a Transfer Parcel; and/or (z) contribution received by Developer for Project development and/or construction costs from any Transfer Parcel Retailer, and/or any tenant of Developer in the Project (but excluding any Net Capital Event Proceeds received by Developer in connection with any Final Participation Event).

1.42 “Net Capital event Proceeds” means (a) in the event of a Final Sale or a sale of Developer's interest in less than all of the portion of the Project Site owned by Developer the total consideration paid by the buyer in connection with such sale LESS (i) costs of sale, including, without limitation, brokerage commissions, marketing' costs, finder's fees, documentary transfer taxes, escrow charges, recording charges, title insurance premiums, legal fees and other closing costs, calculated with respect to each such item as the lesser of customary or actual costs; and (ii) in the event of a Final Sale, Net Actual Development Cost, or (b) in the event of a Final Recap, a deemed amount equal to the final fair market value used in connection with such transaction, LESS (x) four percent (4 %) of such final fair market value (the assumed total transaction costs) and (y) Net Actual Development Cost. Net Capital Event Proceeds will not take into account any income taxes payable by Developer or its members in connection with such sale or refinancing. 294
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1.43 “Outside Approval Date” is defined in Section 7.6(b).

1.44 “Permitted Exceptions” shall mean: (i) the Title Company’s standard printed conditions, exceptions and exclusions contained in the standard form of ALTA Owner’s Policy of Title Insurance (2006); (ii) a lien for real property taxes and assessments not then delinquent (which are subject to proration under Section 11 hereof); (iii) any matters affecting the condition of title to the Property which are created by Developer; and (iv) any matters of title respecting the Property which are expressly approved by Developer pursuant to the Developer’s Approval Notice given in accordance with Section 7.6 of this Agreement, but shall expressly exclude, any and all (a) deeds of trust, (b) mechanics’ liens not arising out of the activities of Developer, (c) judgment liens, and (d) other monetary encumbrances and obligations other than the liens of non-delinquent real property taxes and assessments (collectively, “Monetary Liens”).

1.45 “Personal Property” shall collectively mean and refer to all of City’s right, title, and interest, if any, in and to each and all the following items of tangible personal property that are used on the Real Property in the operation or maintenance thereof: appliances, equipment, furniture, furnishings, fixtures, machinery, signage, and other tangible personal property; excluding therefrom the Excluded Personal Property.

1.46 “Preliminary Site Plan” means the site plan attached hereto in Exhibit F, and defined in Section 3.1.

1.47 “Preliminary Title Report” is defined in Section 7.2.

1.48 “Project” shall mean a commercial development located on the Property with approximately 16,500 square feet of retail focused on improving essential services to the community, including up to four commercial/restaurant buildings and a surface-level parking lot comprised of up to 129 parking spaces. Three of the commercial restaurant buildings would provide drive-through service. The fourth commercial restaurant building is anticipated to include a sit-down full service restaurant.

1.49 “Project Completion” shall mean the issuance of a final certificate of occupancy issued by the City for all buildings or improvements that are part of the Project.

1.50 “Property” shall mean and refer to, collectively, (i) the Real Property, (ii) the Improvements, (iii) the Personal Property, (iv) the Service Contracts, and (v) the Intangible Property.

1.51 “Purchase Price” is and shall be $2,020,000.00.

1.52 “Real Property” shall mean and refer to that certain real property located in the City of Lynwood, Los Angeles County, State of California and more particularly described in Exhibit A attached hereto.

1.53 “Related Assignee” is defined in Section 19.

1.54 “Release of Construction Covenants” is defined in Section 3.10. 295
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1.55 “City Party/Parties” shall mean City and its employees, agents, members, owners, officers, and directors.

1.56 “Schedule of Performance” means the Schedule of Performance attached hereto as Exhibit G and as defined in Section 3.5.

1.57 “Service Contracts” shall collectively mean and refer to City’s interest in all service, equipment, maintenance, and similar agreements, if any, entered by City with respect to the Facility, including all listing agreements or other agreements with any brokers with respect to the four (4) years prior to the Effective Date, and any property management agreements with a 3rd party property manager for the same period.

1.58 “Soft Costs” means all expenditures incurred or to be incurred by Developer in connection with or incidental to the construction of the Project other than hard costs, including without limitation costs of acquisition of the Property and improvements prior to construction, costs of title examination and insurance, surveys, mortgage recording fees, legal fees, real estate taxes and assessments, water and sewer rents, insurance premiums, architectural fees, design fees, engineering fees, interest on any construction loans, marketing and leasing costs, and fees of other construction consultants paid by Developer as identified in greater detail in the attached Exhibit K (Project Proforma).

1.59 “Surplus Land Act Covenant” shall mean and refer to the Declaration of Surplus Land Act Covenants attached hereto as Exhibit “I” pursuant Government Code Section 54233.

1.60 “Survival Period” is defined in Section 14.18.

1.61 “Title Company” shall mean and refer to, and shall be:

Stewart Title Guaranty Company
525 North Brand Blvd.

Glendale, CA 91203
Escrow Officer: _Jeff Schick________
Title Officer: Jimmy Morada
Escrow/File No. 23000110175
Email: [email protected] and
[email protected]__

2. Purpose of the Agreement. Subject to the terms and conditions set forth in this Agreement, City agrees to sell to Developer and Developer agrees to buy from City, the Property, including all easements, hereditaments, entitlements, and appurtenances thereto. In consideration of City’s sale of the Property to Developer, Developer will (a) be subject to any prorations or credits set forth in this Agreement, pay to City the Purchase Price at the Closing, and (b) perform all of Developer’s other obligations hereunder. The Closing shall occur on the Closing Date and after Closing Developer shall cause the Project to be developed on the Property pursuant to the terms and conditions specified in this Agreement.

3. Development of the Property.
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3.1 The Project. As a material inducement for the City’s agreement to sell the Property to City, Developer covenants and agrees that after the Closing, Developer will develop the Property with the Project. The specific improvements to be included in the Project shall be substantially similar to the “Preliminary Site Plan” attached to this Agreement as Exhibit “I;” provided that, notwithstanding the foregoing, he Project to be Property shall be defined by the Development Entitlements and final building permits.

3.2 Cost of Development. All costs for engineering, planning, designing, permits, Development Entitlements and other approvals, whether imposed by City or another governmental entity with jurisdiction over the Project, and developing the Property shall be borne exclusively by Developer. Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement.

3.3 Changes to Financing Plan. Developer agrees to provide a summary of the Project Budget, lender commitments, grants, or other financial resources that will be used to fund the Purchase Price and facilitate Project construction (“Financing Plan”). Prior to the issuance of a Completion Certificate for the Project, any material change, modification, revision, or alteration of the approved Financing Plan (including but not limited to any amendments or modifications to the Project Budget, Sources and Uses, or commitment from any lender) must first be submitted to and approved by City for conformity to the provisions of this Agreement. All approvals by City shall not be unreasonably withheld. If not so approved, the approved Financing Plan shall continue to control. Following the issuance of a Completion Certificate for the Project, Developer shall have no obligation to provide City with information or seek City approval with respect to any financing or refinancing related to the Project, the Property, or any portion thereof.

3.4 City and Other Government Permits. Before commencement of construction or development of any buildings, structures or other work or improvement on the Property, Developer shall, at its own expense, secure or cause to be secured any normal permits which may be required by the City or any other governmental agency affected by such construction, development, or work. City shall provide appropriate assistance to Developer in securing these permits as a continuing obligation pending issuance of the Completion Certificate. The execution of this Agreement does not constrain City’s discretion, acting as a government, with respect to the Development Entitlements specifically, and nothing contained herein will be construed to mean that City is agreeing or has agreed to exercise its discretionary authority in support of any approvals or entitlements that may be required to construct the Project. Moreover, this Agreement shall not limit the scope or affect the discretion of the City to review CEQA documents and impose mitigation measures, alter a project, or deny a project in consideration of adverse environmental impacts.

3.5 Schedule of Performance. Promptly after the Closing, Developer shall commence construction and thereafter pursue construction without interruption until the Project is complete, as will be signified by a final certificate of occupancy issued by the City for all buildings or improvements that are part of the Project (“Completion Certificate”). Developer shall complete all such planning, design, construction, and opening of the Project in compliance with the deadlines specified in the "Schedule of Performance" attached hereto as Exhibit “G”. The City Manager, in his/her sole and absolute, but reasonable discretion, may grant extension(s) of the Schedule of Performance not exceeding nine (9) months in the aggregate, with any longer extensions of time 297
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requiring the approval of City Council. Construction of the improvements and development of the Property as described in the Development Entitlements may, at the sole election of Developer, be completed in different phases; provided that such construction and development is within the time specified in the Schedule of Performance, and that such phased construction is consistent with the environmental analysis completed for the Development Entitlements.

3.6 Construction Progress Reports. Until such time as Developer has completed construction of the Project, as evidenced by a Completion Certificate issued by City, Developer shall provide City with quarterly progress reports, or more frequent updates if City reasonably requires, regarding the status of the construction of the Project, including, upon City request, a certification that the actual construction costs to date conform to the Financing Plan.

3.7 Local, State and Federal Laws. Developer shall own the Property and carry out the construction of the Project in conformity with all applicable laws, including all applicable federal, state or local laws, rules, or standards, provided, however, Developer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such laws, rules, or standards. Developer agrees to indemnify, hold harmless and defend the City, its officers, employees, contractors and agents against any claim, action, proceeding, liability, damages, expenses, attorney fees, expert fees or other costs arising out of Developer's obligations under this subsection, provided the foregoing indemnity shall not apply to any of the foregoing matters to the extent caused by any willful or negligent conduct of the City or its agents, servants, employees, or contractors.

3.8 Taxes, Assessments, Encumbrances and Liens. After Closing, Developer shall pay when due all applicable real estate taxes and assessments on the Property levied subsequent to a conveyance of title to the Property. Developer shall not place or allow to be placed on the Property or any part thereof, any mortgage, trust deed, encumbrance, or lien unauthorized by this Agreement. Developer shall remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder. Notwithstanding the foregoing, Developer or a successor, transferee, assignee, or tenant contests the validity or grant of any recorded lien or tax assessment, and Developer, successor, transferee, assignee, or tenant shall notify the City that it intends to contest the same, and any payment due to clear the lien or assessment shall be made immediately upon final resolution of any such contest.

3.9 Rights of Access. For the purposes of monitoring compliance with this Agreement or to inspect the work being performed in constructing the Project, representatives of City shall have the reasonable right of access to the Property without charges or fees, at normal construction hours during the period of construction, so long as said access only occurs after City provides Developer not less than one twenty-four (24) hours written notice of its intent to access the Property, and so long as said access does not interfere with or delay construction activities.

3.10 Declaration of Construction Covenants and City Option to Repurchase. At the time of execution of the Agreement, City and Developer shall also sign the Declaration of Construction Covenants in the form attached in Exhibit “H” (“Construction Covenants”). Escrow shall record the Construction Covenants on the Property at the Closing. Following completion of the Project, and after City’s issuance of Completion Certificate, City shall, at Developer’s request, execute and 298
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provide to Developer a standard form release and reconveyance of the Construction Covenants which Developer may record on the Property (“Release of Construction Covenants”). The terms and conditions included in the Construction Covenants are expressly incorporated into this Agreement and shall survive the Closing and endure until released by the City.

4. Department of Toxic Substances Control (“DTSC”) Remediation Grant Funds. The Parties acknowledge and agree that the Property is contaminated with certain Hazardous Substances, and City has disclosed the environmental condition of the Property in writing to Developer (the “Existing Condition”). City has been awarded an Equitable Community Revitalization Grant funds by DTSC for the purpose of completing remediation activities in the amount of approximately $_6,660,243__ to collectively remediate impacted property, including the Real Property and immediately- adjacent real property (“Remediation Grant Funds”). Pursuant to the terms of the Remediation Grant, the City is reimbursed for eligible remediation activities under a reimbursable contract administered by a 3rd party. The City shall seek reimbursement for eligible costs of remediating such Hazardous Substances on the Property from the Remediation Grant Funds: (i) to the reasonable satisfaction of Developer, which shall include, without limitation, Developer’s receipt of a “no further action letter” or its equivalent with respect to the Existing Condition; (ii) and so that the Property is in compliance with all applicable Environmental Laws and suitable for the development of the Project (collectively, “City’s Remediation Obligation”).

Within two (2) business days of the Effective Date, City shall provide to Developer for its approval, not to be unreasonably withheld, conditioned or delayed, City’s proposed scope of work and remediation plan with respect to satisfying City’s Remediation Obligation (“City’s Remediation Plan”), which shall include delivery of the Property to Developer. City and Developer shall agree to an interim rough grading plan during the Due Diligence Period (“Interim Rough Grading Plan”).

If the costs to satisfy City’s Remediation Obligation exceed available Remediation Grant Funds, City shall be solely responsible for the excess costs.

5. Deposit and Purchase Price.

5.1 Deposit. Within five (5) business days of the Effective Date, Developer shall deliver to Title Company in cash, by confirmed wire transfer or by certified or cashier’s check collectible in same day funds, the sum of $100,000.00 (the “Deposit”). The Deposit shall be immediately refunded to Developer without need for further instructions from either party if Developer elects to terminate, or is deemed to have elected to terminate this Agreement pursuant to Developer’s expressed rights set forth herein, or if this Agreement otherwise terminates or the Closing fails to occur for any reason, except for a Developer default as set forth in Section 19.3 below.

5.2 Cash Balance. Subject to the prorations, credits and adjustments set forth in Section

11.4 below, by no later than such time as is required by Title Company or otherwise for the Closing to occur on the Closing Date, Developer will deposit into the Escrow the balance of the Purchase Price by confirmed wire transfer of currently available federal funds.

6. Escrow. Upon the execution of this Agreement, Developer and City will open an escrow (the “Escrow”) with the Title Company by delivering to the Title Company a fully executed copy of this Agreement. The purchase and sale of the Property will be completed through the Escrow.

As part of their Closing deliveries, Developer and City shall each submit additional supplemental 299
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escrow/closing instructions to the Title Company which are not in conflict with the terms of this Agreement. The terms and conditions set forth in this Agreement shall control if there is a conflict (i) between any printed escrow instructions provided by the Title Company and this Agreement, or (ii) between any supplemental escrow instructions provided by either party and this Agreement.

7. Due Diligence Review and Period.

7.1 Service Contracts. City shall deliver true, correct, and complete copies of all the Service Contracts, if any, to Developer on or before the Effective Date. By the end of the Due Diligence Period, Developer will review all Service Contracts and provide to City, as part of its Due Diligence Notice a written list of those Service Contracts which Developer would like City to terminate as of, or prior to the Closing Date (the “Excluded Service Contracts”).

7.2 Preliminary Title Report and Survey. Developer has, on or before the Effective Date, obtained a preliminary title report dated February 2, 2023 (order no. 23000110175) (the “Preliminary Title Report”) prepared by the Title Company, together with copies of the documents described in such Preliminary Title Report, including vesting deeds, all listed exceptions to title set forth on Schedule B thereof, and all documents referenced in the legal description of the Real Property. Developer will (i) complete its review of the Preliminary Title Report, any survey ordered by Developer, and all documents and information pertaining to either of them, and (ii) endeavor to, working in good faith with City and the Title Company, obtain from the Title Company a proforma ALTA owner’s policy of title insurance (the “Developer’s Proforma Title Policy”), in such form as may be approved by Developer in its sole discretion and including only the Permitted Exceptions.

7.3 City’s Remediation Obligation. Upon Developer’s approval of City’s Remediation Plan in accordance with Section 4 above, City shall exercise commercially reasonable efforts to complete City’s Remediation Plan. City shall provide to Developer all reports, investigations and documents prepared by City’s environmental consultants in connection with City’s Remediation Obligation, which shall include, without limitation, an environmental site assessment report.

Nothing herein shall limit Developer’s rights to obtain its own reports and investigations in order to independently assess whether City has satisfied City’s Remediation Obligation. In the event that Remediation Grant Funds are insufficient to complete the City’s Remediation Obligations, the City shall have the ability to extend, in City’s sole and absolute discretion, the Due Diligence Period for two (2) additional six-month periods to secure additional funding to complete the City’s Remediation Obligations, unless Developer provides Conditional Approval Notice pursuant to subsection (a) of Section 7.6. During this extended period, the City shall diligently pursue all available options for securing additional funding, including but not limited to state, federal, or local environmental grants. If by reason of Force Majeure (as defined in Section 19.4) the City is rendered unable wholly or in part to carry out City’s Remediation Obligation through no fault of its own, the City shall give written notice to Developer within a reasonable time after the occurrence of the Force Majeure event(s) and the Due Diligence Period shall be extended based on the number of days of delay caused by such Force Majeure event(s).

7.4 Due Diligence Materials. Within two (2) business days following the Effective Date, City shall deliver to Developer or make reasonably available to Developer for inspecting, true, correct, and complete copies of all other material documents, reports, and information in 300
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City’s actual possession relating to the ownership, use, development and operation of the Property, including without limitation those documents described on Exhibit B hereto (collectively, the “Due Diligence Materials”), except in no event shall the Due Diligence Materials include nor shall City be required to provide to Developer any information which is privileged or confidential.

7.5 Physical Inspections. During the Due Diligence Period, Developer may make any and all inspections of the Property which it desires to conduct, including soils, seismic, and environmental reports and studies, and City agrees to reasonably cooperate with all such inspections as may be needed. All inspections will be at Developer’s sole cost and expense, and the persons or entities performing such tests and investigations will be properly licensed and qualified. Developer will advise City in advance of the dates of all tests and investigations and will schedule all tests and investigations during normal business hours whenever feasible. City will have the right to have a representative of City accompany Developer and Developer’s representatives, agents, or designees (collectively, “Developer Parties”) while they are on the Property. Developer shall not, and shall cause the other Developer Parties to not interfere with the City’s use of the Property during the course of any entry or investigation/testing. City shall have the right to approve, in City’s sole but reasonable discretion, any proposed borings or other intrusive sampling and testing. If the Closing does not occur, Developer will restore any damage to the Property caused by Developer’s inspections at Developer’s sole cost and expense. Prior to any entry onto the Real Property to perform any such tests, Developer and any consultant, contractor or other Developer Party entering the Property shall provide City with proof of comprehensive general liability insurance in the amount of at least $1,000,000 combined, single limit coverage, naming City as an additional insured, and covering all personal injury and property damage claims related to the Developer or other Developer Party’s activities on the Real Property.

Developer will indemnify, defend, and hold City harmless for, from and against any and all claims, damages, costs, liabilities, and losses (including mechanics’ liens) arising out of any such testing and inspections, with such indemnity obligation to survive Closing or any earlier termination of this Agreement. Nothing in this paragraph shall be construed to as create any liability or responsibility for Developer or any other Developer Party with respect to the Existing Condition, discovery of any other condition, including without limitation any Hazardous Substances or other environmental condition, except only to the extent that any such condition was actually worsened as a direct result of the negligent or improper acts of Developer or a Developer Party in connection with an investigation.

7.6 Approval Notice.
(a) By the end of the Due Diligence Period, Developer shall (i) complete its review of the Service Contracts, Preliminary Title Report, other Due Diligence Materials, and any surveys, inspections, reports and studies which Developer has decided to obtain or perform with respect to the physical, legal, environmental, and financial condition of the Property, and (ii) deliver to City, with a copy to the Title Company, written notice stating that Developer has either (a) unconditionally approved all such items (an “Approval Notice”), or (b) conditionally approved such items and listing Developer’s specific conditions to full unconditional approval, including without limitation, (1) any Excluded Service Contracts which Developer desires that City terminate by the Closing Date, (2) any encumbrances or other exceptions to title shown on the Preliminary Title Report or otherwise, which Developer desires that City cause to be removed from title prior to the Closing Date, (3) any issues shown or disclosed by any survey or 301
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inspection/report obtained by Developer with respect to the Property or provided as part of the Due Diligence Materials, which Developer desires that City correct by the Closing Date and (4) any other issues with respect to the Property which Developer will require City to cure and/or correct prior to the Closing Date (a “Conditional Approval Notice”). (b) If Developer delivers a Conditional Approval Notice, then City shall have until 5:00 p.m. Pacific time on the date which is thirty (30) days after the end of the Due Diligence Period (the “Outside Approval Date”) to satisfy Developer’s conditions. (c) Developer may deliver an Approval Notice and/or a Conditional Approval notice via e-mail.

7.7 Election to Terminate. Developer shall have the right to terminate this Agreement for whatever reason or no reason at all with written notice to City and Title Company at any time prior to the end of the Due Diligence Period. In such event, this Agreement and the Escrow established hereunder shall terminate, the Deposit shall be immediately returned to Developer without need for further instructions to the Title Company from either Developer or City, and the parties shall have no further obligations to one another hereunder except those that by their terms expressly survive the termination hereof.

8. Conditions to the Close of Escrow.

8.1 Conditions Precedent to Developer’s Obligations. The Close of Escrow is subject to the following conditions precedent be satisfied not later than the Closing Date or such other period of time as may be specified below:
(a) Developer’s Title Policy. City shall have caused all Monetary Liens and encumbrances or exceptions to title identified in a Conditional Approval Notice to be removed from title on or before the Closing Date, and on the Closing Date the Title Company shall issue, or be unconditionally committed to issue to Developer an ALTA Owner’s Policy of Title Insurance effective as of the date and time of recording of the Grant Deed, showing title to the Property vested in Developer subject only to the Permitted Exceptions, and otherwise in a form acceptable to Developer (“Developer’s Title Policy”).
(b) Representations, Warranties and Covenants of City. City will have duly performed each and every agreement and covenant to be performed by City hereunder and City’s representations and warranties set forth in this Agreement will be true and correct as of the Closing Date.
(c) City’s Deliveries. City will have delivered into Escrow all of the items described in Sections 9.1 and 9.3 below.
(d) Excluded Service Contracts. City shall have terminated all Excluded Service Contracts as of, or before the Closing Date.
(e) Legal Compliance; Litigation. There shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which 302
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after Closing would materially and adversely affect the value of the Property or the ability of Developer to operate the Property as intended by Developer. (f) No Material Adverse Change. From and after the end of the Due Diligence Period, there shall not have occurred any events or changes to the physical, legal, or environmental condition of the Property which have a material adverse impact on Developer’s ability to use, develop or operate the Property, or otherwise, in Developer’s sole but reasonable opinion, including without limitation those events contemplated under Section 14 below with respect to casualty and condemnation.
(g) Restrictive Covenant. The Parties acknowledge and agree that as of the Effective Date, that certain Director’s Deed by the State of California, acting by and through its Director of Transportation (“Caltrans”) is recorded in the Official Records of the Los Angeles County Recorder’s Office as Document No. 20170260321 against the Property, pursuant to which portions of the Property subject to this Restrictive Covenant (the “Affected Property”) must be exclusively used for public purposes for a period of fifteen (15) years, and if said Affected Property ceases to be used exclusively for public purposes during this period, Caltrans may cause all title and interest in the Affected Property to revert to Caltrans (the “Restrictive Covenant”). City shall have caused the Restrictive Covenant to be removed from the title of the Property (and Developer will reasonably cooperate with City as applicable to achieve the removal of the Restrictive Covenant). The Restrictive Covenant shall not be a Permitted Exception. The Parties acknowledge and agree that in the event City’s failure to timely remove the Restrictive Covenant from the title of the Property, then: (i) Developer reserves the right to extend City’s time to remove the Restrictive Covenant, which shall be documented in writing, or (ii) the Developer may elect to terminate this Agreement in writing in which event, this Agreement and the Escrow established hereunder shall terminate, the Deposit shall be immediately returned to Developer without need for further instructions to the Title Company from either Developer or City, and the parties shall have no further obligations to one another hereunder except those that by their terms expressly survive the termination hereof.
(h) City’s Remediation Obligation. City shall have remediated the Hazardous Substances on the Property in compliance with City’s Remediation Plan and City’s Remediation Obligation to the reasonable satisfaction of Developer; the Parties shall have approved in writing the Interim rough Grading Plan pursuant to Section 4; and the Property shall be in compliance with all applicable Environmental Laws.
(i) Vacation of Alley. City shall cause the vacation of the alley located in the middle of the Property as a condition precedent hereunder. City shall provide documentation reasonably requested by Developer to evidence such vacation, including but not limited to evidence of infrastructure demolition and removal as may be required by any governmental agency or utility provider as part of the development of the Project. (j) Governmental Approvals.
(1) Developer's obligation to purchase the Property is conditioned on Developer's obtaining, on or before the Closing, as such date may be extended, all approvals and any related use permits or variances from all applicable governmental authorities for Developer's 303
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proposed use of the Property as a mixed-use retail commercial project, including, without limitation, approval of a traffic study and approval under the California Environmental Quality Act (“CEQA”) (collectively the “Discretionary Approvals”) and all applicable appeal periods (including, without limitation, relevant statute of limitations of applicable public jurisdictions) with respect to such approval shall have expired with no Appeal having been filed with respect thereto (or if filed, any such Appeal shall have been conclusively resolved on terms satisfactory to Developer). Developer shall use commercially reasonable efforts to obtain all such approvals. As used in this Agreement, “Appeal” shall mean any lawsuit, challenge, appeal, referendum, initiative, rescission, or development moratorium, either administratively or pursuant to other legal process, or any challenge or appeal alleging the failure of the applicable jurisdiction or other required parties to comply with CEQA. Any document delivered to any governmental authority for the purpose of obtaining any Discretionary Approval shall reflect Developer as the intended developer of the Property. Developer shall promptly provide City with a copy of all documents delivered to any governmental authority for the purpose of obtaining any Discretionary Approval. Developer shall use its commercially reasonable efforts to obtain the Discretionary Approvals. City shall not be obligated to incur any cost or expense in connection with any Discretionary Approval. Unless City consents in writing in its sole discretion, no Discretionary Approval shall be binding on the Property prior to the Closing. (2) If, despite Developer exercising commercially reasonable efforts to obtain all Discretionary Approvals, is unable to obtain such Discretionary Approvals by the Closing Date, Developer shall have the ability to extend, in Developer’s sole and absolute discretion, the Closing Date for three (3) periods of 60 (sixty) days each (individually, an “Extension” and collectively “Extensions”) for a total Extension period of one hundred eighty (180) days. Developer may exercise an Extension by providing City and Title Company with Developer’s written notice to extend the Closing asset forth herein. (k) On the Closing Date, no suit, action, investigation, inquiry or other proceeding by any governmental body or other person, or any legal or administrative proceeding shall have been instituted or threatened against Developer, City or the Property or any part thereof which challenges the validity or legality of the transactions contemplated by this Agreement (“Challenge”). Notwithstanding the foregoing, Developer shall have the right to waive any Challenge and proceed to closing on the Property.

The conditions set forth in this Section 8.1(k) are solely for the benefit of Developer and may be waived only by Developer with written notice to the City, and a copy of such notice to the Title Company (which copy may be sent via fax or email).

8.2 Conditions Precedent to City’s Obligations. The Close of Escrow and City’s obligations with respect to the transactions set forth in this Agreement are subject to the following conditions precedent:
(a) Representations, Warranties and Covenants of Developer. Developer will have duly performed each and every agreement and covenant to be performed by Developer hereunder and Developer’s representations and warranties set forth in this Agreement will be true and correct as of the Closing Date.
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(b) Developer’s Deliveries. Developer will have delivered into Escrow, on or before the Closing Date, the Purchase Price and the other items described in Sections 9.2 and 9.3 below.
(c) Approval of Interim Grading Plan. The Parties shall have approved in writing the Interim Rough Grading Plan pursuant to Section 4.

The conditions set forth in this Section 8.2 are solely for the benefit of City and may be waived only by City with written notice to the Developer, and a copy of such notice to the Title Company (which copy may be sent via email).

9. Deliveries to Title Company.

9.1 By City. On or prior to the Closing Date, City will deliver or cause to be delivered to Title Company the following items:
(a) A Grant Deed in the form attached to this Agreement as Exhibit C, duly executed and acknowledged by City and in recordable form (“Grant Deed”). (b) Two (2) counterparts of a Bill of Sale and Assignment in the form attached to this Agreement as Exhibit D, duly executed by City (“Bill of Sale and Assignment”) transferring City’s interest in the Personal Property, Approved Service Contracts, and Intangible Property to Developer.
(c) One (1) original executed copy of the of the Surplus Land Act Covenant, which may be executed in counterparts and shall be in recordable form with signatures and acknowledged.
(d) One (1) original executed copy of the Construction Covenants, which may be executed in counterparts and shall be in recordable form with signatures and acknowledged. (e) A Transferor’s Certificate of Non-Foreign Status attached to this Agreement as Exhibit E (“FIRPTA Certificate”) duly executed by City. (f) If applicable, a duly executed California Form 593 or other evidence sufficient to establish that Developer is not required to withhold any portion of the Purchase Price from City pursuant to the California Revenue and Taxation Code (the “593 Form”). (g) An Owner’s/City’s Affidavit and Indemnity as reasonably required by the Title Company in connection with the issuance of the Developer’s Title Policy. (h) Any documentation necessary to release the lien of the Restrictive Covenant from the title of the Property.
(i) Instructions to the Title Company to proceed with Closing in accordance with this Agreement.
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9.2 By Developer. On or prior to the Closing Date, Developer will deliver or cause to be delivered to Title Company the following items:
(a) The Purchase Price.
(b) Two (2) duly executed counterparts of the Bill of Sale and Assignment. (c) One (1) original executed copy of the of the Surplus Land Act Covenant, which may be executed in counterparts and shall be in recordable form with signatures and acknowledged.
(d) One (1) original executed copy of the Construction Covenants, which may be executed in counterparts and shall be in recordable form with signatures and acknowledged. (e) One (1) original executed copy of the Memorandum of Disposition and Development Agreement in the form attached hereto as Exhibit M in recordable form with signatures and acknowledged.
(f) A Preliminary Change in Ownership Report in the form required by the County of Los Angeles.
(g) Instructions to the Title Company to proceed with Closing in accordance with this Agreement.
(h) Any documentation necessary to release the lien of the Restrictive Covenant from the title of the Property.

9.3 By Both Developer and City. Developer and City will each deposit such other documents and instruments consistent with this Agreement as are reasonably required by Title Company or otherwise required to close Escrow. In addition, City and Developer hereby designate Title Company as the “Reporting Person” for the transaction pursuant to Section 6045(e) of the Internal Revenue Code.

10. “AS-IS” Purchase.

10.1 No Representation. Developer hereby agrees that, except as otherwise expressly provided in this Agreement and/or the Closing Documents, City disclaims the making of any representations or warranties, express or implied, regarding the Property or matters affecting the Property, including, without limitation, the physical condition of the Real Property, Improvements and Personal Property, title to or the boundaries of the Real Property, compliance with building, health, safety, land use and zoning laws, regulations and orders, or the ability to develop the Real Property for any purpose. Developer acknowledges that it has not received from City any accounting, tax, legal, environmental, architectural, engineering, or other advice with respect to this transaction or Developer’s proposed ownership, use, management, or development of the Real Property and is relying solely upon the advice of its own accounting, tax, legal, environmental, architectural, engineering, and other advisors. Subject to the City’s covenants, representations or warranties set forth in this Agreement and the Closing Documents, Developer shall purchase the Facility in its “AS IS” condition as of the Closing Date, and Developer expressly acknowledges 306
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that, in consideration of the agreements of City herein, and except as otherwise expressly set forth herein, CITY MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED,

OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO,

ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, and except as otherwise expressly set forth in this Agreement, Developer assumes the risk that adverse physical, economic or legal conditions may not have been revealed by any investigation of the Facility.

10.2 Existing Condition. Notwithstanding anything in this Agreement to the contrary, as between Developer and City, City assumes and takes responsibility and liability for all obligations attributable to the Existing Condition, and City agrees to indemnify, defend and hold harmless Developer from any loss, cost, claim, liability, expense, or demand incurred by Developer in connection with the Existing Condition. This Section 10 shall survive termination of this Agreement.

11. Closing Costs and Expenses; Prorations.

11.1 City’s Closing Costs. City will pay and/or be responsible for:
(a) all City and County documentary transfer taxes to the extent charged to City;
(b) the premium for the Developer’s Title Policy, provided City shall only be obligated for the base premium which would be payable if Developer was obtaining a CLTA form of Title Insurance Policy, with Developer responsible for the additional costs of any ALTA policy and all endorsements requested or required by Developer; (c) ½ of all escrow fees and costs.

11.2 Developer’s Closing Costs. Developer will pay and/or be responsible for:
(a) ½ of all escrow fees and costs;
(b) all fees and charges for recording the Grant Deed; and (c) the additional costs of any ALTA policy and all endorsements requested or required by Developer.

11.3 Other Costs. Developer and City will each pay all legal and professional fees and fees of other consultants incurred by Developer and City, respectively. All other normal costs and expenses will be allocated between Developer and City in accordance with the customary practice in Los Angeles County.

11.4 Prorations.
(a) Prorations and Credits. At least five (5) business days prior to the Closing Date, City shall deliver to Developer, for Developer’s reasonable approval, and to the Title Company, City’s estimate of Closing prorations. At Closing, all charges owing and which have 307
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been collected by City for or in respect of the month in which the Closing occurs shall be prorated as of midnight on the day before the Closing Date and the prorated amount attributable to Developer’s ownership period shall either be paid to Developer at the Closing or credited against the Purchase Price, at Developer’s option. In addition, current real property taxes and assessments, water, sewer and utility charges and amounts, as applicable, payable under the Service Contracts being assumed (calculated on the basis of the period covered), and other recurring expenses normal to the operation and maintenance of the Property shall be prorated as of midnight on the day before the Closing Date on the basis of a 360-day year (i.e. 30-day months). City shall be solely responsible for the payment of all supplemental taxes levied, assessed, or otherwise accrued prior to the Closing Date. Notwithstanding any other provision of this Agreement to the contrary, if Developer shall become liable after the Closing for payment of any property taxes or assessments, supplemental or otherwise, assessed against the Property for any period of time prior to the Closing Date, City shall pay the same to Developer within thirty (30) days following written demand. (b) Survival. The provisions of this Section 11.4 shall survive the Closing.

12. Disbursements and Other Actions by Title Company. At the Close of Escrow, Title Company will promptly undertake all of the following:

12.1 Funds. Disburse all funds deposited with the Title Company by Developer in payment of the Purchase Price for the Property as follows:
(a) deliver to City the Purchase Price, less the net amount of all items, costs and prorations chargeable to the account of City; and
(b) disburse the remaining balance, if any, of the funds deposited by Developer with the Title Company, back to Developer, less any amounts chargeable to Developer.

12.2 Recording. Cause the Grant Deed, any documentation necessary to release the lien of the Restrictive Covenant from the title of the Property, the Construction Covenants, and the Surplus Land Act Covenant (the foregoing, collectively, the “Recorded Documents”), in each case of the foregoing, to be recorded with the County Recorder and obtain a conformed copy thereof for distribution to City and Developer.

12.3 Developer’s Title Policy. Issue the Developer’s Title Policy to Developer.

12.4 Delivery of Documents to Developer or City.
(a) Deliver to Developer: (i) a conformed copy of the Recorded Documents, (ii) one (1) original counterpart of the Bill of Sale and Assignment, (iii) the FIRPTA Certificate, (iv) the 593-C and (v) any other documents (or copies thereof) deposited into Escrow by City. (b) Deliver to City: (i) one (1) original counterpart of the Bill of Sale and Assignment, and (ii) any other documents (or copies thereof) deposited into Escrow by Developer.

13. Joint Representations and Warranties. Each party represents and warrants to the other party as follows as of the Effective Date and again as of the Closing Date:
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13.1 Authority. Such party has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated herein.

13.2 Actions. All requisite action (governmental, corporate, trust, partnership or otherwise) has been taken by such party in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of the transactions contemplated herein.

No further consent of any partner, member, shareholder, creditor, investor, judicial or administrative body, governmental or quasi-governmental authority, or other party is required.

13.3 Due Execution. The individual(s) executing this Agreement and the instruments referenced herein on behalf of such party has/have the legal power, right, and actual authority to bind such party to the terms and conditions of this Agreement and all other instruments, documents and agreements contemplated or required in connection with the transactions set forth herein.

13.4 Valid and Binding. This Agreement and all other documents required for Closing this transaction, including the Closing Documents, are and will be valid, legally binding obligations of such party, and enforceable against such party in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles affecting or limiting the rights of contracting parties generally.

The representations and warranties set forth in this Section 13 shall survive the Closing.

14. City’s Additional Representations, Warranties, and Covenants.

14.1 Pre-Closing Covenants.
(a) City shall operate and maintain the Property in the same manner as City has been operating the Property as of the Effective Date, shall keep the Property free from waste and neglect, and shall maintain the Property in full compliance with all applicable laws. (b) City shall not enter into any new Service Contract or other new or additional contract or agreement providing for the provision of goods or services to or with respect to the Property or the operation thereof unless such contracts or agreements can be terminated without penalty to Developer by the Closing Date, without prior written consent of Developer. (c) City shall not enter into any new leases, licenses, subleases, occupancy or use agreements pertaining to the Property, or into any amendment, modification, termination, waiver, or other formal agreement with respect to any existing Lease, without prior written consent of Developer.
(d) City shall not convey any interest in the Property and shall not cause or allow any liens, encumbrances, covenants, conditions, easements, rights of way or similar matters to be recorded against the Real Property after the Effective Date, without prior written consent of Developer.
(e) City shall cause the Monetary Liens and any encumbrances and title exception identified in a Conditional Approval Notice to be removed from title. 309
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(f) City shall not cancel any hazard or liability insurance carried by City with respect to the Property or its operation, and shall maintain City’s current insurance for the Property in full force and effect until Closing.
(g) If City has agreed in writing to terminate any Excluded Service Contracts, to correct any title issues, or to otherwise correct, cure or address any other issues raised by Developer in any Conditional Approval Notice, then City shall perform all such actions and obligations which may be required in connection therewith, as and when agreed to, and in all events before the Closing Date.

14.2 Third-Party Rights. Neither City nor any other City Party has granted to any third party any option to purchase, right of first refusal, right of first offer or other similar right with respect to all or any portion of the Property that remains in effect, and neither City nor any other City Party has entered into any other contract for the sale of all or any portion of the Property with any third party that remains in effect. From and after the Effective Date, neither City nor any other City Party will enter into any contract for the sale or transfer of any right or interest of City or any City Party in any portion of the Property.

14.3 Litigation. Neither City nor any City Party is a party to any pending lawsuit or proceeding before a court or administrative agency which affects or could affect the Property or City’s ability to enter into this Agreement or perform any of its obligations hereunder. City has not received written notice of, nor to City’s knowledge, is there any litigation, arbitration or other legal or administrative suit, action, proceeding or investigation of any kind pending or threatened in writing against or involving City or any other City Party relating to the Property or any part thereof, including, but not limited to, any condemnation action relating to the Property or any part thereof.

14.4 Non-Foreign Entity. City is not a “foreign person” within the meaning of Section 1445(f)(3) of the Internal Revenue Code.

14.5 Leases. There any no other leases, licenses, or other similar occupancy agreements with respect to the leasing or occupancy of the Real Property or Improvements.

14.6 Service Contracts. There any no other service, equipment, maintenance, management, listing/brokerage, repair, construction, development, or similar agreements entered into by City with respect to the Real Property or Improvements other than the Service Contracts disclosed to Developer. The copies of the Service Contracts delivered by City to Developer are true, correct, and complete copies thereof. To City’s knowledge, no party is in default of any of its obligations under the Service Contracts, and there do not exist any events which, with the giving of notice, passage of time, or both, would constitute a default under any Service Contract.

14.7 Compliance. The Real Property is zoned by the municipality in which it is located so as to permit the current uses thereof and the current Improvements thereon. The current use of the Property does not constitute a non-conforming use, nor do any of the existing Improvements constitute a non-conforming structure under applicable present zoning laws. City has no knowledge of, and has not received any written notice from any governmental agency that the Facility or any condition existing thereon or any present use thereof violates any law or regulations 310
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applicable thereto, and City shall notify Developer promptly of any such proceedings, pending changes, or violations of which City receives notice of during the Contract Period.

14.8 Bankruptcy. City has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets, (iv) suffered the attachment or other judicial seizure of all or substantially all of its assets, or (v) admitted in writing its inability to pay its debts as they become due.

14.9 No Conflict. Neither the execution of this Agreement nor the performance of any of the terms or provisions hereof by City violates or conflicts in any respect with, or constitutes a default under, any judgment, order, injunction, decree, regulation or ruling of any court or governmental entity, the organizational documents of City, or any mortgage, deed of trust or indenture, any contract, or instrument to which City, any other City Party, or the Property is subject.

14.10 Personal Property. The Personal Property, if any, to be transferred to Developer is free and clear of all liens, security interests and other encumbrances.

14.11 Public Utilities and Services. To the best of City’s knowledge, no fact, condition or proceeding exists which would result in the termination or impairment of the furnishing of or an increase in rates for services to the Property of water, sewer, gas, electric, telephone, drainage, and other such utility services.

14.12 Pending Assessments and Eminent Domain. City is not aware of and has not received any notice of any proceeding in eminent domain, environmental, zoning, or other land- use regulation, any of which would affect the Property, or any portion thereof, in any manner.

There are no presently pending, and City has received no notice of, any special assessments of any nature with respect to the Facility, nor has City received any notice of any special assessments being contemplated.

14.13 Reports and Due Diligence Items. City has delivered to Developer true, correct, and complete copies of all Due Diligence Materials, all of which were prepared by or for City in the ordinary course of its business in the same manner as it prepares or obtains such items for its other properties and are used and relied upon by City in connection with its ownership, management, development, and operation of the Property.

14.14 Fire and Casualty. Except as disclosed in the Due Diligence Materials provided to Developer, within the past five (5) years, no portion of the Facility has been damaged or destroyed by earthquake, flood, landslide, flood, fire, or other casualty. City has not received any notice from any insurance carrier of, nor is City aware of any defects or inadequacies in the Facility which, if not corrected, would result in termination of insurance coverage, increase its cost or otherwise affect the insurability of the Facility.

14.15 OFAC/Patriot Act. Neither City nor any other City Party is included on the List of Specially Designated Nationals and Blocked Persons maintained by OFAC, does not resides in, and is not organized or chartered under the laws of (i) a jurisdiction that has been designated by the U.S. Secretary of the Treasury under Section 311 or 312 of the Patriot Act as warranting special 311
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measures due to money laundering concerns or (ii) any foreign country that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering, of which the United States is a member and with which designation the United States representative to the group or organization continues to concur.

14.16 Subsequent Changes. If City becomes aware of any fact or circumstance which would materially and adversely change one of its foregoing representations or warranties, then City shall promptly give written notice of such changed fact or circumstance to Developer.

14.17 City’s Knowledge. Whenever phrases such as "to the best of City's knowledge", “to City’s knowledge”, or "City has no knowledge" or similar phrases are used in the foregoing representations and warranties, they will be deemed to refer to matters within the actual current knowledge of the City, its elected officials, staff, employees, affiliates, contractors, or subcontractors, with reasonable and customary inquiry and investigation. City represents and warrants that such individual(s) is(are) the employee(s) of City most knowledgeable regarding the present operation and condition of the Property and the subject matters set forth above in this Section 14.

14.18 Survival. All of the foregoing representations and warranties of City will survive Closing for a period of twelve (12) months after the Closing Date (the “Survival Period”). No claim for a breach of any representation or warranty of City will be actionable or payable if Developer does not notify City in writing of such breach by 5:00 p.m. California time on the last day of the Survival Period and commence formal legal action in connection therewith within sixty (60) days of the expiration of the Survival Period.

15. Profit Participation

15.1 Purpose: Following Project Completion, and in consideration of City’s commitments under this Agreement, Developer agrees to pay to the City the “City Participation in Excess of Developer Return,” determined in accordance with Section 15.2.

15.2 Method of Calculation. The City Participation in Excess Developer Return shall equal to the product of twenty-five percent (25%) of the amount by which the Developer Preferred Return Balance is negative (a) upon December 31st of each calendar year during the City Participation Term, and (b) upon the Final Participation Event. An example calculation is shown in Exhibit L.

15.3 Reports.

15.3.1 Interim Reports. By February 1 of each year prior to Project Completion, Developer will deliver to City an Interim Cost Certification for the preceding calendar year.

15.3.2 Annual Reports. Commencing in the calendar year following Project Completion, during the Term, prior to April 1 each year, Developer will deliver to City the “Annual Report” for the preceding calendar year.
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15.4 Payment.

15.4.1 Annual Payments. If an Annual Report reveals that the Developer Preferred Return Balance was negative as of December 31 of the preceding calendar year, then Developer will deliver to City concurrently with the Annual Report a payment in the amount of the City Participation in Excess Developer Return then due.

15.4.2 Preliminary Final Payment. If the Unaudited Final Report delivered to City in connection with a Final Sale reveals that the Developer Preferred Return Balance is negative as of the Final Participation Date, then Developer will arrange for payment of the City Participation in Excess Developer Return due on such date to be paid out of the escrow for the closing of the Final Sale.

15.4.3 Final Payments. If the Final Report reveals that the Developer Preferred Return Balance was negative as of the Final Participation Date, then Developer will deliver concurrently-with the Final Report a payment of the City Participation in Excess Developer Return then due (net of any amounts previously paid to City out of escrow upon the closing of the Final Sale).

15.4.4 Audit Adjustment Payments. To the extent that the audit process described in Section 15.6 below reveals that Developer understated the City Participation in Excess Developer Return for the preceding calendar year or for the Final Participation Event, as applicable, then within thirty (30) days following written notice thereof Developer will pay such shortfall amount to City.

15.5 City Participation Term. City will be entitled to payment of the City Participation in Excess Developer Return defined in Section 15.2 until the earliest of the following (each, a "Final Participation Event"): (a) the twentieth (20) anniversary of Project Completion, or (b) following Project Completion, any Final Sale or any Final Recap (the “City Participation Term”).

Within one hundred twenty (120) days after a Final Participation Event, Developer shall deliver to City a final Annual Report (as defined in Section 15.6.1 below) for the period commencing on the first day of the then current calendar year through the closing date of the Final Participation Event, audited and certified by Developer's certified public accounting firm, together with (i) if the Final Participation Event is a Final Sale, a copy of the Developer's final closing statements for the Final Participation Event, setting forth the determination of the Net Capital Event Proceeds received by Developer for such Final Sale, and ii) if the Final Participation Event is a Final Recap, a copy of the MAI appraisal obtained in connection with the transaction, setting forth the final fair market value upon which the Final Recap was based (the "Developer's Appraisal"), and (ii) Developer's calculation of the final Developer Preferred Return Balance and amount due to City in respect of the City Participation in Excess Developer Return (collectively, the "Final Report").

15.6 City’s Right to Audit.

15.6.1 Generally. Upon written notice to Developer within ninety (90) days after receipt of any Interim Cost Certification, Developer's Final Cost Certification, any Annual Report or the Final Report (as applicable, any of these is referred to in this subsection as "Developer's Report"), City shall have the right to conduct an independent audit of the matters 313
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covered by such Developer's Report (any such audit, the "City's Audit"). If Developer does not receive a written notice demanding an audit from City within such ninety (90) day period, City will be deemed to have accepted the Developer's Report. Upon receipt of City's written request, Developer shall promptly make available to City or its agents or representative all of Developer's original books and records applicable to the Developer's Report (e.g., relating to the development and construction of the Project if the Developer's Report was the Interim Cost Certification) for inspection and copying at Developer's offices. If, having received a notice of audit from City within such ninety (90) day period, and thereafter City fails to deliver City's Audit to Developer within one hundred twenty (120) more days, City will be deemed to have accepted the Developer's Report. If City's Audit reveals a discrepancy in City's favor (e.g., an overstatement of Net Actual Development Cost to date in an Interim Cost Certification), then, within thirty (30) days following Developer's receipt thereof, City, Developer and their auditors will meet and confer to resolve any differences, and agree upon a resolution with regard to the applicable amount (e.g., an overstatement of Net Actual Development Cost to date in an Interim Cost Certification (such applicable amount being referred to herein as the "Applicable Amount"). If following such meeting, City and Developer are unable to agree upon an Applicable Amount, then Developer and City shall each instruct its accounting firm to select and agree with the other on a third accounting firm, which will be retained by Developer to conduct an audit (the "Third Audit") of Developer's original books and records for the matters covered by such Developer's Report and establish the Applicable Amount. If the Third Audit reveals an Applicable Amount closer to the Applicable Amount shown in Developer's Report, then (a) the average of the Applicable Amount shown in Developer's Report and in the Third Audit shall be the Applicable Amount hereunder, and (b) City will be responsible for the cost of the City's Audit and one-half of the costs of the Third Audit. If the Third Audit reveals an Applicable Amount closer to the amount shown in City's Audit, then (a) the average of the Applicable Amount shown in City's Audit and in the Third Audit shall be the Applicable Amount hereunder, and (b) Developer will be responsible for the cost of the City's Audit and the Third Audit, and will within thirty (30) days after written demand reimburse City for its actual out of pocket expenses incurred in connection therewith.

15.6.2 Additional Rights and Limitations Relating to Final Report. (a) City’s Appraisal. With respect to the Final Report, if (A) the Final Participation Event is a Final Recap and (B) the Developer's Appraisal submitted with the Final Report was obtained for the benefit of an institutional investor that is subject to regulatory or other restrictions on its investments, that lent or contributed, or committed to lend or contribute, is less than fifty percent (50%) of the new capital lent or contributed in connection with the Final Recap transaction, then City will have the right to obtain an independent MAI appraisal of the Final Fair Market Value ("City's Appraisal"). If City desires to obtain a City's Appraisal, then City shall so notify Developer concurrently with its initial Final Report City's Audit notice pursuant to Section

15.6.1 above. If Developer does not receive a written notice demanding an audit and City's Appraisal from City's within the initial ninety (90) day period described in Section 15.6.1, City will be deemed to have waived its right to obtain a City Appraisal. If, having received a notice of City's desire to obtain a City's Appraisal within such ninety (90) day period, thereafter City fails to deliver City's Appraisal to Developer within one hundred twenty (120) more days, City will be deemed to have waived its right to obtain a City Appraisal. If City's Appraisal reveals a Final Fair Market Value higher than the value shown in the Developer's Appraisal, then, within thirty (30) 314
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days following Developer's receipt thereof, City, Developer and their appraiser will meet and confer to resolve any differences, and agree upon a resolution with regard to the Final Fair Market Value. If following such meeting, City and Developer are unable to agree upon the Final Fair Market Value, then Developer and City shall each instruct its appraiser to select and agree with the other on a third appraiser, which will be retained by Developer to conduct an appraisal (the "Third Appraisal") of the Final Fair Market Value. If the" Third Appraisal reveals the Final Fair Market Value closer to the Final Fair Market Value shown in Developer's Appraisal, then (a) the average of the Final Fair Market Value shown in Developer's Appraisal and in the Third Appraisal shall be the Final Fair Market Value hereunder, and (b) City will be responsible for the cost of the City's Appraisal and one-half of the costs of the Third Appraisal, and will within thirty (30) days after written demand reimburse Developer for its actual out of pocket expenses incurred in connection therewith. If the Third Appraisal reveals the Final Fair Market Value closer to the amount shown in City's Appraisal, then (a) the average of the Final Fair Market Value shown in City's Audit and in the Third Appraisal shall be the Final Fair Market Value hereunder, and (b) Developer will be responsible for the cost of the City's Appraisal and the Third· Appraisal, and will within thirty (30) days after written demand reimburse City for its actual out of pocket expenses incurred in connection therewith.
(1) No Re-Audit. City's rights to conduct an audit of any Developer's Report shall not include any right to audit information or any Applicable Amount contained in any previously submitted Developer's Report, including as such previously submitted Final Fair Market Value may have been finally adjusted pursuant to the audit procedures described in this Section 15.6, except in the case of fraud or intentional misrepresentation and concealment.

16. Condemnation and Destruction.

16.1 Eminent Domain or Taking. If proceedings under a power of eminent domain relating to the Property or any part thereof are commenced prior to Close of Escrow, City shall promptly inform Developer in writing.
(a) If such proceedings involve the taking of title to all of the Property, or of a material portion of, or interest in the Property, then Developer may elect to terminate this Agreement with written notice given within ten (10) business days of City’s written notice to Developer, in which case this Agreement and Escrow shall terminate, neither party shall have any further obligation to or rights against the other party hereunder except for any rights or obligations which are expressly stated to survive termination of this Agreement, and the Title Company shall immediately return the Deposit to Developer, without the need for any further instructions from the parties.
(b) If the proceedings do not involve the taking of title to all of the Property, or of a material portion of, or interest in the Property, or if Developer does not elect to terminate this Agreement, this transaction shall be consummated as described herein and any award or settlement payable with respect to such proceeding shall be paid or assigned from City to Developer upon the Close of Escrow.
(c) If this sale is not consummated for any reason, any condemnation award or settlement shall belong to City.
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16.2 Damage or Destruction. If, prior to the Close of Escrow, any part of the Facility is damaged or destroyed by earthquake, flood, landslide, flood, fire or other casualty, City will promptly inform Developer of such fact in writing and advise Developer as to the extent of the damage so that Developer may determine whether such damage or destruction is material. (a) If such damage or destruction is material, then Developer may elect to terminate this Agreement by written notice given within ten (10) business days of City’s written notice of casualty to Developer, in which case this Agreement and Escrow shall terminate, the Title Company shall immediately return the Deposit to Developer, without the need for any further instructions from the parties, and neither party shall have any further obligation to or rights against the other party hereunder except for any rights or obligations which are expressly stated to survive termination of this Agreement.
(b) If the damage is not material, or if Developer does not so elect to terminate this Agreement due to material damage, this transaction will close pursuant to the terms hereof, provided that upon the Close of Escrow Developer shall receive a credit against the Purchase Price in the amount of any property insurance proceeds collected by City as a result of any such damage or destruction, plus the amount of any deductible under City’s insurance with respect to damage or destruction, and provided further that City shall assign to Developer all of City’s rights to such proceeds which may not have been collected prior to the Close of Escrow. (c) If this sale is not consummated for any reason due to a casualty, then City’s insurance proceeds resulting from such casualty shall belong to City.

16.3 Definition of “material”. For purposes of this Section 16, a “material” taking is deemed to be taking or condemnation of (a) more than ten percent (10%) of the Real Property, and (b) a portion of the Real Property, which, if removed therefrom, would cause a material adverse impact on Developer’s ability to use the Facility for the Project, and a “material” casualty is deemed to be any damage or destruction to the Facility where (i) the cost of repair or replacement is estimated to be more than ten percent (10%) of the Purchase Price, (ii) such casualty was not fully insured against, or the proceeds expected to be received therefor will not be able to be transferred to Developer, whether via credit against the Purchase Price or otherwise or (iii) the required repairs and restoration work cannot be completed within one hundred eighty (180) days after the date of the casualty.

17. Notices. Except for those notices which, pursuant to the express terms of this Agreement may be sent via fax or email, all notices or other communications required or permitted hereunder must be in writing, and must be personally delivered (including by means of professional messenger service), sent by overnight courier, electronic mail, or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth below, or such other addresses that a party may designate from time to time during the Contract Period with written notice to the other party. Notices will be sent as follows to:
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Developer: Primestor Lynwood Triangle LLC
9950 Jefferson Blvd., Building 2
Culver City, CA 90232
Attn: David Abasta
Email: [email protected]

with a copy to: Somos Law Group LLP
304 South Broadway, Suite 350
Los Angeles, CA 90013
Attn: Kira Conlon
Email: [email protected]

City: The City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: City Manager
Email: [email protected]

with a copy to: Alvarez-Glasman & Colvin
13181 Crossroads Pkwy. North
Suite 400 - West Tower
City of Industry, CA 91746
Attn: Noel Tapia
Email: [email protected]

Title Company: at the address specified in the definition thereof

18. Brokers. City represents and warrants to Developer, and Developer represents and warrants to City, that no broker or finder has been engaged by them, respectively, in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions, except for the Brokers. Developer will indemnify, save harmless and defend City from any liability, cost, or expense arising out of or connected with any claim for any commission or compensation made by any person or entity claiming to have been retained by Developer in connection with this transaction, other than the Broker(s). City will indemnify, save harmless and defend Developer from any liability, cost, or expense arising out of or connected with any claim for any commission or compensation made by any person or entity claiming to have been retained by City in connection with this transaction, other than the Broker(s).

This indemnity provision will survive the Closing or any earlier termination of this Agreement.

19. Termination, Default, and Remedies.

19.1 Notice and Cure Period. If either party fails to perform any of its obligations hereunder as and when required, or if one of the representations and warranties made by a party is 317
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discovered to be or becomes untrue during the Contract Period, then the non-defaulting party shall give written notice of such default to the defaulting party, with a copy to the Title Company (which copy may be sent via email), and the defaulting party shall have until the earlier of (i) the Closing Date and (ii) five (5) business days after receipt of such notice to cure such default. A non- defaulting party may elect to waive any such default with written notice to both the defaulting party and the Title Company (which waiver may be sent via email).

19.2 City’s Default. If the City is in default under this Agreement, beyond all applicable notice and cure periods, then Developer shall be entitled to exercise all of its remedies which may be available under this Agreement and/or applicable laws, including, without limitation, a suit for specific performance. If the Closing does not occur by the Closing Date because of a City default, beyond the notice and cure periods set forth above, then, in addition to any remedies which may be available to Developer under applicable laws, Developer may cancel the Escrow and terminate this Agreement with written notice to the City and a copy of such notice to the Title Company (which copy may be sent via email). Upon the issuance of such notice, (i) this Agreement and the Escrow established hereunder shall terminate and the Deposit shall be immediately returned to Developer without need for further instructions to the Title Company from either Developer or City, (ii) the parties shall have no further obligations to one another hereunder except those that, by their terms, expressly survive the termination hereof, (iii) all costs of cancellation, if any, will be paid by the City, and (iv) Developer shall be entitled to reimbursement of its reasonable out-of- pocket expenses incurred in connection with the transaction. City’s obligations under this Section 19 shall survive the termination of this Agreement.

19.3 Developer’s Default. If the Closing does not occur by the Closing Date because of a Developer default, beyond the notice and cure periods set forth above, then the City may, as the City’s sole and exclusive remedies (i) waive such default and proceed with Closing, (ii) cancel the Escrow and terminate this Agreement with written notice to the Developer and a copy of such notice to the Title Company (which copy may be sent via email) and have the Escrow agent shall immediately deliver to City without need for further instructions to the Title Company from either Developer of or City, the Deposit as liquidated damages and thereafter this Agreement shall terminate. City hereby waives any right to an action for specific performance.

IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF A DEVELOPER’S

UNCURED DEFAULT UNDER THIS AGREEMENT, THE CITY WILL BE DAMAGED

AND WILL BE ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH

DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO
ASCERTAIN. CITY DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH THEY MIGHT BE LIABLE SHOULD IT BREACH THIS AGREEMENT. THE

PARTIES WISH TO AVOID THE COSTS AND LENGTHY DELAYS THAT WOULD

RESULT IF A PARTY FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF DEVELOPER’S UNCURED DEFAULT, THEN THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF THE CITY’S DAMAGES

AND SHALL BE RETAINED BY THE CITY AS LIQUIDATED DAMAGES AS ITS

SOLE AND EXCLUSIVE REMEDY FOR BREACHES OF THIS AGREEMENT THAT RESULT IN A FAILURE OF THE CLOSING. CITY AND DEVELOPER 318
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ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS

OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH

LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369,

BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

THIS SECTION SHALL APPLY ONLY TO UNCURED MATERIAL BREACHES

OF THIS AGREEMENT THAT PREVENT OR RESULT IN A FAILURE OF THE

CLOSING, AND SHALL NOT OPERATE TO LIMIT OR OTHERWISE RESTRICT THE CITY’S RIGHTS AND REMEDIES RELATING TO OTHER DISPUTES.

___________________ ___________________ DEVELOPER’S INITIALS CITY’S INITIALS

19.4 Developer’s Default After Closing and Prior to Completion Certificate. In the event Developer, after Closing and prior to City’s issuance of a Completion Certificate, fails or declines to obtain a temporary certificate of occupancy or its equivalent (the “TCO”) in accordance with the Schedule of Performance, and Developer fails to cure such breach within ninety (90) calendar days after receipt of written notice from City, or if the cure takes longer than ninety (90) calendar days, if Developer fails to commence to cure such breach within said ninety (90) day period and diligently pursues the cure without interruption until complete, then, City may, at City’s option, exercise the rights set forth in this Section 19.4 by giving at least thirty (30) days’ prior written notice, in writing, of such election to Developer. As long as Developer is exercising commercially reasonable efforts to obtain such TCO, Developer and City shall work in good faith to agree to additional extensions of time prior to City exercising its rights under Section 19.4.1.

Notwithstanding anything in this Agreement to the contrary, Developer shall not be deemed to be in default under this Section 19.4, and City shall have no rights hereunder if Developer’s failure to timely obtain a certificate of occupancy or its equivalent is due to delays caused by Force Majeure or delays caused by City, which shall include, without limitation, City’s failure to timely satisfy its obligations as set forth in the Schedule of Performance. “Force Majeure”, as used in this Section 19.4, shall mean any cause beyond Developer’s reasonable control, including, but not limited to: epidemics; pandemics; quarantine restrictions; strikes; boycotts; obstructive actions by labor organizations; natural disasters, war and related causes; acts of terror or terrorism; unexpected delays in the issuance of permits caused by the actions or inaction of governmental or quasi-governmental entities with respect to the development of the Project; changes in applicable laws which directly impact the development of the Project; political delays impacting the Schedule of Performance; the failure of any utility company to provide and maintain utilities to the Property which are required for the Project; and unforeseeable site conditions that are not ascertainable without invasive investigations or other actions which would cause material damage to the Property. In the event of a Force Majeure or delays caused by City, Developer shall be entitled to 319
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delay obtaining receipt of a temporary certificate of occupancy based on the number of days of delay caused by such Force Majeure event(s) and/or City.

19.4.1 Reversion to City. Upon an uncured default of Developer described in Section 19.4, after expiration of all applicable cure and notice periods and subject to Section

19.4, City shall have the right to reenter and take possession of the Property and all improvements thereon, and to revest in City the estate of Developer for such Property, in each case of the foregoing, in accordance with all applicable laws. From and after the issuance of a Completion Certificate for the Project and the Release of the Construction Covenants, the remedies set forth in this subsection shall no longer be available to City under any circumstance. The recordation of the Release of Construction Covenants shall be conclusive evidence that the rights under this subsection have been terminated.
(a) Upon revesting in City, City shall promptly use its best efforts to resell the Property for purposes consistent with the Zoning Code. Upon sale, the proceeds shall be applied as follows:
(1) First, to reimburse City for any reasonable costs incurred in managing or selling the Property, including but not limited to amounts to discharge or prevent liens or incumbrances arising from any acts or omissions of Developer or its contracts and subcontractors;
(2) Second, to Developer up to the sum of the Purchase Price and the costs actually expended by Developer in undertaking the development of the Project; and (3) Any remaining balance to the City.
(b) The right of reverter contained in Section 19.4.1 shall be set forth in the Construction Covenants.
(c) Such right to revest the Property to City, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(1) Any approved deed of trust permitted by this Agreement or otherwise as part of the Financing Plan; or
(2) Any rights or interest provided in this Agreement for the protection of the holder of such deed of trust.

19.4.2 Option to Repurchase; Reenter and Repossess. Upon an uncured default of Developer described in Section 19.4, after expiration of all applicable cure and notice periods and subject to Section 19.4, City shall have the alternative right at its option to repurchase or reenter and take possession of any portion of the Property then owned by Developer with all improvements then-existing thereon, in each case of the foregoing, in accordance with all applicable laws. From and after the issuance of a Completion Certificate for the Project and the recordation of the Release of Construction Covenants, the remedies set forth in this subsection shall no longer be available to City under any circumstances. The recordation of the Release of 320
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Construction Covenants shall be conclusive evidence that the rights under this Section 19.4.2 have been terminated.
(a) Such right to repurchase, reenter and repossess, to the extent provided in this Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit:
(1) Any approved deed of trust permitted by this Agreement or otherwise as part of the Financing Plan; or
(2) (ii) Any rights or interest provided in this Agreement for the protection of the holder of such deed of trust.
(b) To exercise its right to repurchase, reenter and take possession with respect to the Property owned by Developer, City shall pay to Developer in cash an amount equal to:
(1) The Purchase Price paid to City for the Property; plus (2) The reasonable costs actually expended by Developer in constructing the Project at the time of the repurchase, reentry and repossession; less (3) Any gains or income withdrawn or made by Developer from the Property; less
(4) The value of any unpaid liens or encumbrances on the Property which City assumes or takes subject to said encumbrances without any further action from Developer.

19.5 No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this agreement or provided for under any applicable law, neither Party shall, in any event, be liable to the other Party, either in contract, tort or otherwise, for any consequential, incidental, indirect, special or punitive damages from such other person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the default or alleged breach hereof, whether or not the possibility of such damages has been disclosed to the other party in advance or could have been reasonably foreseen by such other Party.

19.6 Limitation on Liability. Notwithstanding anything to the contrary herein, but excluding any tort claims, Developer hereby agrees that in no event or circumstance shall any of the shareholders, members, partners, employees, representatives, officers, directors, affiliated or related entities of City have any personal liability under this Agreement.

20. Assignment. The qualifications and identity of Developer and Developer’s intended use of the Property are of particular concern to the City. It is because of those qualifications, identity, and purpose that City has entered into this Agreement with Developer. Developer shall not assign this Agreement without first obtaining City’s prior written consent thereto, which consent may be withheld by City in its reasonable discretion; provided, however, that Developer shall have the right to assign all of its right, title and interest in and to this Agreement without the need for City’s 321
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consent to a person, corporation, partnership or limited liability company which is controlled by, controls, or is under common control with Developer (a “Related Assignee”), so long as (a) Developer provides written notice to City concurrently with such assignment (including a copy of the fully executed assignment document), (b) the assignee agrees in writing to assume all of Developer’s obligations and liabilities under this Agreement, (c) neither the assignment nor the assignee violates Developer’s representations and warranties contained in Section 13 above, and (d) such assignment and assumption does not and shall not release Developer from its obligations and liabilities under this Agreement. Any attempted assignment without City’s required prior written consent will, at City’s option, be voidable and constitute a material breach of this Agreement. This provision shall survive the Closing and expire upon City’s issuance of a Completion Certificate.

21. Miscellaneous.

21.1 Counterparts. This Agreement may be executed in counterparts. Facsimile signatures or signatures sent via e-mail in “.pdf” format shall be valid so long as wet signature originals are delivered not later than three (3) business days after the delivery of the facsimile/e-mail signature version of the Agreement.

21.2 Partial Invalidity. If any term or provision of this Agreement will be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.

21.3 Possession of the Property. City will deliver exclusive possession of the Property to Developer upon the Close of Escrow.

21.4 Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act except those of the waiving party, which will be extended by a period of time equal to the period of the delay.

21.5 Successors and Assigns. This Agreement is binding upon and inures to the benefit of the heirs, personal representatives, successors and permitted assigns of the parties hereto.

21.6 Entire Agreement. This Agreement (including all Exhibits attached hereto) constitute the entire agreement between the parties hereto with respect to the subject matter hereof and may not be modified except by an instrument in writing signed by the party to be charged.

21.7 Time of Essence; Dates. City and Developer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision hereof. If the Due Diligence Period ends on a date which is not a business day, or if the Closing Date, Outside Approval Date, or any other date which serves as a deadline for performance hereunder occurs on a day other than a business day, then such date(s) shall automatically be deemed extended until the next occurring business day.
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21.8 Construction. This Agreement has been prepared by Developer and its professional advisors and reviewed by City and its professional advisers. City and Developer and their respective advisors believe that this Agreement is the product of all of their efforts, that it expresses their agreement and that it should not be interpreted in favor of or against either Developer or City, and the principle of law set forth in California Civil Code §1654 (or its successor) that contracts are construed against the drafter shall not apply. The parties further agree that this Agreement will be construed to effectuate the normal and reasonable expectations of a sophisticated City and Developer.

21.9 Governing Law. The parties hereto expressly agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.

21.10 Survival. All obligations of the parties contained herein which by their terms do not arise until after the Close of Escrow and any other provisions of this Agreement which by their terms survive the Close of Escrow, shall survive the Close of Escrow.

21.11 Captions. Section titles or captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision hereof.

21.12 Attorneys’ Fees. In the event any dispute between Developer and City with respect to this Agreement should result in litigation, the prevailing party shall be reimbursed by the non- prevailing party for all reasonable costs incurred in connection with such litigation, including, without limitation, reasonable attorneys’ fees. Such costs and fees shall be included in and made a part of the judgment recovered by the prevailing party, and this paragraph shall include costs of appeal, paralegal fees, expert witness costs/fees, and all other reasonable legal expenses related thereto. The provisions of this paragraph shall survive any termination of this Agreement and the Closing.

22. Independent Consideration. Concurrent with its delivery of a fully executed copy of the Agreement, Developer shall deliver to City in cash the sum of Five Hundred and No/100 Dollars ($500.00) (the “Independent Consideration”) which amount has been bargained for and agreed to as consideration for Developer’s exclusive option to purchase the Property and the Developer’s Due Diligence Period provided herein, and for City’s execution and delivery of the Agreement. The Independent Consideration is not part of the Purchase Price, is in addition to and independent of all other consideration provided in the Agreement, and is nonrefundable in all events.

23. 1031 Exchange Intermediary.

23.1 Agreement to Cooperate. Each party agrees to cooperate with the other (including cooperation with any Intermediary) to structure the sale of and/or acquisition of the Property (as the case may be) as an exchange of property held for productive use in a trade or business or for investment within the meaning of Section 1031 of the Internal Revenue Code of 1986 (as amended), and upon request, each party agrees to execute additional escrow instructions, documents, agreements or instruments to effect the exchange; provided, however, that (i) neither 323
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party shall incur additional costs or expenses (or be required to acquire, accept or hold title to any other property of whatever nature) as a result of or in connection with any such exchange initiated by the other party, (ii) any such exchange shall not delay or accelerate the Close of Escrow, and (iii) no such exchange will relieve a party of the timely adherence to or performance of each and every duty, obligation and liability of such party contained in or arising out of this Agreement. In connection with the foregoing, either party, at its election, may substitute for any one or more of them, one or more persons or entities (“Intermediary”) as a party(ies) to the escrow and this Agreement for the purpose of completing any such exchange, in which event the Intermediary shall assume and perform the obligations of the appointor under this Agreement (but without releasing liability of the appointor for such performance in any manner whatsoever), and the non- appointing party agrees to accept the performance by Intermediary and shall tender its performance to Intermediary. Implementation of the exchange(s) contemplated in this Section 23 shall not be a condition to the Closing.

23.2 Indemnity; Limitations. Each party agrees to indemnify, defend and hold the other harmless from and against any and all additional costs, expenses, claims, demands, liabilities, losses, obligations, damages, recoveries, and deficiencies in excess of those liabilities that such party would normally have if the transactions contemplated in this Agreement closed without any form of tax deferred exchange, and that such party may incur or suffer, as a result of or in connection with (i) the structuring of the transactions contemplated in this Agreement as an exchange under Internal Revenue Code Section 1031 and/or (ii) the execution of any documents in connection with the exchange (other than attorneys’ fees incurred for review of any document(s) reasonably required or reasonably related to any such exchange). Neither party’s foregoing indemnity shall indemnify the other for any liabilities arising as a result of or in connection with any default by the other under this Agreement, any default by the other under any of the documents or agreements entered into by it in connection with the exchange, or for any negligence or willful misconduct on its’ part. The indemnities set forth in this paragraph shall survive the Closing.

Remainder of page intentionally left blank.

Signatures on following page.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first above written.

“CITY”

THE CITY OF LYNWOOD

By: ______________________________

ATTEST:

By: __________________________

APPROVED AS TO FORM:

By: _______________________________

“DEVELOPER”

PRIMESTOR LYNWOOD TRIANGLE, LLC,
a Delaware limited liability company

By: ________________________
Name: _____________________
Title: _______________________

325
Exhibit A
(Legal Description)

EXHIBIT A
To the DDA

LEGAL DESCRIPTION
Parcel 1: APN 6169-001-900
That portion of Lot A of Tract No. 6066, in the City of Lynwood, County of Los Angeles, State of California, as per Map recorded in Book 64, Page 24 of Maps, in the Office of the Registrar- Recorder/County Clerk of said County and that portion of Lot 2 of the J. J. Bullis 76.11 Acres Lot in the Rancho San Antonio, as per Map recorded in Book 55, Page 28 of Miscellaneous Records in said Office, as acquired by the State of California by Deed (Slate Parcel 58166), recorded January 22, 1971, in Book D4950, Page 427 of Official Records, in said Office, described as follows:

Beginning at a point in the Northeasterly line of said Lot A, distant thereon 795.35 feet Southeasterly from the Northwest corner of said Lot A, said point lying in the center line of Santa Fe Avenue, 100.00 feet wide, said centerline is shown on County Surveyors Map No. 8974, sheet 2; thence along said Northeasterly line S 62° 28’ 16 ”E., 525.15 feet to a non-tangent curve concave Northerly and having a radius of 750.00 feet: Thence Westerly along said curve, from a tangent which bears S. 78° 04’ 44" W., through an angle of 17°44’05", an arc distance of 232.15 feet, thence tangent to said curve N. 84° 11’ 25” W., 15.82 feet to a tangent curve concave Southerly and having a radius of 3,694.00 feet; thence Westerly along said curve through an angle of 3° 37’ 35", an arc distance of 233.80 feet to a non-tangent curve concave Easterly and having a radius of 450.00 feet, thence Northerly along said curve, from a tangent which bears N. 09°53' 53" E. through an angle of 2° 13' 17", an arc distance of 17.45 feet to the Southerly line of said Lot A; thence along said Southerly line N. 84° 56’ 06” W. 1.00 feet, thence N. 0° 30’14” E., 184.98 feet to said centerline, thence along said centerline N. 16°14’ 44" E., 36.39 feet to the point of beginning.

Subject to the exception therefrom, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known that may be within or under the herein conveyed Parcel of land, and the rights thereto, together with certain other conditions, as excepted in Deed (Slate Parcel 58166), recorded January 22, 1971 in Book D4950, Page 427, of Official Records in said Office.

Parcel 2: APN 6169-002-904 and 6169-002-905 (New APN 6169-002-911 and 6169-002-912) That portion of the Rancho San Antonio, in the City of Lynwood, County of Los Angeles, State of California as per Map filed in Book 1, Page 389 of Patents, in the Office of the County Recorder of said County, described in the Deed to Alexander Gunn recorded in Book 1619, Page 245 of Deeds, Official Records in said Office, included within the 100 foot wide strip of land, described in the Deed to the Los Angeles Inter-Urban Railway Company recorded on December 23, 1905 in Book 2531, Page 156 of said Deeds, bounded as follows:
326
Exhibit A
(Legal Description)

Bounded Northwesterly by a line having a bearing and distance of South 27°31’35” West, 100.00 feet that passes through a point in the Northeasterly line of said 100 foot strip of land and is at right angles to said Northeasterly line, distant along said Northeasterly line South 62°28’25” East, 201.37 feet from the intersection of the Westerly line of the Easterly roadway of Alameda Street, 40 feet wide, as it was dedicated as an easement for highway purposes to the City of Lynwood, recorded October 25, 1955 as Instrument No. 2876 in Book 49328, Page 414 of said Official Records with said Northeasterly line, bounded generally Southeasterly by the following described line:

Beginning at a point in said Northeasterly line, distant along said Northeasterly line South 62°28’25” East, 1539.40 feet from above mentioned intersection; thence South 27°30’40” West,

10.02 feet to a nontangent curve, concave Westerly and having a radius of 25.00 feet; thence from a tangent which bears South 62°29’20” East, Southerly along said curve through an angle of 130°51’37”, an arc distance of 57.10 feet to a compound curve, concave Northerly and having a radius of 750.00 feet; thence Westerly along last said curve, through an angle of 05°06’54”, an arc distance of 66.96 feet to the Southwesterly line of said 100 foot strip of land.

Excepting therefrom that portion of the above described Parcel of land included within the lines of segment 2 of State Highway Relinquishment No. 1147A recorded January 6, 1995 as Instrument No. 95-21618 of said Official Records and as shown on Map recorded in Book 19,