Agenda, second session — Lynwood City Council, November 18, 2025

1. CALL TO ORDER

2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK

3. ROLL CALL OF COUNCIL MEMBERS

4. PLEDGE OF ALLEGIANCE

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

Procedures for Addressing the Council

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

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

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

AGENDA
City Council Regular Meeting

TO BE HELD ON
November 18, 2025
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 OR WEB STREAM FOR VIEWING ONLY VIA ZOOM - MEETING ID: 864 5472 5492
Duly Posted on 11/13/25 By MQ
6:00 PM

Roberto Lamas, Kid Mayor
Rita Soto, Mayor
Gabriela Camacho, Mayor Pro Tem
Lorraine Avila Moore, Council Member
Luis Gerardo Cuellar, Council Member
Juan Munoz-Guevara, Council Member
City Council Regular Meeting 1

6. PRESENTATIONS/PROCLAMATIONS

7. PUBLIC HEARING

7.1 PUBLIC HEARING TO ADOPY

LEVY ON THE PARKING AND BUSINESS IMPROVEMENT
DISTRICT (PBID) ANNUAL ASSESSMENT FOR FISCAL YEAR 2025-26 AND 2026-27 Update on Law Enforcement Issues
December Hometown Star
Veteran Recognition

PUBLIC ORAL COMMUNICATIONS

(Regarding Agenda Items Only)

NON-AGENDA PUBLIC ORAL COMMUNICATIONS

THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE

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

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

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

Comments:

On October 21, 2025, staff presented the proposed Annual Spending plan for the proposed PBID FY2025-26 and FY2026-27 and requested Council to set the date for the Public hearing for the consideration of approving the PBID annual assessment. Council set November 18, 2025, as the Public hearing date and will take public comments prior to final action assessing the PBIB per resolution.

On November 27, 1985, Lynwood Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood business community. (CD) Recommendation:

Conduct a public Hearing, receive public testimony, and after discussion, vote to adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE

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

ADOPTING THE RESOLUTION OF THE PARKING AND BUSINESS IMPROVEMENT

DISTRICT (PBID) ADVISORY BOARD'S RECOMMENDATION OF SETTING THE

ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PBID FOR FISCAL YEARS 2025-26 AND 2026-27, FOR THE LEVY OF THE ASSESSMENT PURSUANT TO THE APPROVED REPORT."
City Council Regular Meeting 2

8. CONSENT CALENDAR

8.1 APPROVAL OF THE WARRANT REGISTER

8.2 PROPOSED CANCELLATION OF DECEMBER 16, 2025 CITY COUNCIL MEETING

8.3 APPROVAL OF THE CITY OF LYNWOOD HOME-ARP TENANT-BASED RENTAL

ASSISTANCE (TBRA) GUIDELINES

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 18,2025 for FY 2025-2026. (FIN) Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated November 18,2025 for FY 2025-2026

Comments:

City Council to discuss and consider canceling the December 16, 2025 council meeting. (CM)
Recommendation:

Staff recommends that the City Council of the City of Lynwood cancel the regular City Council meeting scheduled for December 16, 2025, in place of canceling the first regular meeting of January 6,2026, as previously approved by the City Council.

Comments:

On March 21, 2023, the City Council approved the HOME-ARP Allocation Plan. The City was allocated $1,967,319 in HOME-ARP funds.

To be compliant with the established
eligible activities and the qualifying population, the Tenant-Based Rental Assistance Program (TBRA) Guidelines have been developed in accordance with HUD and HOME regulations, including how the funds will be used to address the needs of qualifying populations. (CD)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CITY OF LYNWOOD HOME-ARP TBRA PROGRAM GUIDELINES”.

City Council Regular Meeting 3

8.4 SALE OF CITY SURPLUS VEHICLES AND EQUIPMENT

9. NEW/OLD BUSINESS

9.1 CONFIRMATION OF THE

ESTABLISHMENT OF A CITY COUNCIL DISCRETIONARY

FUND AND APPROVAL OF A CONTINUED CORRESPONDING ANNUAL

APPROPRIATION TO BE UTILIZED BY THE CITY COUNCL FOR A PUBLIC BENEFIT

Comments:

The City has identified 13 vehicles and 1 machinery equipment as no longer operational.

The items are obsolete and have passed their serviceable life. Staff is recommending that the items be declared obsolete and auctioned off through GovDeals. (PW) Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING

CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND

AUTHORIZING STAFF TO DISPOSE OF SURPLUS PROPERTY THROUGH PUBLIC AUCTION SITE GOVDEALS.”

Comments:

A recent review of the November 7, 2023 staff report and supporting resolution shows that an ambiguity exists related to whether the discretionary funds were intended to be made available to each Councilmember annually or bi-annually. The staff report and resolution provide that the funds supporting the Discretionary Fund were to be allocated bi-annually as part of the City’s budget process. However, City staff believes that although the funding for the Discretionary Fund is approved by the City Council bi-annually via the budget approval process, the discretionary funds were intended to be provided to each Councilmember annually.

To that end, City staff requests that the City Council confirm that its intent was to provide each Councilmember with $5,000 in discretionary funds to support the respective Councilmembers’ efforts to meet their public service duties in a focused and streamlined manner. (CM)
Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONFIRMING

THE ESTABLISHMENT OF A CITY COUNCIL DISCRETIONARY FUND AND AUTHORIZING A COTINUED ANNUAL APPROPRIATION OF $5,000 PER COUNCILMEMBER"
City Council Regular Meeting 4

9.2 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

THE CONSERVATION CORPS OF LONG BEACH (CCLB)

9.3 APPROVE

DMC ENGINEERING

PROVIDE SUPPORT SERVICES

FOR FISCAL
YEAR 2025-2026 WATER & SEWER CAPITAL IMPROVEMENT PROJECT (CIP) PROGRAM.

9.4 APPROVAL OF BUDGET TRANSFER IN THE AMOUNT OF $89,534 FROM THE LYNWOOD PARK MEGA PLAYGROUND PROJECT (CIP No. 4011.68.109) TO THE

HYDROSEEDING TURF PROJECT AT LYNWOOD CITY PARK

Comments:

Staff is requesting that the City Council approve a second amendment to the professional services agreement with Conservation Corps of Long Beach to perform cleanup services through June 30, 2026. (CM)
Recommendation:

Staff recommends that the City Council of the City of Lynwood approve a resolution approving the Second Amendment to the Professional Services Agreement with the Conservation Corps of Long Beach (CCLB) to -

1 .

Extend the term of the agreement through June 30, 2026; and 2 .

Appropriate $75,000 to fund cleanup services under the amended agreement.

Comments:

Staff requested DMc Engineering, as part of its Annual On-Call Utilities Services contract, to provide engineering and project management support services during the implementation of the City’s FY26 Water and Sewer Capital Improvement Project program. (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

DMC ENGINEERING

INC
,
TO PROVIDE SUPPORT SERVICES FOR THE FY 2025-26

WATER & SEWER CAPITAL IMPROVEMENT PROJECT (CIP) PROGRAM FOR A NOT- TO-EXCEED AMOUNT OF $112,000.00.”

Comments:

The soccer fields at Lynwood City Park serve a vital role in the City's recreational programming and youth sports activities. The deteriorating turf conditions impact both playability and safety, making the repairs a priority for maintaining quality facilities for City Council Regular Meeting 5

9.5 CORRECTION TO

CONTRACT AMOUNT AWARDED TO VICON ENTERPRISE AND

TRANSFER OF FUNDS FOR THE INSTALLATION OF PIPING AND SITE IMPROVEMENTS FOR WELL 8 PROJECT, CIP NO. 4011.68.067.

9.6 REJECTION OF BIDS FOR THE 3-YEAR CONTRACT FOR UTILITY SUPPORT AND MANAGEMENT SERVICES FOR THE CITY’S PUBLIC WORKS DEPARTMENT residents and program participants. Staff is recommending a reallocation of funds from the Lynwood Park Mega Playground project to the Hydroseeding Turf Project at Lynwood City Park. (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 A BUDGET AMENDMENT TO REALLOCATE $89,534 IN LEASE REVENUE BOND FUNDS (9055) FROM THE LYNWOOD PARK MEGA PLAYGROUND PROJECT (CIP No. 4011.68.109) TO THE HYDROSEEDING TURF PROJECT AT LYNWOOD CITY PARK."

Comments:

A contract was awarded to Vicon Enterprises for the installation of piping and site improvements for the Well 8 project (CIP No. 4011.68.067) at the 6/17/25 City Council meeting.

The staff report included a bid summary that showed the project award bid amount of $1,032,750. After the award of contract, staff discovered an error in the quantities on the Bid Summary presented at Council, which changed the overall contract amount for the project and Vicon was still the lowest responsible bidder. The Contractor’s bid amount was $1,065,000 from Vicon Enterprises. Staff are requesting that the project contact amount and related costs be adjusted as shown below. (PW) Recommendation:

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

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO CORRECT THE

CONTRACT AWARD AMOUNT OF $1,065,000 TO VICON ENTERPRISE FOR THE INSTALLATION OF PIPING AND SITE IMPROVEMENTS FOR WELL 8 PROJECT, CIP NO. 4011.68.067."

Comments:

In May 2024, the City received four (4) proposals for utility support and management City Council Regular Meeting 6

9.7 APPROVAL OF THE PROJECT SPECIFICATIONS AND AUTHORIZATION TO

ADVERTISE THE NOTICE INVITING BIDS (NIB) FOR THE LYNWOOD NATATORIUM POOL RESURFACING PROJECT (CIP PROJECT NO. 4011.68.113)

9.8 APPROVAL OF A ONE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH

NORTH STAR LAND CARE FOR TREE TRIMMING, MAINTENANCE, AND INSPECTION SERVICES.
services. In October 2024, Staff recommended to award a 3-year contract to one of the proposing firms, however, a bid protest was filed with the City, and this item was tabled until a bid protest investigation was completed. The bid protest investigation was completed in August 2025. Due the length of time that has pasted from the solicitation of RFPs, staff recommend rejecting all 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 REJECTING

ALL BIDS FOR UTILITY SUPPORT AND MANAGEMENT SERVICES FOR THE PUBLIC

WORKS DEPARTMENT
"

Comments:

The Lynwood Natatorium is a public swimming facility that is part of the City’s recreational amenities, offering a swimming pool for public use, swim lessons, aquatic fitness programs, and other community activities. It serves as an important resource for residents and visitors interested in aquatic sports and fitness. The proposed project consists primarily of pool resurfacing and related improvements to enhance safety, extend the facility’s useful life, and improve overall functionality. Staff has prepared the project specifications and contract documents to advertise the Notice Inviting Bids (NIB). (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

THE PROJECT SPECIFICATIONS, AND AUTHORIZING THE ADVERTISEMENT OF

THE NOTICE INVITING BIDS (NIB) FOR THE LYNWOOD NATATORIUM POOL RESURFACING PROJECT (CIP PROJECT NO. 4011.68.113)”

Comments:

The City relies on consistent tree trimming and maintenance services to ensure public safety, reduce fire risk, and protect City infrastructure. To maintain these essential services, staff recommends that the City Council authorize a new one-year Professional Services Agreement with North Star Land Care for tree trimming, maintenance, and City Council Regular Meeting 7

9.9 PROJECT ACCEPTANCE FOR THE NATATORIUM PAINT PROJECT, FY 2024-2025 (CIP PROJECT NO. 4011.68.113) – NOTICE OF COMPLETION

10. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

11. STAFF ORAL COMMENTS
inspection services. (PW)
Recommendation:

Staff recommends that the City Council adopt the following resolution entitled, “A

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

ONE-YEAR PROFFESIONAL SERVICES AGREEMENT WITH NORTH STAR LAND CARE FOR TREE TRIMMING, MAINTENACE AND INSPECTION SERVICES."

Comments:

The Natatorium painting project is part of a larger renovation effort aimed at enhancing the facility for the benefit of the community.

The scope of work included cleaning and power-washing the existing paint, installing primer, and repainting the natatorium building to the city's desired color scheme. Work has been completed, and the project is now ready for acceptance. (PW) Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE NATATORIUM PAINT PROJECT, FY 2024-2025 (CIP PROJECT NO. 4011.68.113) 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.”
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

ADJOURNMENT

THE NEXT REGULAR MEETING WILL BE HELD ON DECEMBER 2, 2025 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 8

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Wayne M. Morrell, Interim Community Development Director SUBJECT:

PUBLIC HEARING TO ADOPY

LEVY ON THE PARKING AND BUSINESS

IMPROVEMENT DISTRICT (PBID) ANNUAL ASSESSMENT FOR FISCAL YEAR 2025-26 AND 2026-27
Agenda Item # 7.1.

Recommendation:

Conduct a public Hearing, receive public testimony, and after discussion, vote to adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

RESOLUTION OF THE PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID)

ADVISORY BOARD'S RECOMMENDATION OF SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PBID FOR FISCAL YEARS 2025-26 AND 2026-27, FOR THE LEVY OF THE ASSESSMENT PURSUANT TO THE APPROVED REPORT." Background:

Pursuant to Section 36500, et. sec. of the Streets and Highway Code of the State of California, on November 27, 1985, Lynwood Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City.

The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood business community. Section 3 of the Ordinance identifies the PBID Area as all the territory within the boundaries of the City of Lynwood and Section 4(a) of the Ordinance established the system of charge and the method each business is assessed.

The mandated levy imposes an additional 50% fee of the business license tax to all businesses located within the PBID area, which is assessed each year at the same time as the business license renewal, which takes place each December.

City Council City Council Regular Meeting 9

On September 10, 2025, the Community Development staff met with the Finance Committee and presented the PBID assessment, improvement plans and described the next steps in the approval process. The Finance Committee received the information and agreed to the next steps. The proposed use of these funds was submitted, on October 14, 2025, to the PBID Advisory Board (also known as the Planning Commission). The PBID Advisory Board approved the report for the expenditure of the PBID funds for the fiscal years of 2025-26 and 2026-27, having determined that the use is beneficial to the business community.

On October 21, 2025, the City Council approved the PBID report and resolution for use of funds having concurred with the PBID Board that the use is beneficial for the business community. Once the Council adopts the report on the use of funds, the Council must set a public hearing to allow for any public comment and protests, whether oral or verbal, concerning the intended use of funds.

As a result, the City Council set the date of the public hearing for November 18, 2025, at 6:00 p.m. in the Council Chambers to allow for any public comments and protest, whether oral or verbal concerning the intended use of funds. At the close of the public hearing, unless protests are submitted that collectively represent 50% or more of the proposed annual assessment amount to be imposed, the Council may adopt a resolution to levy the annual assessment.

On November 10, 2025, pursuant to section 36534(b) of the CSHC, the City fulfilled its requirement of publishing the Resolution of Intention once in a newspaper of general circulation not less than seven (7) days before the public hearing.

Discussion and Analysis:

PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The City expects to receive approximately
$128,000 in assessment funds by the end of the current fiscal year (FY 2025- 2026). When combined with FY 2024-25 carryover funds (estimated at $119,000), the City anticipates having approximately $247,000 in PBID funds available for FY 2025-26. The amounts stated in this report are estimates and the cost may be more or less than anticipated.

Economic Development Initiative

The PBID is in furtherance of the Economic Development Incentive which focuses on the attraction of consumers, support and retention of businesses, and attraction of new businesses through beautification and promotion of Lynwood. It strives to address business related issues that may arise throughout the year and provide opportunity for the City to advocate for business growth and expansion of the City’s commercial stock. This effort will City Council City Council Regular Meeting 10
also provide funds to enhance infrastructure aesthetics to promote commerce and consumer activity in the City’s business district. The following itemized list of activities is designed to improve the aesthetics of the City's business community and assist in the promotion of commerce in Lynwood. All aspects of these activities are for the benefit and general welfare of Lynwood businesses both year-round and in specific seasons where regular consumer activity tend to rise.

The following is a summary of the FY 2025-26 and FY2026-27 PBID spending plans, which includes the proposed activities and budget for each item.

PBID Spending Plan-FY 2025-26

Description
Amount
1 Seasonal decorations to enhance business district during holidays $13,000
2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.
$30,000
3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.
$140,000
4 Printing supplies for the advertisement of meetings and events. $5,000
5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses.
$15,000

TOTAL
$245,000

PBID Spending Plan-FY 2025-26

Description
Amount
1 Seasonal decorations to enhance business district during holidays $13,000
2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.
$30,000
3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.
$180,000
4 Printing supplies for the advertisement of meetings and events. $5,000
5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses.
$17,000

TOTAL
$245,000
Fiscal Impact:

There are no fiscal impacts to the General Fund. The PBID budget is derived from PBID City Council City Council Regular Meeting 11
EXHIBIT A City Council Mtgn Nov 18, 2025.docx
November 18.2025 CC Mtgn Notice of PublicHearing.Resolution of Intention.docx Resolution - PBID 2025-2026_City_Council_Mtgn_Nov_18__2025.docx revenue assessments. The annual PBID assessment is billed through the Business License System, with annual renewals mailed out in December of each year.

Coordinated With:

City Manager's Office
Finance and Administrative Services Department
Public Works Department
ATTACHMENTS:

Description
City Council City Council Regular Meeting 12

EXHIBIT A

PBID SPENDING PLAN AND USE OF FUNDS REPORT
for
FISCAL YEARS 2025-26 AND 2026-27
Summary
On November 27, 1985, Lynwood Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood business community.

Section 3 of the Ordinance identifies the PBID Area as all of the territory within the boundaries of the City of Lynwood and Section 4(a) of the Ordinance established the system of charge and the method each business is assessed. The mandated levy imposes an additional 50% fee of the business license tax to all businesses located within the PBID area, which is assessed each year at the same time as the business license renewal, which takes place each December.

PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The City expects to receive approximately $128,000 in assessment funds by the end of the current fiscal year (FY 2025-26). When combined with FY2024/2025 carryover funds (e stimated at $119,000), the City anticipates having approximately $247,000 in PBID funds available for FY 2025-

26. Levy of Assessments
The levy of assessments imposing an additional 50% fee of the business license tax to all businesses located within the PBID area will continue in Fiscal Years 2025-26 and 2026-

27. PBID Spending Plan
Below is a summary of the FY25 and FY26 PBID spending plans, which includes the proposed activities and budget for each item.

13 PBID Spending Plan- FY 2025/26
Description Amount
1 Seasonal decorations to enhance business district during holidays $10,000 2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.

$30,000

3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.

$140,000
4 Printing supplies for the advertisement of meetings and events. $5,000 5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses.

$15,300
TOTAL $200,000

PBID Spending Plan- FY 2026/27
Description Amount
1 Seasonal decorations to enhance business district during holidays $13,000 2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.

$30,000

3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.

$180,000
4 Printing supplies for the advertisement of meetings and events. $5,000 5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses.

$17,300
TOTAL $245,300

14 Lynwood City Council

NOTICE OF PUBLIC HEARING

NOTICE OF A PUBLIC HEARING -BY THE CITY COUNCIL OF THE CITY OF LYNWOOD

PURSUANT TO THE APPROVED REPORT FOR THE LEVY OF THE ASESSMENT AGAINST

BUSINESS ENTERPRISES IN THE PARKING AND BUSINESSES IMPROVEMENT DISTRICT (PBID) FOR FISCAL YEARS 2025-26 AND 2026-27

NOTICE IS HEREBY GIVEN that on November 18, 2025 at 6:00 p.m ., or soon thereafter as the matter may be heard, the City of Lynwood, (“City”) will conduct a Public Hearing pursuant to California Street and Highway Code (CSHC) Sections 36524 and 36525 in the Council Chamber, City Hall, 11350 Bullis Road, Lynwood, CA 90262, on the levy of assessment against business enterprises in the PBID for fiscal years 2025-26 and 2026-27.

Web Stream for Viewing Only Via Zoom – Meeting ID: 864 5472 5292

The PBID Resolution of Intent is provided herein Pursuant to Section 36534(b) of the CSHC, which states, “The City Clerk shall give notice of the public hearing by causing the resolution of intention to be published o nce in a newspaper of general circulation in the city not less than seven (7) days before the public hearing”.

RESOLUTION NO. 2025.110

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

LOS ANGELES, STATE OF CALIFORNIA APPROVING THE REPORT OF THE

PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ADVISORY BOARD

SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PBID FOR FISCAL YEARS 2025 -26 AND 2026-27, APPROVING THE PBID SPENDING PLANS FOR FISCAL YEARS 2025-26 AND 2026-27, AND FIXING THE TIME AND PLACE FOR

THE PUBLIC HEARING FOR THE LEVY OF THE ASSESSMENT
WHEREAS, pursuant to Section 36500, et. sec. of the Streets and Highway Code of the State of California (CSHC) , on November 27 , 1985, Ordinance No . 1262 was adopted into law establishing the Parking and Business Improvement District (PBID); and WHEREAS, PBID assessments are levied as a fair and equitable way to provide funds to maintain operate and improve business areas in the City; and

WHEREAS, Section 3 of Ordinance No. 1262 identifies the PBID area as all of the territory within the exterior boundaries of the City of Lynwood; and

WHEREAS, Section 4a of Ordinance No. 1262 established the system of charge and the method each business would be assessed annually and is based on 50% of the business license tax to all business located within the PBID area; and 15 WHEREAS, the proposed PBID Spending Plan and use of funds in Fiscal Year 2025-26 and 2026 -27 Report ("Report") was submitted and approved by the PBID Advisory Board on October 14, 2025, after having determined that the use of funds would be beneficial to the business community; and
WHEREAS, the Report has the full detailed description of the improvements and activities to be provided and identifies the proposed levy on the businesses within the PBID area for Fiscal Years 2025-26 and 2026-27; and

WHEREAS, it is the desire of the City of Lynwood City Council to adopt the Report, as approved by the PBID Advisory Board, and schedule a public hearing to allow for any public comment and protests, whether oral or verbal, concerning the intended use of funds pursuant to Sections 36524 and 36525 of the CSHC; and

WHEREAS, at the closing of the public hearing, unless protests are received that collectively represent 50 % or more of the proposed annual assessment amount , the Council may adopt a resolution to levy the annual assessment and approve the Report outlining the PBID Spending Plans for Fiscal Years 2025-26 and 2026-27; and

WHEREAS, the City Council wishes to set the public hearing to take place Tuesday, November 18, 2025, at a regularly scheduled City Council meeting, beginning at 6:00 p.m., in the Council Chambers.

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

Sectjon 1. The City Council hereby adopts the Report, as approved by the PBID Advisory Board, for the levy of assessments within the PBID area for the Fiscal Years 2025-26 and 2026-27 as mandated in Ordinance No. 1262 Section 4a.

Sectjon 2 . The City Council hereby sets a public hearing to take place on Tuesday, November 18, 2025, at a regularly scheduled City Council meeting beginning at 6:00 p.m. in the Council Chambers at Lynwood City Hall Annex to consider approval of the Report that outlines the PBID Spending Plans for Fiscal Years 2025 -26 and 2026- 27 and use of the PBID funds for an Economic Development Initiative, which includes:
seasonal decorations , marketing and promotional strategies, sidewalk cleaning, graffiti removal, street sweeping, etc., as described in Exhibit A to this resolution.

Sectjon 3, The City Council hereby directs the Finance and Administration Services Department to include the PBID Spending Plans for FY 2025-26 and 2026- 27 in the FY 2025-26/2026-27, and the Operating Budget to reflect the proposed $200,300 and $245,300 budgets, respectively.

Sectjon 4. A copy of the Report is on file and available to public examination with the City Clerk's Office.

Sectjon 5, The City Manager , or her designee , is hereby authorized to sign all documents necessary and appropriate to carry out and implement said improvements and activities on the behalf of the City.
16 Sectjon 6, The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this 21st day of October 2025.

An executed copy of the resolution will be available for public inspection on November 14, 2025 in the City Clerk’s office located at 11330 Bullis Road, Lynwood, California during the hours of 7:00 a.m. to 6:00 p.m. Monday through Thursday. It will also be available on the City’s website at the following link: https://www.lynwoodca.gov/129/Agendas-Minutes

Dated: November 5, 2025
Publish November 10, 2025
17 RESOLUTION NO.

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING THE

REPORT OF THE PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ADVISORY BOARD SETTING THE ASSESSMENT AGAINST
BUSINESS ENTERPRISES IN THE PBID FOR FISCAL YEARS 202 5-26 AND 2026-27, FOR THE LEVY OF THE ASSESSMENT

WHEREAS, pursuant to Section 36500, et. sec. of the Streets and Highway Code of the State of California (CSHC), on November 27, 1985, Ordinance No. 1262 was adopted into law establishing the Parking and Business Improvement District (PBID); and WHEREAS, PBID assessments are levied as a fair and equitable way to provide funds to maintain operate and improve business areas in the City; and WHEREAS, Section 3 of Ordinance No. 1262 identifies the PBID area as all of the territory within the exterior boundaries of the City of Lynwood; and WHEREAS, Section 4a of Ordinance No. 1262 established the system of charge and the method each business would be assessed annually and is based on 50% of the business license tax to all business located within the PBID area; and WHEREAS, the proposed PBID Spending Plan and use of funds for Fiscal Years FY2025-26 and FY2026-27 were submitted and approved by the PBID Advisory Board on October 14, 2025, after having determined that the use of funds would be beneficial to the business committee; and
WHEREAS, the Report has the full detailed description of the improvements and activities to be provided and identifies the proposed levy on the b usinesses within the PBID area for Fiscal Years 2025-26 and 2026-27; and
WHEREAS, on October 21, 2025, the City Council adopted the report for use of funds for Fiscal Years FY2025 -26 and FY2026 -27 and as required, approved the scheduling of a public hearin g to allow for any public comments and protests, whether oral or verbal, concerning the intended use of funds pursuant to Section 3654 and 36525 of the CSHC; and
WHEREAS, as a result, the City Council set the date of the public hearing for Tuesday November 18, 2025 at a regularly scheduled City Council meeting in the Council Chambers at Lynwood City Hall; and
WHEREAS, on November 10, 2025, pursuant to Section 36534(b) of the CSHC, the City fulfilled its requirement of publishing the Resolution of Intention once in a 18 newspaper of general circulation in the City not less than seven (7) days before the public hearing; and
WHEREAS, at the closing of the public hearing, unless protests are received that collectively represent 50% or more of the proposed annual assessment amount, the Council may adopt a resolution to levy the annual assessment and approve the Report outlining the PBID Spending Plans for Fiscal Years 2025-26 and 2026-27; and

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

Section 1 . The City Council hereby finds that the above recitals are true and correct.

Section 2. The City Council , after conducting a duly -noticed public hearing and considering all verbal and written evidence, hereby finds the proposed assessments, described in the report from the PBID Advisory Board ’s October 14, 2025 meeting, as described in Exhibit A to this reso lution and as approved at the October 21, 2025 City Council meeting, appropriate for the collection and expenditure of the PBID funds for Fiscal Years 2025-2026 and 2026-2027 Spending Plans, having determined that the use is beneficial to the business comm unity. As such, the City Council hereby adopts the resolution for the levy of assessments within the PBID area for Fiscal Years 2025 -2026 and 2026-2027, as mandated in Ordinance 1262 sec. 4a.

Section 3 . The City Council hereby directs the Finance and Admi nistration Services Department to include the PBID Spending Plans for FY 2025-26 and 2026-27 in the FY 202 5-26/2026-27 Operating Budget to reflect the proposed $ 200,000 and $245,300 budgets, respectively.

Section 4 . The improvement and activities funded by the assessments shall include the following:

PBID Spending Plan - FY 2025-26
Description Amount
1 Seasonal decorations to enhance business district during holidays $10,000

2 Marketing and promotion strategies, advertisement materials, hold business mixers, small business workshops and special events for businesses, including attendance at trade shows that showcase, promote and attract Lynwood new businesses.

$30,000

3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.

$140,000
4 Printing supplies for the advertisement of meetings and events. $5,000 19 5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses. $15,300
TOTAL $200,000

PBID Spending Plan - FY 2026-27
Description Amount
1 Seasonal decorations to enhance business district during holidays $13,000

$30,000

3 Supplemental maintenance and abatement services to maintain the cleanliness of the business streets, structures and sidewalks in the business districts.

$180,000
4 Printing supplies for the advertisement of meetings and events. $5,000 5 Contingency funding set aside to cover possible urgent needs and/or unforeseen expenses. $17,3000
TOTAL $245,300

Section 5 . The City Manager, or designee, is hereby authorized to sign all documents necessary and appropriate to carry out the intent of the adopted PBID resolution on the behalf of the City.

Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)

20 PASSED, APPROVED and ADOPTED this __day of _____2025.

Rita Soto, Mayor

ATTEST:

Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AS TO CONTENT

Noel Tapia, City Attorney Gabriel A. Gonzalez, Interim City Manager

21 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 ___day of ______2025, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this _____day of _____2025.

Maria Quinonez, City Clerk
22 23

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

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

APPROVAL OF THE WARRANT REGISTER
11-18-2025-CITY COUNCIL- WARRANT
RESOLUTION TEMPLATE-2025.docx
11-18-2025-WARRANT RUN.pdf
Agenda Item # 8.1.

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated November 18,2025 for FY 2025-2026 Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2025-2026
Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 24
RESOLUTION NO. 2025.xxx

Warrant Registers Dated 11-18-2025

PASSED, APPROVED and ADOPTED this 18th day of November 2025.

Rita Soto, Mayor

ATTEST:

__________________________
Maria Quiňonez, Gabriel A. Gonzalez,
City Clerk Interim City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

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

25 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 18th day of November 2025.

AYES: COUNCIL MEMBERS CUELLAR, AVILA-MOORE, MUNOZ-GUEVARA,

MAYOR PRO TEM CAMACHO AND MAYOR SOTO

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. 2025.xxx on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18th day of November 2025.

__________________________ Date: _________________________ Maria Quiňonez,
City Clerk

26 apCkHist Void Check Listing Page:1
11/06/2025 3:06PM City of Lynwood
Bank code: c-ap01
Void Check# Date Vendor ClearNoid Date Invoice Inv. Date Amount Paid Check Total 301767 10/21/2025 014330 AZTECA PARTY RENTAL, 11/05/2025 REISSUED-302010 10/31/2025 3,696.75 3,696.75 301900 11/04/2025 010746 ALVAREZ-GLASMAN & 11/04/2025 REISSUED-301987 09/30/2025 15,134.00 11/04/2025 2025-06-21480-CO 09/30/2025 7,191.00
11/04/2025 2025-05-21454-R2B-1 09/16/2025 997.50
11/04/2025 2025-06-21480-CL 09/30/2025 769.50
11/04/2025 2025-06-21482-PER 09/30/2025 662.50
11/04/2025 2025-05-21450-PW-1 09/16/2025 517.00
11/04/2025 PW-2 09/30/2025 470.00
11/04/2025 2025-06-21480-HR 09/30/2025 70.50
11/04/2025 2025-06-21485-R2 B-2 09/30/2025 53.00
11/04/2025 2025-06-21482-SA 09/30/2025 53.00 25,918.00
301901 11/04/2025 013738 AMAZON CAPITAL 11/04/2025 REISSUED-301988 10/08/2025 139.52 11/04/2025 1KF1-TQPY-HVHP 10/17/2025 136.22
11/04/2025 141 P-MMFJ-C61Q 10/15/2025 45.25 320.99
301903 11/04/2025 004285 AVANT GARDE, INC. 11/04/2025 REISSUED-301989 10/09/2025 9,025.00 11/04/2025 12255-3 10/09/2025 8,802.50
11/04/2025 12255-5 10/09/2025 5,890.00
11/04/2025 12286-2 10/14/2025 3,515.00
11/04/2025 12255-2 10/09/2025 3,352.50
11/04/2025 12255 10/09/2025 3,345.00
11/04/2025 12286-1 10/14/2025 3,088.75
11/04/2025 12287 10/14/2025 2,918.00
11/04/2025 12255-4 10/09/2025 2,880.00
11/04/2025 12256 10/09/2025 2,868.75
11/04/2025 12291 10/14/2025 2,576.70
11/04/2025 12286-4 10/14/2025 2,533.75
11/04/2025 12286 10/14/2025 2,442.50
11/04/2025 12286-5 10/14/2025 2,035.00
11/04/2025 12258 10/09/2025 1,800.00
11/04/2025 12259 10/09/2025 1,690.20
11/04/2025 12290 10/13/2025 1,690.20
Page: 1
27 apCkHist
11/06/2025 3:06PM
Bank code: c-ap01
Void Check# Date Vendor
301933
301939
301943
11/04/2025 001510 GRAINGER, INC.
11/04/2025 002761 MARCO POWER
11/04/2025 012270 MUNIENVIRONMENTAL,
7 checks in this report
Void Check Listing
City of Lynwood
ClearNoid Date Invoice
11/04/2025 12288
11/04/2025 12255-6
11/04/2025 12256-1
11/04/2025 12261
11/04/2025 12260
11/04/2025 12255-7
11/04/2025 12286-3
11/04/2025 12257
11/04/2025 12255-1
11/04/2025 12289
11/04/2025 REISSUED-301990
11/04/2025 9681942695
11/04/2025 9645495731
11/04/2025 REISSUED-301991
11/04/2025 REISSUED-301992
Page:2
Inv. Date Amount Paid Check Total
10/14/2025 1,181.25
10/09/2025 1,045.00
10/09/2025 918.75
10/09/2025 867.00
10/09/2025 858.90
10/09/2025 742.50
10/14/2025 742.50
08/20/2025 458.50
10/09/2025 405.00
10/14/2025 213.75 67,887.00
10/01/2025 478.66
11/19/2025 219.36
09/18/2025 160.37 858.39
10/16/2025 7.92 7.92
10/20/2025 21,310.04 21,310.04
c-ap01 Total: 119,999.09
Total Checks: 119,999.09
Page:2
28 vchlist Prepaid-Check List Page: 3
11/04/2025 4:25:57PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount --
301981 10/27/2025 006399 AT&T 000024103148 TELEPHONE SERVICES 1,244.84 000024152353 TELEPHONE SERVICES 777.02
000024153566 TELEPHONE SERVICES 196.47
000024192390 TELEPHONE SERVICES 29.59
Total: 2,247.92
301982 10/27/2025 006399 AT&T 333404869-100825 INTERNET FEES 240.75 Total: 240.75
301983 10/27/2025 014471 CITY OF BELL 25-1016 FEES FOR SERVICES 550.00 Total: 550.00
301984 10/27/2025 014026 IBE DIGITAL 485289 PRINTING SERVICES 1,182.59 Total: 1,182.59
301985 10/27/2025 014025 PARTY WHOLESALE USA LLC 53877495 EVENT SERVICE EXPENSE 707.33 Total: 707.33
301986 10/27/2025 000164 THE GAS CO. 000164-102725 GAS SERVICES 100.50 Total: 100.50
301987 11/4/2025 0107 46 AL VAREZ-GLASMAN & COL VIN 2025-05-21450-PW-1 01-001901 LEGAL SERVICES 517.00 2025-05-21454-R28-1 01-001901 LEGAL SERVICES 997.50
2025-06-21480-CL 01-001901 LEGAL SERVICES 769.50
2025-06-21480-CM 01-001901 LEGAL SERVICES 15,134.00
2025-06-21480-CO 01-001901 LEGAL SERVICES 7,191.00
2025-06-21480-HR 01-001901 LEGAL SERVICES 70.50
2025-06-21480-PW 01-001901 LEGAL SERVICES 470.00
2025-06-21482-PER 01-001901 LEGAL SERVICES 662.50
2025-06-21482-SA 01-001901 LEGAL SERVICES 53.00
2025-06-21485-R28-2 01-001901 LEGAL SERVICES 53.00
Total: 25,918.00
301988 11/4/2025 013738 AMAZON CAPITAL SERVICES INC 141 P-MMFJ-C61Q SUPPLIES EXPENSE 45.25 1KF1-TQPY-HVHP SUPPLIES EXPENSE 136.22
1 RM9-F377-DVWH SUPPLIES EXPENSE 139.52
Page: 3
29 vchlist
11/04/2025
Bank code:

Voucher
301988
301989
301990
4:25:57PM
c-ap01
Date Vendor
Prepaid-Check List
City of Lynwood
Invoice
11/4/2025 013738 013738 AMAZON CAPITAL SERVICES INC (Continued) 11/4/2025 004285 AVANT GARDE, INC. 12255
12255-1
12255-2
12255-3
12255-4
12255-5
12255-6
12255-7
12256
12256-1
12256-2
12256-3
12257
12258
12259
12260
12261
12286
12286-1
12286-2
12286-3
12286-4
12286-5
12287
12288
12289
12290
12291
11/4/2025 001510 GRAINGER, INC. 9645495731
9660021339
9681942695
Page: 4
PO# Description/Account Amount
Total: 320.99
06-010340 PROF & CONTRACTUAL SERVICES 3,345.00
06-009906 PROF & CONTRACTUAL SERVICES 405.00
06-009918 PROF & CONTRACTUAL SERVICES 3,352.50
06-010087 PROF & CONTRACTUAL SERVICES 8,802.50
06-010340 PROF & CONTRACTUAL SERVICES 2,880.00
06-010087 PROF & CONTRACTUAL SERVICES 5,890.00
06-009926 PROF & CONTRACTUAL SERVICES 1,045.00
06-010340 PROF & CONTRACTUAL SERVICES 742.50
06-010340 PROF & CONTRACTUAL SERVICES 2,868.75
06-009906 PROF & CONTRACTUAL SERVICES 918.75
06-010087 PROF & CONTRACTUAL SERVICES 9,025.00
06-010340 PROF & CONTRACTUAL SERVICES 450.00
06-010087 PROF & CONTRACTUAL SERVICES 458.50
06-010340 PROF & CONTRACTUAL SERVICES 1,800.00
06-010087 PROF & CONTRACTUAL SERVICES 1,690.20
06-010340 PROF & CONTRACTUAL SERVICES 858.90
06-010340 PROF & CONTRACTUAL SERVICES 867.00
06-010359 PROF & CONTRACTUAL SERVICES 2,442.50
06-010087 PROF & CONTRACTUAL SERVICES 3,088.75
06-010376 PROF & CONTRACTUAL SERVICES 3,515.00
06-010525 PROF & CONTRACTUAL SERVICES 742.50
06-010376 PROF & CONTRACTUAL SERVICES 2,533.75
06-010525 PROF & CONTRACTUAL SERVICES 2,035.00
06-010340 PROF & CONTRACTUAL SERVICES 2,918.00
06-010340 PROF & CONTRACTUAL SERVICES 1,181.25
06-008790 PROF & CONTRACTUAL SERVICES 213.75
06-010340 PROF & CONTRACTUAL SERVICES 1,690.20
06-010340 PROF & CONTRACTUAL SERVICES 2,576.70
Total: 68,337.00
11-002498 SUPPLIES EXPENSE 160.37
11-002498 SUPPLIES EXPENSE 478.66
06-010441 SUPPLIES EXPENSE 219.36
Total: 858.39
Page: 4
30 vchlist Prepaid-Check List Page: 5
11/04/2025 4:25:57PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 301991 11/4/2025 002761 MARCO POWER EQUIPMENT 41212730 06-010496 SUPPLIES EXPENSE 73.92 Total: 73.92
301992 11/4/2025 012270 MUNIENVIRONMENTAL, LLC 25-041 06-010454 PROF & CONTRACTUAL SERVICES 21,310.04 Total: 21,310.04
301993 11/3/2025 014834 APPLE COUTURE 014834-112125 SUPPLIES EXPENSE 800.00 Total: 800.00
301994 11/3/2025 014584 COVINGTON, BRENDA 7 11-002505 PLHA RENTAL ASSISTANCE 1,296.06 Total: 1,296.06
301995 11/3/2025 014615 GARCIA, JEFFREY 7 11-002507 PLHA RENTAL ASSISTANCE 1,753.00 Total: 1,753.00
301996 11/3/2025 014617 HERRERA, DORA A 7 11-002508 PLHA RENTAL ASSISTANCE 520.19 Total: 520.19
301997 11/3/2025 014689 KINPER LP 1-A 11-002509 PLHA RENTAL ASSISTANCE 1,026.07 Total: 1,026.07
301998 11/3/2025 014618 LEAL, IVONNE KARINA 7-A 11-002510 PLHA RENTAL ASSISTANCE 1,544.90 Total: 1,544.90
301999 11/3/2025 014613 MURILLO, NICK 7-1 11-002511 PLHA RENTAL ASSISTANCE 1,885.00 Total: 1,885.00
302000 11/3/2025 014719 QCP 166098-1 06-010545 PROF & CONTRACTUAL SERVICES 2,466.07 Total: 2,466.07
302001 11/3/2025 014614 RODRIGUEZ, MARY 7 11-002512 RENTAL ASSISTANCE PROGRAM 2,000.00 Total: 2,000.00
302002 11/3/2025 013067 SAAB, DENNIS G. 1-K 11-002513 PLHA RENTAL ASSISTANCE 1,052.73 Total: 1,052.73
302003 11/3/2025 007551 AFSCME DISTRICT COUNCIL 36 Ben174662 ASSOCIATION DUES: PAYMENT 2,209.36 Ben174976 ASSOCIATION DUES: PAYMENT 2,191.63
Page: 5
31 vchlist
11/0412025
Bank code:

Voucher
302003
302004
302005
302006
302007
302008
302009
4:25:57PM
c-ap01
Date Vendor
Prepaid-Check List
City of Lynwood
Invoice
11/3/2025 007551 007551 AFSCME DISTRICT COUNCIL 36 (Continued) 11/3/2025 013747 AMERIFLEX Ben174670
Ben174984
11/3/2025 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben174666 Ben174980
11/3/2025 005282 FRANCHISE TAX BOARD Ben175265
11/3/2025 013730 INSURANCE COMPANY, COLONIAL LIFE Ben174664 Ben174978
11/3/2025 013084 LE, JESSICA
11/3/2025 010048 LEGAL SHIELD
Ben175267
Ben174668
Ben174982
Page: 6
PO# Description/Account Amount
Total: 4,400.99
HEAL TH FSA PRE-TAX: PAYMENT 114.59
HEALTH FSA PRE-TAX: PAYMENT 83.34
Total: 197.93
MGMT. ASSOCIATION DUES: 232.00
MGMT. ASSOCIATION DUES: 232.00
Total: 464.00
FRANCHISE TAX BOARD: PAYMENT 1,050.18
Total: 1,050.18
ACCIDENT PRETAX: PAYMENT 1,665.32
ACCIDENT PRETAX: PAYMENT 1,592.77
Total: 3,258.09
JESSICA HERRERA: PAYMENT 293.00
Total: 293.00
LEGAL SHIELD: PAYMENT 49.84
LEGAL SHIELD: PAYMENT 49.84
Total: 99.68
Page: 6
32 vchlist
11/05/2025 10:25:15AM
Bank code : c-ap01
Voucher Date Vendor
302010 11/5/2025 014330 AZTECA PARTY RENTAL, INC
30 Vouchers for bank code : c-ap01
30 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
8D8398B7
PO# Description/Account
--------

EVENT SERVICE EXPENSE
Total:

Bank total :

Total vouchers :

Page: 7
Amount
3,696.75
3,696.75
149,652.07
149,652.07
Page: 7
33 vchlist Check List Page: 8
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302011 11/18/2025 001100 AEG SOLUTIONS 84099 06-010420 SUPPLIES EXPENSE 137.72 Total : 137.72
302012 11/18/2025 001994 ALIN'S PARTY SUPPLY CO. 751635 08-005419 EVENT SERVICE EXPENSE 1,588.49 Total : 1,588.49
302013 11/18/2025 007439 ALL CITY MANAGEMENT SVCS, INC. 104332 11-002460 PROF & CONTRACTUAL SERVICES 17,987.98 Total: 17,987.98
302014 11/18/2025 014588 ALVAREZ, JACQUELINE 014588-101625 COMMISSIONER'S STIPEND 50.00 Total: 50.00
302015 11/18/2025 010746 ALVAREZ-GLASMAN & COLVIN 2025-07-21541-CANNAB 01 -001878 LEGAL SERVICES 1,104.50 Total: 1,104.50
302016 11/18/2025 014844 AMARO, GONZALO 655134465 REFUND-PARKING CITATION 65.00 Total: 65.00
302017 11/18/2025 014846 ANDRADES, JOSE ADONAY 101124587 REFUND-PARKING CITATION 46.00 Total: 46.00
302018 11/18/2025 004285 AVANT GARDE, INC. 12245 01-001880 PROF & CONTRACTUAL SERVICES 3,980.00 12262 01-001880 PROF & CONTRACTUAL SERVICES 3,796.25
12303 06-010359 PROF & CONTRACTUAL SERVICES 1,250.00
Total: 9,026.25
302019 11/18/2025 001046 BAVCO 362439 06-010527 PROF & CONTRACTUAL SERVICES 1,506.20 Total: 1,506.20
302020 11/18/2025 000884 BLUE DIAMOND MATERIALS 4366315 06-010491 OPERATING SUPPLIES 499.28 Total: 499.28
302021 11/18/2025 005848 BOWMAN INFRASTRUCTURE ENG LTD 522606 06-010088 PROF & CONTRACTUAL SERVICES 5,525.00 522606-1 06-010329 PROF & CONTRACTUAL SERVICES 5,525.00 522606-2 06-010088 PROF & CONTRACTUAL SERVICES 5,525.00 522606-3 06-010329 PROF & CONTRACTUAL SERVICES 5,525.00 Page: 8
34 vchlist Check List Page: 9
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302021 11/18/2025 005848 005848 BOWMAN INFRASTRUCTURE ENG (Continued) Total: 22,100.00 302022 11/18/2025 014848 BROWN, TSAHANI RAY 677130058 REFUND-PARKING CITATION 160.00 Total: 160.00
302023 11/18/2025 000300 BUBBS HARDWARE 320 06-010425 MATERIALS AND SUPPLIES 25.87 325 06-010425 MATERIALS AND SUPPLIES 23.27
327 06-010425 MATERIALS AND SUPPLIES 126.30
Total: 175.44
302024 11/18/2025 014829 BYRD, LAWANA 003722-0010 REFUNDABLE DEPOSIT-BATEMAN 100.00 Total: 100.00
302025 11/18/2025 009302 CHESSER, CHRISTINE 009302-110125 EVENT SERVICE EXPENSE 425.00 009302-110225 EVENT SERVICE EXPENSE 375.00
Total: 800.00
302026 11/18/2025 001168 CINTAS CORPORATION NO. 2 5300793707 08-005388 FIRST AID CABINET 159.21 Total: 159.21
302027 11/18/2025 000702 CINTAS DOCUMENT MANAGEMENT 5300793702 06-010430 FIRST AID KIT MONTHLY SERVICES 330.83 Total: 330.83
302028 11/18/2025 004168 CINTAS FIRE PROTECTION 5300793708 FIRST AID CABINET MONTHLY 224.26 Total: 224.26
302029 11/18/2025 014849 CLAUDIA RAMIREZ, ARMANADO FELIX 700126619 REFUND-PARKING CITATION 99.00 Total: 99.00
302030 11/18/2025 014854 CONCEPCION, JOSE 555133514 REFUND-PARKING CITATION 99.00 Total: 99.00
302031 11/18/2025 014056 CONNER, MARY 003361-0067 REFUNDABLE DEPOSIT- BATEMAN 100.00 Total: 100.00
302032 11/18/2025 010754 COOL IMAGE WATER, DBA/ AMERICAN 2679 02-002708 DRINKING WATER SERVICES 16.50 Total: 16.50
Page: 9
35 vchlist Check List Page: 10
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302033 11/18/2025 010638 COURT OF CALIFORNIA, COUNTY OF LA September 2025 COUNTY FEES 21 ,397.75 Total: 21,397.75
302034 11/18/2025 013108 DEMETRIOU, DEL GUERCIO, 53747 FEES FOR SERVICES 474.00 Total : 474.00
302035 11/18/2025 014845 DOSTER, YADGAR 555134669 REFUND-PARKING CITATION 99.00 Total: 99.00
302036 11/18/2025 014802 ESTORES DIRECT LLC 12494 06-010555 EQUIPMENT AND SUPPLIES 990.85 Total: 990.85
302037 11/18/2025 009633 EVENT STEP AND REPEAT 21267 EVENT SERVICE EXPENSE 357.79 21287 EVENT SERVICE EXPENSE 48.73
Total: 406.52
302038 11/18/2025 001087 FANTASY FLOWERS AND GIFTS 319901 08-005411 EVENT SERVICE EXPENSE 332.25 319907 08-005411 EVENT SERVICE EXPENSE 596.16
319910 08-005411 EVENT SERVICE EXPENSE 44.30
319916 08-005411 EVENT SERVICE EXPENSE 188.28
319917 EVENT SERVICE EXPENSE 38.76
319923 01-001882 EVENT SERVICE EXPENSE 80.85
319928 08-005411 EVENT SERVICE EXPENSE 1,661.25
Total: 2,941.85
302039 11/18/2025 003334 FED EX 9-032-42157 06-010437 COURIER SERVICES 9.84 Total: 9.84
302040 11/18/2025 001393 FERGUSON ENTERPRISES, INC. 5853237 06-010438 MATERIALS AND SUPPLIES 244.96 5869842 06-010438 MATERIALS AND SUPPLIES 512.31
Total : 757.27
302041 11/18/2025 013503 FINANCIAL SERVICES LLC, PITNEY 3107456742 POSTAGE METER 867.65 Total: 867.65
302042 11/18/2025 000003 FIRST CHOICE SERVICES LA-782778 06-010439 OFFICE EXPENSE 150.44 Total: 150.44
Page: 10
36 vchlist Check List Page: 11
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302043 11/18/2025 002234 FLORES, MARK 002234-102425 REIMBURSEMENT-EQUIPMENT 270.37 Total: 270.37
302044 11/18/2025 009082 FLOYD, LATASIA 009082-103125 08-005394 PROF & CONTRACTUAL SERVICES 720.00 Total: 720.00
302045 11/18/2025 013757 FOSTER & FOSTER, INC. 38591 PROF & CONTRACTUAL SERVICES 3,200.00 Total: 3,200.00
302046 11/18/2025 009298 GALAVIZ PRINTING 819 OFFICE EXPENSE 27.69 Total: 27.69
302047 11/18/2025 003983 GALLS QUARTERMASTER 032500224 11-002506 FEES FOR SERVICES 209.95 Total : 209.95
302048 11/18/2025 014086 GARCIA, CLAUDIA IVETTE 014086-103125 08-005398 PROF & CONTRACTUAL SERVICES 200.00 Total: 200.00
302049 11/18/2025 014112 GONZALEZ, CHLOE 014112-103125 08-005400 PROF & CONTRACTUAL SERVICES 816.00 Total: 816.00
302050 11/18/2025 001510 GRAINGER, INC. 9690887022 06-010441 OPERATING SUPPLIES 122.96 Total: 122.96
302051 11/18/2025 012412 GROH, MARK LEE LW-007 11-002499 PARKING/ADMINISTRATIVE 300.00 Total: 300.00
302052 11/18/2025 014851 GUITIERREZ, MARIO 588129245 REFUND-PARKING CITATION 99.00 Total: 99.00
302053 11/18/2025 013930 HD SUPPL Y,INC 896892056 08-005416 OFFICE EXPENSE 32.53 898289327 06-010544 OFFICE EXPENSE 476.48
898289483 06-010544 OFFICE EXPENSE 993.40
898290614 06-010544 OFFICE EXPENSE 534.05
899079636 06-010544 OFFICE EXPENSE 93.01
899795405 06-010544 OFFICE EXPENSE 397.04
900020926 06-010542 OFFICE EXPENSE 2,061.61
Page: 11
37 vchlist Check List Page: 12
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302053 11/18/2025 013930 013930 HD SUPPLY,INC (Continued) Total: 4,588.12 302054 11/18/2025 003338 HILLYARD-LOS ANGELES 605990644 06-010444 SUPPLIES EXPENSE 895.98 605990645 06-010444 SUPPLIES EXPENSE 803.45
Total: 1,699.43
302055 11/18/2025 000353 INFOSEND, INC. 287897 02-002713 PRINTING AND MAILING EXPENSE 3,075.48 296016 02-002713 PRINTING AND MAILING EXPENSE 4,892.98
Total: 7,968.46
302056 11/18/2025 011853 IWATER, INC. 10195 06-010557 PROF & CONTRACTUAL SERVICES 14,500.00 Total: 14,500.00
302057 11/18/2025 001240 J.A. SALAZAR CONSTRUCTION 593-2 06-010559 PROF & CONTRACTUAL SERVICES 16,558.99 593-3 06-010558 PROF & CONTRACTUAL SERVICES 20,780.56
Total: 37,339.55
302058 11/18/2025 008254 JCL TRAFFIC SERVICES 129603 06-010560 SUPPLIES EXPENSE 949.06 Total: 949.06
302059 11/18/2025 005054 JJ KELLER & ASSOCIATES, INC. 9110641003 FEES FOR SERVICES 1,259.25 Total: 1,259.25
302060 11/18/2025 001269 JOHN L. HUNTER & ASSOCIATES LYN1MS412508 06-010538 PROF & CONTRACTUAL SERVICES 2,964.91 Total: 2,964.91
302061 11/18/2025 000097 JONES LUMBER 392479 08-005396 SUPPLIES EXPENSE 283.35 Total: 283.35
302062 11/18/2025 013434 KILEY & ASSOCIATES,LLC 50 01-001888 PROF & CONTRACTUAL SERVICES 5,000.00 Total: 5,000.00
302063 11/18/2025 014850 KUMALASARI, YORIE 555132334 REFUND-PARKING CITATION 124.00 Total: 124.00
302064 11/18/2025 006146 LOPEZ, ROSEMILLIE 006146-101625 COMMISSIONER'S STIPEND 50.00 Total : 50.00
Page: 12
38 vchlist Check List Page: 13
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302065 11/18/2025 007308 MEEDER PUBLIC FUNDS Lynwood#58 FEES FOR SERVICES 3,000.00 Total: 3,000.00
302066 11/18/2025 010247 MINUTEMAN PRESS 22019 11-002464 PRINTING SERVICES 89.35 Total: 89.35
302067 11/18/2025 014469 MOORE, LORRAINE 014469-100425 REIMBURSEMENT-MILEAGE 204.60 Total: 204.60
302068 11/18/2025 009647 MV CHENG & ASSOCIATES, INC. 10/31/2025 02-002706 PROF & CONTRACTUAL SERVICES 47,140.00 Total: 47,140.00
302069 11/18/2025 000475 NATIONWIDE ENVIRONMENTAL SVCS. 35126 06-010457 PROF & CONTRACTUAL SERVICES 9,624.02 35128 06-010456 PROF & CONTRACTUAL SERVICES 25,246.89
Total: 34,870.91
302070 11/18/2025 002592 NAULLS SR, BRUNO M 002592-101625 COMMISSIONER'S STIPEND 50.00 Total: 50.00
302071 11/18/2025 000078 ODP BUSINESS SOLUTIONS,LLC 440149250001 02-002719 OFFICE SUPPLIES 89.34 440568831001 OFFICE SUPPLIES 227.05
442359538001 01-001893 OFFICE SUPPLIES 481.21
442492761001 03-000460 OFFICE SUPPLIES 56.78
442493813001 03-000460 OFFICE SUPPLIES 21.03
443812002001 01-001893 OFFICE SUPPLIES 121.86
445408124001 06-010459 OFFICE SUPPLIES 67.21
445408484001 06-010459 OFFICE SUPPLIES 58.45
445408486001 06-010459 OFFICE SUPPLIES 19.81
445434006001 01-001893 OFFICE SUPPLIES 337.47
445961454001 06-010459 OFFICE SUPPLIES 77.51
Total: 1,557.72
302072 11/18/2025 014855 PANTOJA, ANDREA 688128354 REFUND-PARKING CITATION 99.00 Total: 99.00
302073 11/18/2025 012548 PARKING COMPANY OF AMERICA INVM0020214 06-010529 FIXED-ROUTE MUNICIPAL TRANSIT 107,688.04 Total: 107,688.04
Page: 13
39 vchlist Check List Page: 14
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302074 11/18/2025 014025 PARTY WHOLESALE USA LLC 54220361 08-005417 EVENT SERVICE EXPENSE 328.17 Total: 328.17
302075 11/18/2025 014593 PAYTECH INCORPORATED 010 02-002707 PROF & CONTRACTUAL SERVICES 500.00 Total: 500.00
302076 11/18/2025 014022 PEREZ, ALFREDO 014022-093025 REIMBURSEMENT-ICSC 563.58 014022-093025-1 REIMBURSEMENT-SUPPLIES 26.86
Total: 590.44
302077 11/18/2025 010945 PETDATA, INC. 14315 11-002504 ANIMAL SERVICE EXPENSE 500.00 14454 11-002504 ANIMAL SERVICE EXPENSE 500.00
14492 11-002504 ANIMAL SERVICE EXPENSE 500.00
Total: 1,500.00
302078 11/18/2025 008307 PHOENIX GROUP INFORMATION SYS 0920251204 11-002467 PROF & CONTRACTUAL SERVICES 1,953.28 092025204 11-002467 PROF & CONTRACTUAL SERVICES 27,033.03 092025902 11-002467 PROF & CONTRACTUAL SERVICES 572.75
Total: 29,559.06
302079 11/18/2025 013190 PRESIADO, YVETTE 003208-004 7 REFUNDABLE DEPOSIT-BATEMAN 400.00 Total: 400.00
302080 11/18/2025 001057 RAMIREZ, JUAN E. 250916 03-000461 PROF & CONTRACTUAL SERVICES 546.00 Total: 546.00
302081 11/18/2025 005067 ROADLINE 22037 06-010466 SUPPLIES EXPENSE 277.04 Total : 277.04
302082 11/18/2025 014847 ROJO, ALONSO D. 677129129 REFUND-PARKING CITATION 146.00 Total: 146.00
302083 11/18/2025 008745 SAN FRANCISCO LAUNDRY 69630 FEES FOR SERVICES 122.04 Total: 122.04
302084 11/18/2025 013372 SECTRAN SECURITY INC 5100623 02-002714 FEES FOR SERVICES 567.11 Total: 567.11
Page: 14
40 vchlist Check List Page: 15
11/06/2025 1:20:13PM City of Lynwood
Bank code: c-ap01
Voucher Date Vendor Invoice PO# Description/Account Amount 302085 11/18/2025 001272 SJM INDUSTRIAL RADIO 273706 08-005418 SUPPLIES EXPENSE 233.97 Total: 233.97
302086 11/18/2025 014839 SOUTHERN NEVADA ICC 014839-022726 REIMBURSEMENT-REGISTRATION 1,100.00 Total: 1,100.00
302087 11/18/2025 008956 SPCALA 202510 11-002490 ANIMAL SHELTER SERVICES 40,530.00 Total: 40,530.00
302088 11/18/2025 000929 SWARCO MCCAIN.INC INV0290012 06-010475 TRAFFIC SIGNAL REPLACEMENT 4,278.27 INV0290185 06-010475 TRAFFIC SIGNAL REPLACEMENT 6,417.97 Total: 10,696.24
302089 11/18/2025 003313 TRANSPORTATION, LOS ANGELES 6025597 FEES FOR SERVICES 28.80 Total: 28.80
302090 11/18/2025 012294 TRANSTECH ENGINEERS, INC. 20255895 06-010090 PROF & CONTRACTUAL SERVICES 5,600.00 20255895-1 06-010318 PROF & CONTRACTUAL SERVICES 1,600.00 20255895-2 06-010090 PROF & CONTRACTUAL SERVICES 880.00 20255895-3 06-010347 PROF & CONTRACTUAL SERVICES 5,600.00 20255896 06-010347 PROF & CONTRACTUAL SERVICES 1,164.00 20255897 06-010318 PROF & CONTRACTUAL SERVICES 9,240.00 20255898 06-010318 PROF & CONTRACTUAL SERVICES 28,560.00 20255899 06-010347 PROF & CONTRACTUAL SERVICES 9,480.00 Total: 62,124.00
302091 11/18/2025 010066 TRI-WEST MECHANICAL, INC. 12942 06-010499 PROF & CONTRACTUAL SERVICES 8,035.00 Total : 8,035.00
302092 11/18/2025 013554 TURF STAR INC INV120535 SUPPLIES EXPENSE 2,160.63 Total: 2,160.63
302093 11/18/2025 007742 ULINE, INC. 199855923 08-005408 SUPPLIES EXPENSE 781.93 199893897 08-005408 SUPPLIES EXPENSE 1,034.99
Total: 1,816.92
302094 11/18/2025 000166 UNDERGROUND SERVICE ALERT/SC 1020250440 06-010482 FEES FOR SERVICES 308.00 25-261392 06-010482 FEES FOR SERVICES 72.94
Page: 15
41 vchlist
11/06/2025 1:20:13PM
Check List
City of Lynwood
Bank code: c-ap01
Voucher
302094
302095
302096
302097
302098
302099
302100
302101
302102
302103
Date Vendor Invoice
11/18/2025 000166 000166 UNDERGROUND SERVICE ALERT/SC (Continued) 11/18/2025 009742 UNIFIRST CORPORATION
11/18/2025 013465 UNION PACIFIC RAILROAD COMPANY
11/18/2025 014853 VALDEZ, LUCY L.
11/18/2025 014061 VCAANIMAL HOSPITALS INC
11/18/2025 013992 VP IRON WORKS
11/18/2025 002912 WATERLINE TECHNOLOGIES.INC
6190007013
6190007015
90150443
700126009
5869795925
5869795942
5869796625
8 5768229
5768230
5769240
5769244
11/18/2025 000477 WEBSTER'S BEE REMOVAL SERVICES 3077
11/18/2025 001522 WECK LABORATORIES, INC. W5J1389
11/18/2025 013287 WINSTARDONUTS 371447
93 Vouchers for bank code :
93 Vouchers in this report
c-ap01
PO#
06-010483
06-010483
06-010541
11-002465
11-002465
11-002465
06-010523
0~1MM
0~1MM
0~1MM
0~10~5
06-010500
06-010487
08-005421
Description/Account
Total:

UNIFORM EXPENSE

UNIFORM EXPENSE
Total:

PROF & CONTRACTUAL SERVICES
Total:

REFUND-PARKING CITATION
Total:

ANIMAL SERVICE EXPENSE

ANIMAL SERVICE EXPENSE
Total:

PROF & CONTRACTUAL SERVICES
Total:

OPERATING SUPPLIES

OPERATING SUPPLIES
Total:

FEES FOR SERVICES
Total:

EVENT SERVICE EXPENSE
Total:

Bank total:

Total vouchers:

Page: 16
Amount
380.94
563.00
1,262.00
1,825.00
3,404.19
3,404.19

99.00 99.00
541.70
1,463.40
456.20
2,461.30
890.00
890.00
406.67
898.07
440.56
847.24
2,592.54
285.00
285.00
125.00
125.00

67.98 67.98
535,254.92
535,254.92
Page: 16
42 AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Gabriel A. Gonzalez, Interim City Manager
SUBJECT:

PROPOSED CANCELLATION OF DECEMBER 16, 2025 CITY COUNCIL

MEETING
Agenda Item # 8.2.

Recommendation:

Background:

In past years, the City has historically canceled the first Council meeting in January to accommodate the holiday closure and reduced staff availability. This practice has allowed staff avoid working on agenda preparation during the holiday closure while focusing on other essential year end responsibilities.

This year, the City is undertaking a high priority effort, which is the recruitment and hiring of a new City Manager, scheduled for early 2026. To maintain the recruitment timeline and avoid potential delays, staff recommends shifting the “dark” period from the first meeting in January to the December 16, 2025 meeting.

Discussion and Analysis:

N/A
Fiscal Impact:

City Council City Council Regular Meeting 43
There is no fiscal impact.

Coordinated With:

City Manager's Office
City Attorney
City Council City Council Regular Meeting 44

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Wayne M. Morrell, Interim Director of Community Development SUBJECT:

APPROVAL OF THE CITY OF LYNWOOD HOME-ARP TENANT-BASED

RENTAL ASSISTANCE (TBRA) GUIDELINES
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 APPROVING THE CITY OF LYNWOOD HOME-ARP TBRA PROGRAM GUIDELINES”.

Background:

The City as an entitlement city, receives Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds on an annual basis from the U.S.

Department of Housing and Urban Development (HUD) to carry out a wide range of community development activities, which benefit low-income residents. In 2021, under the American Rescue Plan Act (ARP), Congress appropriated $5 billion as a one-time supplement to the HOME Program specifically to address homelessness assistance and supportive service needs.

HOME-ARP funds must be used for one or any of the established eligible activities which include (1) Administration and Planning (subject to 15% cap of allocation), (2) Acquisition, Rehabilitation, & Construction of Affordable Rental Housing, (3) Tenant-Based Rental Assistance (TBRA), (4) Supportive Services, (5) Acquisition and Development of Non- Congregate Shelter, and (6) Nonprofit Operating and Capacity Building Assistance. HOME- ARP funds must be used on eligible activities that will benefit individuals or families of specific “qualifying populations” (QPs).

City Council City Council Regular Meeting 45
Qualifying populations, as defined by HOME-ARP, are individuals or families who are (1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. 11302(a)) ("McKinney-Vento"); (2) at risk of homelessness, as defined in section 401 of McKinney-Vento; (3) fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; (4) part of other populations where providing supportive services or assistance would prevent a family's homelessness or would serve those with the greatest risk of housing instability; or (5) veterans and families that include a veteran family member that also meet the criteria one of (1) to (4) above.

On March 21, 2023, the City Council approved the HOME-ARP Allocation Plan. The City was allocated $1,967,319 in HOME-ARP funds which were allocated in the following manner:

Activity
Funding Amount
Percent of
the Grant
Statutory
Limit
Support Services
$ 475,492

Tenant Based Rental Assistance (TBRA)
$ 500,000

Development of Affordable Rental
Housing
$ 500,000

Non-Profit Operating
$ 98,365
5%
5%
Non-Profit Capacity Building
$ 98,365
5%
5%
Administration and Planning
$ 295,097
15%
15%
Total HOME-ARP Allocation
$ 1,967,319

*The City Council may change the plan through substantial amendment process which requires a 15-day public comment period.

Discussion and Analysis:

To be compliant with the established eligible activities and the qualifying population, the Tenant-Based Rental Assistance Program (TBRA) Guidelines have been developed in accordance with HUD and HOME regulations, including how the funds will be used to address the needs of qualifying populations.

The purpose of the HOME-ARP TBRA Guidelines is:
1 .

To ensure compliance with HUD HOME-ARP TBRA requirements. 2 .

To provide staff with clear guidance and procedures to ensure the effective and successful administration of the program.

Summary of Program:

Assistance under the TBRA Program will consist of one 12-month term unless a shorter term of as few as 6 months is requested by the household or household is no longer eligible.

City Council City Council Regular Meeting 46
All TBRA Program assistance will be provided to qualified household in the form of a grant and is not subject to repayment. The maximum monthly rental subsidy for each household will equal the difference between the Gross Rent (approved rent) and thirty percent (30%) of the household’s adjusted monthly income. The amount the tenant must contribute monthly is referred to as the Total Tenant Payment (“TTP”).

Security deposits are an eligible expense for qualifying households, subject to applicable limits and property standards. Security deposit amounts must be reasonable, properly documented, consistent with local market practices, and may not exceed the equivalent of two (2) months’ rent, per 24 CFR 92.209(j)(2). Monthly utility allowances will not be a permitted expense. Therefore, utility allowances will not be reimbursed or approved as part of the TBRA support. The only time utility allowances will be covered is, if and only, when the utility payments are included in the rent and not separate.

Applicants must have household incomes at or below sixty percent (60%) of the applicable County’s area median income (AMI), adjusted by household size, as published by HCD each year.

FY 2025 Income Limits Summary
FY 2025
Income
Limit Area
Median Family
Income
FY 2025 Income
Limit Category
Persons in Family
Los
Angeles-
Long
Beach-
Glendale,
CA HUD
Metro FMR
Area
$106,600.00

1 2
3 4
5 Very Low (50%)
Income Limits
($)

53,000

60,600

68,150

75,750

81,800
Extremely Low
Income Limits
($)*

31,850

36,400

40,950

45,450

49,100
Low (80%)
Income Limits
($)

84,850

96,950

109,050

121,150

130,850

HOME-ARP TBRA Example Calculation:

Gross Rent: $1,400
Less: 30% of Adjusted Monthly Income (Tenant Portion): -$600 City TBRA Payment: $800

*Based on this sample calculation approx. 52 eligible households will be assisted.

Upon approval of the TBRA guidelines, staff will move forward with promoting the program and will begin accepting applications. Applications will be processed on a first come first served basis.

City Council City Council Regular Meeting 47
Lynwood TBRA Program Guidelines
Final.docx
Resolution - Lynwood_TBRA_Program_Guidelines.doc
Fiscal Impact:

The City has been awarded a total of $1,967,319 in HOME-ARP funds. There is no fiscal impact to the City’s General Fund. Staff is also requesting the Finance Department to amend the FY25-26 budget by appropriating as follows:

Revenue:

Fund
Dept.

Object
Description
Amount
2961
51 36253
HOME-ARP Grant Revenue
$1,967,319

Expenditure:

Fund
Dept
Div
Object
Description
Amount
2961
51 863
60001
Salaries Wages
$202,047
2961
51 863
67473
Housing & Utility Assistance
$500,000
2961
51 863
62015
Prof & Contractual Svcs
$672,222
2961
51 863
67915
Project Improvement Costs
$500,000

Coordinated With:

City Manager's Office
City Attorney
Finance Department
ATTACHMENTS:

Description
City Council City Council Regular Meeting 48

ATTACHMENT “B”

City of Lynwood
Community Development Department
11330 Bullis Road
Lynwood, CA 90262

HOME-ARP Tenant-Based Rental Program (TBRA)
Program Guidelines

October 2025 / Version 1

49 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 2

TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................................... 4 A. Conflict of Interest Requirements.................................................................................................... 4 1) Conflicts Prohibited ..................................................................................................................... 4 2) Persons Covered .......................................................................................................................... 4 3) Exceptions ................................................................................................................................... 4 B. Participating Agencies ...................................................................................................................... 4 C. Fair Housing ..................................................................................................................................... 4 II. ELIGIBILITY ............................................................................................................................................ 6 A. Income Qualification Criteria ........................................................................................................... 6 1) Household Income Definition ..................................................................................................... 6 2) Assets ........................................................................................................................................... 7 3) Eligible Families – Income and Assets ........................................................................................ 7 4) General TBRA Program Design .................................................................................................. 7 5) Rent Standards ............................................................................................................................. 7 6) Utility Allowances ....................................................................................................................... 8 7) Rental Assistance Subsidy Amounts ........................................................................................... 8 8) Examples for Calculating Tenant and Program Payment ............................................................ 8 III. APPLYING FOR ADMISSION ................................................................................................................ 10 A. How to Apply.................................................................................................................................. 10 B. Application Submittal..................................................................................................................... 10 C. Completion of an Application ........................................................................................................ 10 IV. OCCUPANCY STANDARDS................................................................................................................... 12 A. Size of Units.................................................................................................................................... 12 B. Permanently Absent ...................................................................................................................... 12 C. Visitors ........................................................................................................................................... 12 D. Change in Household Composition ................................................................................................ 13 E. Change in Ownership ..................................................................................................................... 13 F. Participant Relocation .................................................................................................................... 13 V. TBRA ELIGIBILITY AGREEMENT ISSUANCE AND BRIEFINGS ............................................................... 14 A. Purpose of Briefings ....................................................................................................................... 14 B. Attendance Requirement .............................................................................................................. 14 C. Format ............................................................................................................................................ 14 D. Household Obligations ................................................................................................................... 14 E. Participant Agreement ................................................................................................................... 15 50 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 3

F. Discretion to Deny or Terminate Assistance .................................................................................. 15 G. Term of the TBRA Eligibility Agreement ........................................................................................ 15 H. Joint Custody of Children ............................................................................................................... 15 I. Alimony and Child Support ............................................................................................................ 15 J. TBRA Housing Authorization Determination for Split Households ................................................ 15 K. Initial, Annual and Interim Examination ........................................................................................ 15 L. Re-examinations ............................................................................................................................ 16 M. Reporting Changes Between Regularly Scheduled Recertifications .............................................. 16 N. Interim Examinations ..................................................................................................................... 16 VI. LEASE ADDENDUM AND HOME RENTAL ASSISTANCE CONTRACT (HRA CONTRACT) EXECUTION .... 17 A. Lease Addendum ........................................................................................................................... 17 B. HOME Rental Assistance Contract (HRA Contract) ........................................................................ 17 C. Rent Reasonableness ..................................................................................................................... 17 D. Timeline for Unit Approval............................................................................................................. 18 1) Lease Execution ......................................................................................................................... 18 E. Tenant Lease .................................................................................................................................. 18 1) Termination of Lease ................................................................................................................. 18 F. Owner Agreement ......................................................................................................................... 18 VII. HOUSING QUALITY STANDARDS ........................................................................................................ 19 A. Policy .............................................................................................................................................. 19 B. Clearing Deficiencies ...................................................................................................................... 19 C. Owner Fails to Correct HQS Items ................................................................................................. 19 D. Request for Special Unit Inspection ............................................................................................... 19 VIII. DENIAL OR TERMINATION OF ASSISTANCE ........................................................................................ 20 A. Tenant Fraud .................................................................................................................................. 20 B. Landlord Fraud ............................................................................................................................... 20 C. Lease Violations ............................................................................................................................. 20 D. Dispute Resolution and Appeals Procedure .................................................................................. 20 IX. REPORTING COMPLIANCE .................................................................................................................. 21

51 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 4

I. INTRODUCTION
These Program Guidelines have been developed by the City of Lynwood California based on the Section 8 Housing Assistance Program (HAP) operated by the U.S. Department of Housing and Urban Development (HUD) and have been adopted for the implementation of the City of Lynwood HOME-ARP Tenant-Based Rental Assistance Program (hereinafter referred to as “TBRA Program”).

A. Conflict of Interest Requirements
In accordance with 24 CFR Section 92.356 of the HOME Investment Partnerships (HOME) Final Rule, the following will apply:
1) Conflicts Prohibited
No persons described in paragraph A.2) of this section who exercises or has exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to the HOME and or HOME-American Rescue Plan Program (HOME-ARP)-assisted activity, or the proceeds from such activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage, or adoption) the spouse, parent (including stepparent), child (including stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws of a covered person. 2) Persons Covered
The conflict-of-interest provisions of paragraph A.1) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. 3) Exceptions
Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (a) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Program and the effective and efficient administration of the participating jurisdiction's program or project.

See 24 CFR 92.356(d) (1-6) for details on the documentation needed to submit an exception request to HUD.

B. Participating Agencies
The City of Lynwood (referred here is as “City” or Program Administrator) operates the TBRA Program.

C. Fair Housing
The Fair Housing Lender and Accessibility logos will be placed on all outreach materials. The Program Administrator will follow affirmative marketing procedures that provide information, through the implementation of an outreach marketing program to attract all eligible persons without regard to race, color, national origin, sex, sexual orientation, gender identity, age, religion, disability, and familial status. 52 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 5

Affirmative marketing plans and procedures shall be approved by HCD. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the TBRA Program’s eligible area compared to the ethnicity of the population served by the TBRA Program (includes, separately, all applications received and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the TBRA Program. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the are a residents, will be widely distributed in the TBRA Program-eligible area. The TBRA program activities and actions shall be consistent with the most recent City of Lynwood Analysis of Impediments to Fair Housing Choice report as well as Housing Element.

D. Environmental Requirements
The environmental requirements in 24 CFR 92.352 apply to eligible activities under this Notice. The environmental effects of each activity carried out with HOME-ARP funds must be assessed in accordance with the provisions of N EPA and the related authorities listed in HUD's implementing regulations at 24 CFR part 58. No funds may be committed to a HOME-ARP activity or project before the completion of the environmental review and approval of the RROF/C, as applicable. Neither a HOME-ARP recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance on an activity or project until the environmental review has been completed and HUD or the state has approved the recipient's RROF/C from the RE as applicable. In addition, until the RROF/C have been approved, neither a HOME-ARP recipient nor any participant in the development process may commit non-HUD funds on or undertake a HOME-ARP activity or project if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives.

HOME-ARP TBRA as defined at 24 CFR 58.35(b) are categorically excluded, not subject to the Federal laws and authorities at 24 CFR 58.5 (CENST) or exempt from review under NEPA.

53 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 6

II. ELIGIBILITY

The TBRA Program is a rental subsidy program that is designed to assist eligible tenants with the payment of monthly rent and utility costs. TBRA assistance will make up the difference between the amount the household can afford to pay for monthly rent and utilities and the actual cost of the housing occupied by the household.

The following information provides TBRA Program income, household, service area, rental standards and subsidy amount and term, utility allowance, and subsidy calculation methodology.

Service Area
The City’s TBRA service area includes areas located within the City of Lynwood. Participants must show proof of legal residency when applying for TBRA Pr ogram assistance. HOME-ARP TBRA assistance is directly attached to the qualifying household and not a particular rental unit. Therefore, a TBRA household may choose to move to another unit with continued assistance as long as the new unit meets the applicable property standards.

A. Income Qualification Criteria
1) Projected gross annual income of the applicant household will be used to determine whether it is above or below the published HUD income limits. Income qualification criteria will be followed to independently determine and certify the household ’s gross annual income. Income will be verified by reviewing and analyzing tax returns, copies of wage rece ipts or paystubs, subsidy checks, bank statements and third -party verification of employment forms sent to employers. All documentation shall be dated within six (6) months prior to assistance, at a minimum, be recent, cover a consecutive two (2) month period. Household Income Definition:

Household income is the gross annual income of all adult household members that is projected to be received during the coming 12 -month period and will be used to determine TBRA Program eligibility. Refer to Income Inclusions and Exclusions for further guidance regarding the types of incomes to be included or excluded when calculating gross annual income. For those types of income counted, gross amounts (before any deductions have been taken) are used, and the types of income that are not considered would include income of minors or live -in aides. Certain other household members living apart from the household also require special consideration. The household’s projected ability to pay must be used, rather than past earn ings, when calculating income.

Applicants must have household incomes at or below 60 % of the applicable County’s area median income (AMI), adjusted by household size, as published by HUD each year. HUD annually establishes income limits by household size for the Los Angeles-Long Beach Metropolitan Statistical Area. The link to current area median incomes adjusted by household size is:
https://www.huduser.gov/portal/datasets/il.html

Projected gross annual income of the applicant household will be used to determine whether it is within the published HUD income limits. Income qualification criteria, as shown in the most recent HUD program-specific guidance at
https://www.hudexchange.info/programs/home/home-income-limits/, will be followed to independently determine and certify the household’s gross annual income. Income will be verified by reviewing copies of wage receipts or paystubs, subsidy checks, bank statements and any available 54 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 7

documentation. Initial rent portion of the client and the program will be calculated utilizing the CPD Eligibility Income Calculator located at
https://www.hudexchange.info/incomecalculator/

2) Assets:

There is no asset limitation for participation in the TBRA Program. Income from assets is, however, recognized as part of annual income under the Part 5 definition. An asset is a cash or non-cash item that can be converted to cash. The value of necessary items such as furniture, clothing and automobiles is not included. (Note: it is the income earned – e.g. interest on a savings account – not the asset value, which is counted in annual income.)

An asset’s cash value is the market value less reasonable expenses required to convert the asset to cash, including penalties or fees for converting financial holdings and costs for selling real property. The cash value (rather than the market value) of an item is counted as an asset. Part 5 Asset Inclusions and Exclusions is attached to these guidelines as ATTACHMENT B.

3) Eligible Families – Income and Assets
Most applicants must have household incomes at or below sixty percent (60%) of the applicable County’s area median income (AMI), adjusted by household size, as published by HCD each year (see ATTACHMENT C). The link to current HOME income limits adjusted by household size is:

FY 2025 Income Limits Documentation System -- Summary for Los Angeles County, California

“Household” means one or more persons who occupy a housing unit. Subject to the exemptions allowed in the “Income Determination Guide ”, all persons, including unborn children, and including non -related individuals, will be considered household members for purposes of determining income eligibility.

All adult applicants must certify that they meet the household income eligibility requirements for the TBRA Program and have their household income documented. The income limits in place at the time the appl icant(s) eligibility is certified will apply when determining applicant income eligibility.

4) Term: Assistance under the TBRA Program will consist of one 12 -month term and is subject to renewal if funding is available unless a shorter term of as few as 6 months is requested by the household or household is no longer eligible.

5) Rent Standards
The TBRA Program has adopted a Schedule of Rent Standards (also known as Payment Standards) in accordance with the method identified in HOME Final Rule Section 92.253(h )(3)(ii). Rent Standards will be updated annually and attached hereto as ATTACHMENT D . These Rent Standards will represent the highest gross rent (unit rent) that can be approved for TBRA assistance.

Units must be within the Fair Market Rate (FMR) outlin ed by Housing Urban Development Department. To be paid monthly to property owner and/or assigned property management entity.

55 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 8

6) Utility Allowances
Monthly utility allowances will not be a permitted expense. Therefore, utility allowances will not be reimbursed or approved as part of the TBRA support. The only time utility allowances will be covered is, if and only, when the utility payments are included in the rent and not separate.

7) Rental Assistance Subsidy Amounts
All TBRA Program assistance will be provided to qualified household in the form of a grant and is not subject to repayment. The maximum monthly rental subsidy for each household will equal the difference between the Gross Rent (approved rent) and either thirty percent (30%) of the household’s adjusted monthly income or ten percent ( 10%) of the household ’s gross monthly income, whichever is greater. The amount the tenant must contribute monthly is referred to as the Total Tenant Payment (“TTP”).

92.209(j)(2).
8) Examples for Calculating Tenant and Program Payment
Household Adjusted Annual Income: $24,000.

Adjusted Gross Monthly Income: $2,000 ($24,000 ÷ 12) 30% of Adjusted Monthly Income: $600 ($2,000 x .30)
10% of their Gross Monthly Income: $200 (2,000 x .10) The current TBRA Payment Standard (1-Bedroom Unit): $2,081.

Example 1 - Unit Rent: $1,400 (Below Payment Standard)
Step 1 – Calculate the City’s TBRA Payment:

Gross Rent: $1,400
Less: 30% of Adjusted Monthly Income (Tenant Portion): -$600 City TBRA Payment: $800
Step 2 – Calculate the Total Tenant Payment (TTP):

Gross Rent: $ 1,400
Less: TBRA Payment: -$800
Tenant Payment (TTP): $600
Result:

City TBRA Payment: $800
Tenant Payment: $600
Total Rent: $1,400

Example 2 - Unit Rent: $2,200 (Above Payment Standard)
Step 1 – Determine Maximum City Payment:

Payment Standard: $2,081
Less: 30% of Adjusted Monthly Income (TTP): -$600
Maximum City TBRA Payment: $1,481
Step 2 – Calculate the Total Tenant Payment (TTP):

Rent Exceeds Payment Standard By: $119 ($2,200 - $2,081) Add TTP: +$600
Total Tenant Payment (TTP+ Difference): $719
Result:

City TBRA Payment: $1,481
Tenant Payment: $719
Total Rent: $2,200
Example 3 - Unit Rent: $1,800 (Below Payment Standard)
Step 1 – Calculate the City’s TBRA Payment:

Gross Rent: $1,800
Less: 30% of Adjusted Monthly Income (Tenant Portion): -$600 56 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 9

City TBRA Payment: $1,200
Step 2 – Calculate the Total Tenant Payment (TTP):

Gross Rent: $ 1,800
Less: TBRA Payment: -$1,200
Tenant Payment (TTP): $600
Result:

City TBRA Payment: $1,200
Tenant Payment: $600
Total Rent: $1,800

Summary Comparison Table
Scenario Rent Payment Standard City TBRA Payment Tenant Payment Example 1 – Below PS* $1,400 $2,081 $800 $600
Example 2 – Above PS* $2,200 $2,081 $1,481 $791
Example 3 – Below PS* $1,800 $2,081 $1,200 $600
*PS: Payment Standard

Regulatory Reference:

Per 24 CFR §92.209(j)(2), the TBRA subsidy equals the difference between the gross rent and the greater of 30% of the household’s adjusted monthly income or 10% of their gross monthly income, subject to payment standard limits.

57 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 10

III. APPLYING FOR TBRA PROGRAM ADMISSION

A. How to Apply
Residents may download the application online from the City website at https://www.lynwoodca.gov/.

Printed copy can be picked up at City of Lynwood, Community Development Department office, 11330 Bullis Road, Lynwood, CA 90262. Applicants may call the City at 310 -603-0220 during regular business hours to request an application by regular mail.

B. Application Submittal
Submit the application and copy of all requested supporting documentation:

 By Email: [email protected]
 By Mail:

City of Lynwood
Attn: Ishah Ahumada, Program Consultant
11330 Bullis Road
Lynwood, CA 90262

C. Completion of an Application
Upon completion of the application, an interview appointment will be scheduled. The interview appointment may be conducted in person or by telephone. Being invited to attend an interview does not constitute admission to the program.

Applicants are respons ible for rescheduling interview appointments when the original appointment is missed. If the Applicant does not reschedule and misses two consecutive interview appointments, the application may be rejected and sent a denial letter.

 The head of household will be required to attend the interview appointment. All adult household members must sign the Applicant/Tenant Certification Form in order for the application to be considered complete.

 Information provided by the Applicant to be verified includes info rmation and documentation on household composition, income, allowances and deductions, preference status, full -time student status, and other factors relating to eligibility before being issued a TBRA Eligibility Agreement.

 Third-party verifications shall be obtained by telephone or email. When telephone or email requests are unsuccessful, the Program Administrator will make adequate effort to ensure the third party is a valid source by documenting and including in the tenant ’s file the following information: Third party’s name, attempted contact person and contact information; name of the person who attempted the telephone or email interview; and date and time of the telephone call or email request.

If additional information is needed to determine eligibility, a request will be sent to the Applicant, detailing the necessary additional information, which must be submitted within 10 business days. If no response is received within 10 days, a second request will be sent, allowing an additional 10 days to respond. If no response is received to the second request for additional information, an ineligibility letter will be sent.

After the verification process is completed, the City will make a final determination of eligibility based on verified data.
58 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 11

For questions concerning the program, residents may contact the TBRA program staff by phone or e-mail.

Staff Members Phone Number E-mail address
Ishah Ahumada
Program Manager 616-710-6270 [email protected]
Antonio Solorzano
Program Assistant 310-807-5759 [email protected]
Suzanne Trejo
City of Lynwood 310-603-0220 [email protected]

59 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 12

IV. OCCUPANCY STANDARDS
Units receiving TBRA assistance must meet the Housing Quality Standards found at 24 CFR 982.401 at the time of initial occupancy and throughout assisted tenancy.

A. Size of Units
Households meeting the preference criteria may remain in their units and be assisted in place; however, if they elect to select a different unit, the following occupancy standards shall apply.

The occupancy standard for the TBRA Program is two persons per sleeping area. The standards prescribed will apply to the majority of families. However, in some cases the relationship, age, sex, health, or disability of a household member may warrant the assignment of a larger unit. Exceptions for larger units may be granted within the following guidelines:

 Unborn children shall be included in the size of the household.  Persons with verifiable medical needs.
 Other extenuating circumstances.
 Foster children are included when determining unit size (but not for household size for income limits evaluation).

 Space will not be provided for a household member who is absent more than 90 consecutive days (e.g., member of the military).

The following provides guidance on over-crowding and under-crowding:

Unit Size Min. # of Persons Max. # of Persons
1-BDR. 1 2
2-BDR. 2 4
3-BDR. 3 6
4-BDR. 4 8

B. Permanently Absent
If any adult member of a household leaves the unit for more than ninety (90) days, that adult member will be considered permanently absent from the unit. A remaining adult member of the household must report, in writing within ten (10) days, the change in household composition to the pr operty manager and the Program Administrator, who will then remove the absent adult as a household member.

C. Visitors
Any adult not included on the application that is in the unit for thirty (30) consecutive days without the written approval of the Program Administrator will be considered to be living in the unit as an unauthorized household member.

Absence of evidence of a verifiable address will be considered verification that the visitor is a member of the household. Statements from neighbors and/or the landlord will be considered in making a determination.

The burden of proof that an individual is a visitor rests on the household. In the absence of such proof, an individual will be considered an unauthorized member of the household, and the Program Adm inistrator may terminate assistance if prior approval was not requested for the addition. 60 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 13

In a joint physical custody arrangement, if a minor is in the household less than 183 days per year (50% of the year), the minor will be considered to be an eligible visitor and not a household member.

D. Change in Household Composition
The Program Administrator will verify changes in household composition (either reported or unreported).

However, the burden of proof that an individual has moved ultimately rests on the household.

E. Change in Ownership
A change of property ownership will be processed upon receipt of evidence of ownership, and a Letter of Authority Transfer, if applicable. Prior to the change of property ownership taking effect, any payments made to the previous owner will be the responsibility of the new owner to recover.

F. Participant Relocation
Household relocation shall be limited. A household may move to a new unit during the lease only:

 When a mutual agreement between the owner and the tenant has been signed; or  For good cause (the recipient must provide documentation such as police reports, court order, etc.)

In either case, the recipient must provide proper notice (30-day written notice) to the Program Administrator and the Property Manager prior to initiating a move. The recipient must then recertify for the new lease location.

61 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 14

V. TBRA ELIGIBILITY AGREEMENT ISSUANCE AND

BRIEFINGS
A. Purpose of Briefings
The purpose of the briefing is to provide participants with the information found in the TBRA Eligibility Agreement. This will ensure that all participants are aware of their responsibilities and the ramifications if they fail to comply.

B. Attendance Requirement
The head of household is required to attend a briefing to receive TBRA assistance.

C. Format
Briefings can either be in a group or held individually.

The TBRA Eligibility Information briefing shall cover the following:

 Procedures for notifying th e Program Administrator of abuses such as side payments or other overcharges and Housing Quality Standard violations in the unit;  The HUD brochure on lead -based paint (Protect Your Family From Lead in Your Home) and information about where blood level testing is available, for units built prior to 1978.  Conditions and procedures for notifying the Program Administrator of changes which may occur between annual re-examinations;
 Conditions in the lease addendum under which tenancy may be terminated; and  Conditions under which TBRA Housing Program assistance may be terminated.

D. Household Obligations
While the relationship between the tenant and landlord is the same as in the private housing market, the TBRA Housing Program participants have the following additional obligations:

1. The household must supply any information that is determined to be necessary in the administration of the TBRA Program, which may include rental history including any evictions, credit history, and criminal background information. The P rogram Administrator may reject an applicant based on the information provided.

2. Any guest or household member who causes damages beyond normal wear and tear will be the responsibility of the household. If Housing Quality Standards (HQS) failures are determined to be caused by a tenant or guest, it will be the tenant ’s responsibility to correct. If the failure is life - threatening, the tenant must correct the defect within 24 hours. For other tenant -caused failures/defects, the tenant must correct the def ect within 30 calendar days (or by a Program - approved extension).

3. The members of the household must not commit fraud, bribery or any other corrupt or criminal act in connection with the TBRA Program.

62 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 15

E. Participant Agreement

The Program applicants must agree to the following conditions and so certify in writing to:
 Participate in comprehensive case management services for the duration of TBRA assistance  Program applicants must agree to develop a self-sufficiency plan  Adhere to unit requirements for reasonable rents per HUD’s Fair Market Rent Standards  Indicate their understanding of program guidelines and agree to comply with HOME TBRA Program rules
 Adhere to terms of the TBRA and landlord lease
 Adhere to TBRA Program requirements
 Comply with applicable State and local laws and ordinances

F. Discretion to Deny or Terminate Assistance
In deciding whether to deny or terminate assistance because of action or failure to act by members of a household, the Program Administrator has the discretion to consider all of the circumstances in each case, including the seriousness of the case and the extent of participation or culpability of individual household members. The Program Administrator may also review the household’s more recent history and record of compliance, and the effects of denial or termination of assistance on other household members who were not involved in the action or failure to act.

The Program Administrator may impose, as a condition of continued assistance for other household members, a requirement that household members who participated in or were culpable for the action or failure to act will not reside in the unit. The Program Administrator may permit the other members of the household to continue in the TBRA Program.

G. Term of the TBRA Eligibility Agreement
A newly issued TBRA Eligibility Agreement will be valid for a period of sixty (60) days from the date of issuance.

H. Joint Custody of Children
Children who are subject to a joint custody agreement will be considered members of the household if the applicant has at least 50% legal and physical custody of the minor as evidenced by legal documentation.

I. Alimony and Child Support
Regular alimony and child support payments is counted as income. If the amount of child support or alimony received is less than the amount awarded by the court, the Program Administrator will use the amount awarded by the court unless the household can document non-receipt or receipt of a lower amount.

J. TBRA Housing Authorization Determination for Split Households In cases where a household assisted by the TBRA Program becomes divided into two households due to divorce, legal separation, or the division of the household, the TBRA Program will recertify the household members remaining in the assisted unit to determine eligibility and the level of assistance.

K. Initial, Annual and Interim Examination
The Program Administrator will perform initial, bi -annual, and interim examinations, as required, or needed.

63 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 16

L. Re-examinations
The Program Administrator will use the same procedures for obtaining and verifying information that were used at admission. The Program Administrator will compare the information the household reports against the household’s most recent re-examination to identify any discrepancies and ask the household to explain them.

The following procedures will be followed for each re-examination:

 Re-verification of household income and composition;
 Unit inspection; (May be required)
 Rent reasonableness verified, if the landlord is requesting a rent increase;  The owner and household are notified of tenant contribution increase at least 30 days prior to the effective date.

The head of household, and any additional adult living in the unit must have a current Form HUD -9886, Authorization for Release of Information/Privacy Act Notice, on file any time verification of income is to be determined.

Households and owners will be notified of the results of the re -examination and effective date of any changes.

M. Reporting Changes Between Regularly Scheduled Recertifications:

If any of the following changes occur, the Resident agrees to advise management and the Program Administrator within ten (10) days:
 Any household member moves out of the unit.
 The household proposes to move a new member into the unit.  An adult member of the household who was reported as unemployed on the most recent certification (or recertification) obtains employment.
 The household’s income cumulatively changes by ten percent (10%) or more a month.

N. Interim Examinations
If an interim re-examination indicates that the tenant rent will be reduced or increased by ten percent (10%) or more, changes may take effect the first of the month following the determination, allowing for a 30-day notification to the tenant. If the change is less than ten percent (10%), no interim recertification will be processed, but the documentation will become part of the tenant file.

Households and owners will be notified of the results of the re -examination and effective date of any changes.

64 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 17

VI. LEASE ADDENDUM AND HOME RENTAL ASSISTANCE

CONTRACT (HRA CONTRACT) EXECUTION

A. Lease Addendum
Prior to commencement of the TBRA Program assistance, the Program Administrator requires that the Program’s Lease Addendum (ATTACHMENT F) and its Additional Lease Addendum (ATTACHMENT G) be executed by the landlord and tenant. The tenant lease and the lease addendum shall comply with tenant protection requirements in accordance with 24 CFR 92.253(a).

B. HOME Rental Assistance Contract (HRA Contract)
The HRA Contract is a contract between the City and an owner that leases to a qualifying household. In the HRA Contract for the TBRA Program, the owner agrees to lease a specified dwelling unit to a specified eligible household, and the TBRA Program agrees to make any payments directly to the owner of the unit.

The TBRA Program HRA Contract is based on the HAP Contract on the HUD Exchange. A copy of the TBRA Program’s HRA Contract is attached as “ATTACHMENT H.” The term of the lease between the owner and the tenant may not expire before the term of the TBRA assistance.

Prior to HRA Contract execution, the Program Administrator will ensure:

 That the income information is not more than 180 days old for participants.  That owners provide their current address of residence or business, and proof of ownership of the property.
 That a Letter of Transfer of Authority is available if a management agent manages the property.
 That Rent Reasonableness has been verified per the following procedures.

C. Rent Reasonableness
The Program Administrator will decide as to the reasonableness of the rent the owner is proposing in relation to comparable units on the private unassisted market. The market area for rent reasonableness comparable shall include the similar areas of the city or county where the proposed rental is located.

Rent reasonableness determinations are made when units are placed under HRA Contract for the first time and when owners request annual or special contract rent adjustments. The Program Administrator will certify and document in the tenant file that the approved rent:

 Does not exceed rents charged by the owner for comparable unassisted units in the private market; and (Must submit rent roll if owner has more than one unit)  Is reasonable in relation to rents charged by other owners for comparable units in the private market.

The items used for rent reasonableness documentation include:
 Square footage.
 Number of bedrooms and bathrooms.
 Location.
 Unit type.
 Quality.
 Amenities.
65 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 18

 Facilities.
 Date built and
 Management and maintenance services.

Documentation of the rent reasonableness study for each unit leased will be maintained by the Program Administrator. The Program Administrator will maintain a file(s) that includes comparable data on unassisted units in the private market and w ill compare the subject unit against selected units in the same area with similar characteristics. Adjustments will be made for favorable and unfavorable differences between the subject unit and the comparable. The information on unassisted units will be updated on an annual basis.

D. Timeline for Unit Approval
The processing time frame for the Request for Tenancy Approval (RFTA) is 10 business days. This 10-day period is calculated from the date the RFTA form is received to the date of inspection. Processing time frame depends on the completeness of the RFTA form, availability and readiness of the prospective Unit and schedules of Landlord, Participant and Inspector(s).

1) Lease Execution
Prior to contract and lease execution, property owners must provide the following:
a) Statement of Ownership
b) Copy of Grant Deed
c) W-9
d) City of Lynwood’s Business License
e) Property Management Agreement (if applicable)
f) Lease Agreement

E. Tenant Lease
The owner and the tenant enter into a lease. To ensure the special requirements of the HOME Program are met, a lease addendum must be used in conjunction with the owner’s lease. 1) Termination of Lease
Landlords can terminate a lease for a TBRA household under the following instances and with 30- days notice:
 Tenant does not adhere to terms of the lease
 Tenant does not adhere to TBRA Program requirements
 Tenant does not comply with applicable State and local laws and ordinances

F. Owner Agreement
The City and the Owner must enter into an agreement whereby the owner agrees to comply with HOME TBRA Program rules and the City/Program Administrator agrees to make the TBRA share of the payment.

66 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 19

VII. HOUSING QUALITY STANDARDS (HQS)
A. Policy
No unit will be placed on the TBRA Program unless UPCS, Housing Quality Standards, Lead Based Paint, applicable local building codes are met, in accordance with 24 CFR 982.401. The units must continue to meet these standards as long as the household is on the TBRA Program. Lead-based paint requirements will apply to all units constructed prior to 1978. The TBRA Program adheres to the acceptability criteria in HUD Public Housing program regulations for Uniform Physical Conditions Standards/Housing Quality Standards. Current HQS Inspection Forms are attached as “ATTACHMENT J”.

Unit(s) will be inspected within 30 days prior to the first assistance payment. However, the City and the Program Administrator are authorized to inspect the unit(s) at any time. Residents will be notified in writing 48 hours in advance of unit inspections.

All Housing Quality Inspections will be performed by the Program Administrator (or its designee).

There are three types of inspections:

 Initial
 Annual
 Special (See VII.D. below)

B. Clearing Deficiencies
At initial and annual inspections, the property owner will be given no more than 30 days to correct the items noted as “fail”. Extenuating circumstances could, with Program Administrator approval, extend the time limit allowed to correct the items. The owner may be allowed two re -inspections for repair work to be completed (at inspector ’s discretion) depending upon the complexity of work to be done. If, after the inspections, the unit still fails HQS, the household will be required to find another unit if it wishes to remain on the TBRA Program.

C. Owner Fails to Correct HQS Items
If the HRA Contract is terminated due to the owner ’s failure or refusal to correct the failed items, and the current TBRA Program tenant was required to move to another unit to continue receiving TBRA Program assistance, the Program Administrator will not approve the vacated unit for a new TBRA Program tenant for a minimum of one year, and only upon receiving a written assurance from the owner that they will fulfill the requirements of the minimum HQS in the future.

D. Request for Special Unit Inspection
A landlord/owner, tenant, or the Program Administrator may request to have the tenant ’s unit inspected prior to the re-examination date. The Program Administrator or its designee will schedule the inspection within ten (10) working days of the request.

67 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 20

VIII. DENIAL OR TERMINATION OF ASSISTANCE
A. Tenant Fraud
If the household has knowingly committed fraud in connection with the TBRA Program, the Program Administrator may terminate assistance and cancel the HRA contract.

If the household has misrepresented income, assets, or allowances, which would have caused an increase in the tenant portion of the rent, the Program Administrator will make every effort to recover any overpayment made as a result of tenant fraud or abuse.

If the household intentionally, willingly, and knowingly commits fraud or is involved in any other illegal scheme with the owner, the Program Administrator may deny or terminate assistance.

B. Landlord Fraud
If a landlord has committed fraud or misrepresentation in connection with the TBRA Program, the Program administrator will terminate the HRA Contract and review the circumstances and household’s involvement to determine if the household is eligible to relocate to another unit with continuation of assistance.

The Program Administrator may bar the landlord from participation in the TBRA Program for breach of the HRA Contract.

The Program Administrator will make every effort to recover any overpayments made as a result of landlord fraud or abuse.

C. Lease Violations
Termination of tenancy will be permitted only if a tenant has serious or repeated violations of the terms and conditions of the lease.

The following criteria will be used to decide if a serious or repeated violation of the lease will result in termination of assistance:
 If the owner terminates tenancy through court action for serious or repeated violation of the lease.  If the owner notifies the household of termination of tenancy for serious or repe ated lease violations, and the household moves from the unit prior to the completion of court action.  If there are police reports, neighborhood complaints or other third-party information, that has been verified by the Program Administrator; or
 Other “good cause” exists for termination of the tenancy.  Information that has been verified by the Program Administrator; or  Other “good cause” exists for termination of the tenancy.

D. Dispute Resolution and Appeals Procedure
Any applicant denied assistance from the Program has the right to appeal. Complaints concerning the Program should be made to the Program administrator (s) first. If unresolved in this manner, the complaint or appeal must be made in writing and filed with the Community Development Director. The Director, or their designee, shall review the information and their written response will be made within thirty (30) working days. If the applicant is not satisfied with the Director’s decision, a request for an appeal may be filed with the City’s HUD Advisory Committee. Final appeal findings must be filed in writing with HCD within one year after denial.

68 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 21

IX. REPORTING COMPLIANCE
The City must comply with all HOME-ARP TBRA Program reporting standards for all awarded households including retaining (as per notice: Final HOME-ARP Implementation Notice or “the Final Notice”):
 Program Records:
o Fully executed tenant lease agreements and lease addendums. o Written HOME-ARP agreements including duration and disbursement of funding. o Rental assistance contracts (if a sponsor is involved). Not applicable to the City’s HOME-ARP TBRA program.
o Income evaluation form containing the minimum requirements specified by HUD and completed by the recipient or subrecipient.
o Source documents for the assets held by the household and income received over the most recent period for which representative data is available before the date of the evaluation (e.g., wage statement, unemployment compensation statement, public benefits statement, bank statement).
o To the extent that source documents are unobtainable, a written statement by the relevant third party (e.g., employer, government benefits administrator) or the wri tten certification by the recipient's or subrecipient's intake staff of the oral verification by the relevant third party of the income the household received over the most recent period for which representative data is available; or
o To the extent that source documents and third-party verification are unobtainable, the written certification by the household of the amount of income the household received for the most recent period representative of the income that the household is reasonably expected to receive over the 3-month period following the evaluation.
o Records demonstrating that for each HOME -ARP TBRA, compliance with the tenant protection requirements of Sections VI.B.19 and VI.C.2, respectively, of this Notice. Records must be kept for each household.
o Records demonstrating that each qualifying household is eligible for HOME -ARP TBRA assistance based on the requirements of HOME-ARP.
o Proof of rental subsidy payments and deposits.
o Tenant selection documentation.
o Records indicating 15 percent limitation on administrative and planning costs. o Records s upporting compliance with Program guideline s for rent standar ds and minimum tenant contributions.
o Compliance with VAWA protections is maintained (see Attachment G). o Records (e.g., inspection reports ) demonstrating that each unit occupied by a qualifying household receiving HOME -ARP TBRA funds, meets the housing quality standards (See Attachment H) at initial occupancy and throughout the household’s term of assistance.  Financial Records:
o Records concerning the HOME-ARP Investment Trust Fund Treasury account and that a local account is required to be established and maintained, including deposits, disbursements, balances, supporting documentation and any other information required by IDIS. o Records demonstrating adequate budget control and other records required by 2 CFR 200.302, including evidence of periodic account reconciliations. o If applicable, r ecords identifying the source and application of program income and repayments.

69 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 22

 Program Administration:
o Records demonstrating compliance with the written agreements. o Records demonstrating compliance with the applicable uniform administrative requirements required by Section VIII.D of the Final Notice.
o Records documenting required inspections, monitoring reviews and audits, and the resolution of any findings or concerns.
 Other Federal Requirements:
o Equal opportunity and fair housing records.
 Data on the extent to which each racial and ethnic group, and single-headed households by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOME ARP funds. Documentation that the City submitted a certification that it will affirmatively further fair housing consistent with HUD’s Interim Final Rule entitled Restoring Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021) (codified at 24 CFR 5.151 and

5.152;), available at : https://www.federalregister.gov/documents/2021/06/10/2021- 12114/restoring affirmatively -furthering-fair-housing-definitions-and-certifications. iii.

Records demonstrating compliance with the nondiscrimination and equal opport unity requirements of 24 CFR 92, Subpart H.
o Records demonstrating compliance with the environmental review requirements of 24 CFR

92.352, 24 CFR part 58, and the Final Notice including flood insurance requirements. o Records demonstrating compliance with the lead-based paint requirements of 24 CFR part 35, subparts A, B, J, K, M and R, as applicable.
o Records supporting compliance with conflict of interest requirements in 24 CFR 92.356, as revised by Section VII.H of this Notice, as well as documentation of an y exceptions granted by HUD or a state PJ, as applicable, to the conflict of interest provisions in 24 CFR 92.356, as revised by Section VII.H of the Final Notice.
 All records pertaining to HOME -ARP TBRA projects must be retained for five years after the period of rental assistance terminates.
 If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period records must be retained until completion of the act ion and resolution of all issues which arise from it, or until the end of the required period, whichever is later.
 The City may create a program participant identifier code or number that can be used on a file and maintained internally, in such a way that the number itself does not inadvertently identify the program participant, (i.e., no use of initials, date of birth, or other pieces of information that might suggest the identity of the program participant). The “key” or “cypher” for the program participant identifier code would itself be confidential and would not leave the provider. In the circumstance of HUD programs, the 93 Unique Personal Identification Number which is generated within the comparable database could be used with auditors to identify re cords of services to distinct individuals, subject to the below requirement.
 Reporting and Performance Reports:
o The City must submit reports in a format and at such time as prescribed by HUD. In addition, HUD and Office of the Inspector General (OIG) staff must be given access, upon reasonable notice, to all information related to the selection, award, and use of HOME-ARP funds. o For HOME-ARP TBRA activities under Section VI.C of The Final Notice, the City must report beneficiary information in IDIS at the time assistance is provided.

70 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 23

ATTACHMENT A
24 CFR Part 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS
24 CFR Part 5 Annual Income Inclusions
Annual income §5.609 .
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12 -month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.
(b) Annual income includes, but is not limited to:
(1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or prof ession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations.

Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawa l is reimbursement of cash or assets invested in the operation by the family;
(3) Interest, dividends, and other net income of any kind from real or personal property.

Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; (4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); 71 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 24

(5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); (6) Welfare assistance payments.
(i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:
(A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and
(B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
(A) The amoun t of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
(B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistanc e is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.
(7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; (8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section).
(9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition and any other required fees and charges, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this parag raph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income.
24 CFR Part 5 Annual Income Exclusions
(c) Annual income does not include the following:
(1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); 72 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 25

(3) Lump -sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
(5) Income of a live-in aide, as defined in §5.403;
(6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; (8) (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out -of-pocket expen ses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program;
(iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not t o exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time;
(v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be receiv ed under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;
(9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
(12) Adoption assistance payments in excess of $480 per adopted child; 73 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 26

(13) [Reserved]
(14) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
(15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;
(16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or
(17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the FEDERAL REGISTER and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be publish ed and distributed when necessary.
(d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

74 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 27

ATTACHMENT B
Asset Inclusions and Exclusions - January 2005

ASSET INCLUSIONS:

1. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the current balance. For checking accounts, use the average 6-month balance. Assets held in foreign countries are considered assets.

2. Cash value of revocable trusts available to the applicant.

3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner-occupied rehabilitation projects.

4. Cash value of stocks, bonds, Treasury bills, certificates of deposit, mutual funds, and money market accounts.

5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty).

6. Retirement and pension funds.

7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy).

8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc.

9. Lump sum or one -time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments.

10. Mortgages or deeds of trust held by an applicant.

ASSET EXCLUSIONS:

1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities.

2. Interest in Indian trust lands.

3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household and that other person is responsible for income taxes incurred on income generated by the asset.

4. Equity in cooperatives in which the family lives.

5. Assets not accessible to and that provide no income for the applicant.

6. Term life insurance policies (i.e., where there is no cash value).

7. Assets that are part of an active business. "Business" does not include rental of properties that are held as an investment and not a main occupation.

75 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 28

ATTACHMENT C

CURRENT INCOME LIMITS FOR LOS ANGELES COUNTY

Household Size:

The link to the official HCD-maintained HOME Income Limits is:

FY 2025 Income Limits Documentation System -- Summary for Los Angeles County, California

76 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 29

ATTACHMENT D

Final FY 2024 (effective 10/01/2023) HUD FMRs By Unit Bedrooms

FY 2025 Fair Market Rent Documentation System — Calculation for Los Angeles-Long Beach- Glendale, CA HUD Metro FMR Area

CURRENT RENT STANDARDS FOR CITY OF LYNWOOD TBRA PROGRAM IS BASED ON 110% OF HUD FMRS BELOW:

Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom

$1,856*

$2,081* $2,625* $3,335 * $3,698*

Note: The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four- bedroom FMR for each extra bedroom. For example, the FMR for a five-bedroom unit is 1.15 times the four-bedroom FMR, and the FMR for a six-bedroom unit is 1.30 times the four-bedroom FMR.

77 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 30

ATTACHMENT E

HOME TENANT-BASED RENTAL ASSISTANCE (TBRA) CONTRACT

LANDLORD NAME & ADDRESS
________________________
________________________
Telephone No. (___)___-____
UNIT NO. & ADDRESS
___________________
___________________
___________________

TENANT NAME(S)
___________________
___________________
___________________

This HOME TBRA Contract ("Contract") is entered into between the City of Lynwood and the Landlord identified above. This Contract applies only to the Tenant family and the dwelling unit identified above.

1. TERM OF THE CONTRACT

The term of this Contract shall begin on 1_______ and end no later than _____ .2 The Contract automatically terminates on the last day of the term of the Lease.

2. RENT AND AMOUNTS PAYABLE BY TENANT AND THE CITY OF LYNWOOD

A. Initial Rent . The initial total monthly rent payable to the Landlord for the 12 months of this Contract is $______________.

B. Rent Adjustments. With no less than 60 days’ notice to the Tenant and the City of Lynwood, the owner may propose a reasonable adjustment to be effective no earlier than 60 days from the date of notice. The proposed rent may be rejected by either the Tenant or the City of Lynwood. The Tenant may reject the proposed rent by providing the Landlord with 30 days' written notice of intent to vacate. If the City of Lynwood rejects the proposed rent, the City of Lynwood must give both the Tenant and the Landlord 30 days' notice of intent to terminate the Contract.

C. Tenant Share of the Rent . Initially, and until such time as both the Landlord and the Tenant are notified by the City of Lynwood, the Tenant's share of the rent shall be $_______________.

D. The City of Lynwood Share of the Rent . Initially, and until such time as both the Landlord and Tenant are notified by the City of Lynwood, the City of Lynwood’s share of the rent shall be $_________. Neither the City of Lynwood nor the United States Department of Housing and Urban Development (“HUD”) assumes any obligation for the Tenant's rent, or for payment of any claim by the Landlord against the Tenant. City of Lynwood’s obligation is limited to making rental payments on behalf of the Tenant in accordance with this Contract.

E. Payment Conditions. The right of the Landlord to receive p ayments under this Contract shall be subject to compliance with all of the provisions of the Contract. The Landlord shall be paid under this Contract on or about the first day of the month for which the payment is due. The Landlord agrees that the endorsement on the check shall be conclusive evidence that the Landlord received the full amount due for the month, and shall be a certification that:

1 Insert the date assistance starts.
2 The maximum allowable length of a HOME TBRA contract is twelve (12) months. 78 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 31

1. the Contract unit is in decent, safe, and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease.

2. the Contract unit is leased to and occupied by the Tenant named above in this Contract.

3. the Landlord has not received and will not receive any payments as rent for the Contract unit other than those identified in this Contract.

4. to the best of the Landlord’s knowledge, the unit is used solely as the Tenant’s principal place of residence.

F. Overpayments. If the City of Lynwood determines that the Landlord is not entitled to any payments received, in addition to other remedies, the City of Lynwood may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other HOME TBRA Contract.

3. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES

A. The Landlord agrees to maintain and operate the Contract unit and related facilities to provide decent, safe, and sanitary housing in accordance with 24 CFR Section 982.401, including all of the services, maintenance and utilities agreed to in the Lease.

B. The City of Lynwood shall have the right to inspect the Contract unit and related facilities at least annually, and at such other times as may be necessary to assure that the unit is in decent, safe, and sanitary condition, and that required maintenance, services and utilities are provided.

C. If the City of Lynwood determines that the Landlord is not meeting these obligations, the City of Lynwood shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City of Lynwood share of the rent and/or terminate the Contract.

4. TERMINATION OF TENANCY

The Landlord may evict the Tenant following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the ter mination and notify the Program Administrator in writing when eviction proceedings are begun. This may be done by providing the Program Administrator with a copy of the required notice to the tenant.

5. FAIR HOUSING REQUIREMENTS

A. Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, sexual orientation, gender identity, disability, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing Requirements insures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City of Lynwood, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord.

B. Cooperation in Quality Opportunity Compliance Reviews . The Landlord shall comply with the City of Lynwood in conducting compliance reviews and complaint investig ations pursuant to all applicable civil rights statutes, Executive Orders and all related rules and regulations.

6. CITY OF LYNWOOD AND HCD/HUD ACCESS TO LANDLORD RECORDS

79 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 32

A. The Landlord shall provide any information pertinent to this Contract which the City of Lynwood or HUD may reasonably require.

B. The Landlord shall permit the City of Lynwood, HCD or HUD, or any of their authorized representatives, to have access to the premises and, for the purposes of audit and examination, to have access to any books, documents, papers, and records of the Landlord to the extent necessary to determine compliance with this Contract.

7. RIGHTS OF THE CITY OF LYNWOOD IF LANDLORD BREACHES THE CONTRACT

A. Any of the following shall constitute a breach of the Contract:

(1) If the Landlord has violated any obligation under this Contract; or

(2) If the Landlord has demonstrated any intention to violate any obligation under this Contract; or

(3) If the Landlord has committed any fraud or made any false statement in connection with the Contract or has committed fraud or made any false statement in connection with any Federal housing assistance program.

B. The City of Lynwood right and remedies under the Contract include recovery of overpayments, termination or reduction of payments, and termination of the Contract. If the City of Lynwood determines that a breach has occurred, the City of Lynwood may exercise any of its rights or remedies under the Contract. The City of Lynwood shall notify the Landlord in writing of such determination, including a brief statement of the reasons for the determination. The notice by the City of Lynwood to the landlord may require the Landlord to take corrective action by a time prescribed in the notice.

C. Any remedies employed by the City of Lynwood in accordance with this Contract shall be effective as provided in a written notice by the City of Lynwood to the Landlord. The City of Lynwood exercise or non-exercise of any remedy shall not constitute a waiver of the right to exercise that or any other right or remedy at any time.

8. THE NAME OF STATE RECIPIENT’S RELATION TO THIRD PARTIES

A. The City of Lynwood does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Contract, or as a result of any other action or failure to act by the Landlord.

B. The Landlord is not the agent of the City of Lynwood and this Contract does not create or affect any relationship between the City of Lynwood and any lender to the Landlord, or any suppliers, employees, contractors, or subcontractors used by the Landlord in connection with this Contract.

B. Nothing in this Contract shall be construed as creating any right of the Tenant or a third party (other than HCD and HUD) to enforce any provision of this Contract or to assess any claim against HUD, HCD, the City of Lynwood or the Landlord under this Contract.

8. CONFLICT OF INTEREST PROVISIONS

No employee of the City of Lynwood, Name of Program Administrator, or HCD who formulates policy or influences decisions with respect to the Rental Assistance Program, and no public official or member 80 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 33

of a governing body or state of local legislator who exercise his functions or responsibilities with respect to the program shall have any direct or indirect interest during this person's tenure, or for one year thereafter, in this contract or in any proceeds or benefits arising from the Contract or to any benefits which may arise from it.

10. TRANSFER OF THE CONTRACT

The Landlord shall not transfer in any form this Contract without the prior written consent of the City of Lynwood. The City of Lynwood shall give its consent to a transfer if the transferee agrees in writing (in a form acceptable to the City of Lynwood) to comply with all terms and conditions of this Contract.

11. ENTIRE AGREEMENT: INTERPRETATION

A. This Contract contains the entire a greement between the Landlord and the City of Lynwood. No changes in this Contract shall be made except in writing signed by both the Landlord and the City of Lynwood.

B. The Contract shall be interpreted and implemented in accordance with HUD requirements.

12. WARRANTY OF LEGAL CAPACITY AND CONDITION OF UNIT

A. The Landlord warrants the unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 982.401, and that the Landlord has the legal right to lease the dwelling unit covered by this Contract during the Contract term.

B. The party, if any, executing this Contract on behalf of the Landlord hereby warrants that authorization has been given by the Landlord to execute it on behalf of the Landlord.

Landlord Name (Type or Print): The City of Lynwood’s Representative:

(Signature/Date)

WARNING: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uses a document or writing containing any false, fictitious, or fraudulent statements or entries, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000, or imprisoned for not more than five years, or both.

81 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 34

ATTACHMENT F

LEASE ADDENDUM

TENANT

LANDLORD UNIT NO. & ADDRESS

This Lease Addendum (“Addendum”) adds the following paragraphs to the Lease between the Tenant and Landlord referred to above.

A. Purpose of the Addendum. The Tenant Lease for the above -referenced unit is being amended to include the provisions of this Addendum because the Tenant has been approved to receive rental assistance under the City of Lynwood’s HOME Tenant-Based Rental Assistance Program operated by the Program Administrator. Under the HOME Rental Assistance Program, the City of Lynwood will make monthly payments to the Landlord on behalf of the Tenant pursuant to the HOME TBRA Contract (Attachment H).

B. Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.

C. Terms of the Lease. The tenant lease shall continue until: (1) the Lease is terminated by the Landlord in accordance with applicable state and local Tenant/Land lord laws; or (2) the Lease is terminated by the Tenant in accordance with the Lease or by mutual agreement during the term of the Lease.

D. Rental Assistance Payment. Each month the City of Lynwood will make a rental assistance payment to the Landlord on behalf of the Tenant. This payment shall be credited by the Landlord toward the monthly rent payable by the Tenant. The balance of the monthly rent shall be paid by the Tenant.

E. Utilities and Appliances. The utilities and appliances listed in Column 1 are provided by the Landlord and included in the rent. The utilities and appliances listed in Column 2 below are not included in the rent and are paid separately by the Tenant.

UTILITY/APPLIANCE Included in Rent Tenant-Paid
Garbage Collection
Water/Sewer
Heating Fuel (specify)
Lights, electric
Cooking Fuel (specify)
Other (specify)
Refrigerator
Stove/Range

82 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 35

F. Household Members. Household members authorized to live in this unit are listed below. The Tenant may not permit other persons to join the Household without notifying the City of Lynwood and obtaining the Landlord's permission. Household members:

G. Housing Quality Standards . The Landlord shall maintain the dwelling unit, common areas, equipment, facilities and appliances in decent, safe, and sanitary condition (as determined by Section 8 Housing Quality Standards).

H. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local laws. The landlord must provide the Tenant with at least 30 days' written notice of the termination. The Landlord must notify the City of Lynwood in writing when eviction proceedings have begun. This may be done by providing the City of Lynwood with a copy of the required notice to the Tenant.

I. Prohibited Lease Provision. Any provision of the Lease which falls within the classifications below shall not apply and not be enforced by the Landlord.

(1) Confession of Judgme nt. Consent by the Tenant to be sued, to admit guilt, or to a judgment in favor of the Landlord in a lawsuit brought in connection with the Lease.

(2) Treatment of Property. Agreement by the Tenant that the Landlord may take or hold the Tenant's property or may sell such property without notice to the Tenant and a court decision on the rights of the parties.

(3) Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold the Landlord or Landlord's agent legally responsible for any action or failure to act, whether intentional or negligent.

(4) Waiver of Legal Notice . Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant.

(5) Waiver of Court Proceedings for Eviction. Agreement by the Tenant that the Landlord may evict the Tenant Family (i) without instituting a civil court proceeding in which the Family has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties.

(6) Waiver of Jury Trial . Authorization to the L andlord to waive the Tenant's right to a trial by jury.

(7) Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's right to appeal a court decision or waive the Tenant's right to sue to prevent a judgment from being put into effect.

(8) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of the Lawsuit.

Agreement by the Tenant to pay lawyer's fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins.

J. Nondiscrimination. The Landlord shall not discriminate against the Tenant in the provision of services, or in any other manner, on the grounds of age, race, color, creed, religion, sex, sexual orientation, gender identity disability, national origin, or familial status. 83 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 36

TENANT SIGNATURES LANDLORD SIGNATURES
By:
(Type or Print Name of Tenant Representative)
LANDLORD NAME:

(Signature/Date)
By:
(Type or Print Name of Landlord Representative)
By:
(Type or Print Name of Tenant Representative)

(Signature/Date)

84 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 37

ATTACHMENT G

ADDITIONAL LEASE ADDENDUM
VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005

TENANT

LANDLORD UNIT NO. & ADDRESS

This lease addendum adds the following paragraphs to the Lease between the above-referenced Tenant and Landlord.

Purpose of the Addendum

The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA).

Conflicts with Other Provisions of the Lease

In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.

Term of the Lease Addendum

The effective date of this Lease Addendum is ______________. This Lease Addendum shall continue to be in effect until the Lease is terminated.

VAWA Protections

1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious or repeated violations of the lease or other “good cause ” for termination of assistance, tenancy or occupancy rights of the victim of abuse.

2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant ’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that abuse.

3. The Landlord may request in writing that the victim, or a family member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction.

85 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 38

ATTACHMENT H
24 CFR § 982.401 Housing Quality Standards (HQS)

(a) Performance and acceptability requirements.

(2) This section states the housing quality standards (HQS) for housing assisted in the programs.

(i) The HQS consist of:
(A) Performance requirements; and
(B) Acceptability criteria or HUD approved variations in the acceptability criteria. (ii) This section states performance and acceptability criteria for these key aspects of housing quality:
(A) Sanitary facilities;
(B) Food preparation and refuse disposal;
(C) Space and security;
(D) Thermal environment;
(E) Illumination and electricity;
(F) Structure and materials;
(G) Interior air quality;
(H) Water supply;
(I) Lead-based paint;
(J) Access;
(K) Site and neighborhood;
(L) Sanitary condition; and
(M) Smoke detectors.

(3) All program housing must meet the HQS performance requirements both at commencement of assisted occupancy, and throughout the assisted tenancy.

(4)
(i) In addition to meeting HQS performance requirements, the housing must meet the acceptability criteria stated in this section, unless variations are approved by HUD. (ii) HUD may approve acceptability criteria variations for the following purposes:
(A) Variations which apply standards in local housing codes or other codes adopted by the PHA; or
(B) Variations because of local climatic or geographic conditions. (iii) Acceptability criteria variations may only be approved by HUD pursuant to paragraph (a)(4)(ii) of this section if such variations either:
(A) Meet or exceed the performance requirements; or
(B) Significantly expand affordable housing opportunities for families assisted under the program.
(iv) HUD will not approve any acceptability criteria variation if HUD believes that such variation is likely to adversely affect the health or safety of participant families, or severely restrict housing choice.

(b) Sanitary facilities—
(1) Performance requirements. The dwelling unit must include sanitary facilities located in the unit. The sanitary facilities must be in proper operating condition, and adequate for personal cleanliness and the disposal of human waste. The sanitary facilities must be usable in privacy.

(2) Acceptability criteria.
86 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 39

(i) The bathroom must be located in a separate private room and have a flush toilet in proper operating condition.
(ii) The dwelling unit must have a fixed basin in proper operating condition, with a sink trap and hot and cold running water.
(iii) The dwelling unit must have a shower or a tub in proper operating condition with hot and cold running water.
(iv) The facilities must utilize an approvable public or private disposal system (including a locally approvable septic system).

(c) Food preparation and refuse disposal—
(1) Performance requirement.
(i) The dwelling unit must have suitable space and equipment to store, prepare, and serve foods in a sanitary manner.
(ii) There must be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g, garbage cans).

(2) Acceptability criteria.
(i) The dwelling unit must have an oven, and a stove or range, and a refrigerator of appropriate size for the family. All of the equipment must be in proper operating condition. The equipment may be supplied by either the owner or the family. A microwave oven may be substituted for a tenant - supplied oven and stove or range. A microwave oven may be substituted for an owner -supplied oven and stove or range if the tenant agrees and microwave ovens are furnished instead of an oven and stove or range to both subsidized and unsubsidized tenants in the building or premises. (ii) The dwelling unit must have a kitchen sink in proper operating condition, with a sink trap and hot and cold running water. The sink must drain into an approvable public or private system. (iii) The dwelling unit must have space for the storage, preparation, and serving of food. (iv) There must be facilities and services for the sanitary disposal of food waste and refuse, including temporary storage facilities where necessary (e.g., garbage cans).

(d) Space and security—
(1) Performance requirement. The dwelling unit must provide adequate space and security for the family.

(2) Acceptability criteria.
(i) At a minimum, the dwelling unit must have a living room, a kitchen area, and a bathroom. (ii) The dwelling unit must have at least one bedroom or living/sleeping room for each two persons.

Children of opposite sex, other than very young children, may not be required to occupy the same bedroom or living/sleeping room.
(iii) Dwelling unit windows that are accessible from the outside, such as basement, first floor, and fire escape windows, must be lockable (such as window units with sash pins or sash locks, and combination windows with latches). Windows that are nailed shut are acceptable only if th ese windows are not needed for ventilation or as an alternate exit in case of fire. (iv) The exterior doors of the dwelling unit must be lockable. Exterior doors are doors by which someone can enter or exit the dwelling unit.

(e) Thermal environment—
(1) Performance requirement. The dwelling unit must have and be capable of maintaining a thermal environment healthy for the human body.

(2) Acceptability criteria.
(i) There must be a safe system for heating the dwelling unit (and a safe cooling system, wher e present). The system must be in proper operating condition. The system must be able to provide 87 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 40

adequate heat (and cooling, if applicable), either directly or indirectly, to each room, in order to assure a healthy living environment appropriate to the climate. (ii) The dwelling unit must not contain unvented room heaters that burn gas, oil, or kerosene.

Electric heaters are acceptable.

(f) Illumination and electricity—
(1) Performance requirement. Each room must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. The dwelling unit must have sufficient electrical sources so occupants can use essential electrical appli ances. The electrical fixtures and wiring must ensure safety from fire.

(2) Acceptability criteria.
(i) There must be at least one window in the living room and in each sleeping room. (ii) The kitchen area and the bathroom must have a permanent ceiling or wall light fixture in proper operating condition. The kitchen area must also have at least one electrical outlet in proper operating condition.
(iii) The living room and each bedroom must have at least two electrical outlets in proper operating condition. Permanent overhead or wall -mounted light fixtures may count as one of the required electrical outlets.

(g) Structure and materials—
(1) Performance requirement. The dwelling unit must be structurally sound. The structure must not present any threat to the health and safety of the occupants and must protect the occupants from the environment.

(2) Acceptability criteria.
(i) Ceilings, walls, and floors must not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling, missing parts, or other serious damage. (ii) The roof must be structurally sound and weathertight. (iii) The exterior wall structure and surface must not have any serious defects such as serious leaning, buckling, sagging, large holes, or defects that may result in air infiltration or vermin infestation.
(iv) The condition and equipment of interior and exterior stairs, halls, porches, walkways, etc., must not present a danger of tripping and falling. For example, broken or missing steps or loose boards are unacceptable.
(v) Elevators must be working and safe.

(h) Interior air quality—
(1) Performance requirement. The dwelling unit must be free of pollutants in the air at levels that threaten the health of the occupants.

(2) Acceptability criteria.
(i) The dwelling unit must be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful pollutants. (ii) There must be adequate air circulation in the dwelling unit. (iii) Bathroom areas must have one openable window or other adequate exhaust ventilation. (iv) Any room used for sleeping must have at least one window. If the window is designed to be openable, the window must work.

(i) Water supply—
(1) Performance requirement. The water supply must be free from contamination.

88 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 41

(2) Acceptability criteria. The dwelling unit must be served by an approvable public or private water supply that is sanitary and free from contamination.

(j) Lead-based paint performance requirement. The Lead-Based Paint Poisoning Prevention Act (42 .S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, M, and R of this title apply to units assisted under this part.

(k) Access performance requirement. The dwelling unit must be able to be used and maintained without unauthorized use of other private properties. The building must provide an alternate means of exit in case of fire (such as fire stairs or egress through windows).

(l) Site and Neighborhood—
(1) Performance requirement. The site and neighborhood must be reasonably free from disturbing noises and reverberations and other dangers to th e health, safety, and general welfare of the occupants.

(2) Acceptability criteria. The site and neighborhood may not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks or steps; instability; flooding, poor drainage, septic tank back-ups or sewage hazards; mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards.

(m) Sanitary condition—
(1) Performance requirement. The dwelling unit and its equipment must be in sanitary condition. (2) Acceptability criteria. The dwelling unit and its equipment must be free of vermin and rodent infestation.

(n) Smoke detectors performance requirement—
(1) Except as provided in paragraph (n)(2) of this section, each dwelling unit must have at least one battery-operated or hard-wired smoke detector, in proper operating condition, on each level of the dwelling unit, including basements but excepting crawl spa ces and unfinished attics. Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74 (or its successor standards). If the dwelling unit is occupied by any hearing-impaired person, - smoke detectors must have an alarm system, designed for hearing-impaired persons as specified in NFPA 74 (or successor standards).

(2) For units assisted prior to April 24, 1993, owners who installed battery-operated or hard-wired smoke detectors prior to April 24, 1993 in compliance with HUD's smoke detector requirements, including the regulations published on July 30, 1992, (57 FR 33846), will not be required subsequently to comply with any additional requirements mandated by NFPA 74 (i.e., the owner would not be required to install a smoke detector in a basement not used for living purposes, nor would the owner be required to change the location of the smoke detectors that have already been installed on the other floors of the unit).

89 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 42

ATTACHMENT I

HOUSING QUALITY STANDARDS (HQS) INSPECTION FORMS

The TBRA Program will use the following HQS Inspection Form, which may be printed and attached below:

52580A.PDF
90 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 43

ATTACHMENT J
HOME-ARP Tenant-Based Rental Assistance (TBRA) Program
Tenant Selection Plan

The Tenant Selection Plan and Outreach Strategy is part of the City of Lynwood’s HOME Tenant-Based Rental Assistance (TBRA) Program, utilizing HOME-ARP funding, administered by City of Lynwood.

TBRA Policies Affecting Marketing and Tenant Selection

Target Population
HOME TBRA will be targeted to individuals and their household members with income at or below 60% of the Area Median Income (AMI) at the time the TBRA rental assistance is provided to the participant.

Program Eligibility Requirements
This program is designed for households whose monthly rent and utility costs exceed 30% of their adjusted household income. Prior to occupancy, an applicant must qualify under all HOME eligibility criteria.

Income Limits are established by HUD and adjusted annually The household’s annual income may not exceed the applicable HOME income limit for the household size.

Current income limits can be viewed at FY 2025 Income Limits Documentation System -- Summary for Los Angeles County, California (See Attachment C). 90% of the City’s TBRA rental Assistance Program must be at or below 60% AMI. At no time shall the household be above 80% AMI.

Preferences
Preferences affect only the order of applicants on the wait list. They do not make anyone eligible who was not otherwise eligible, and they do not change the City of Lynwood’s screening criteria. Preference shall be given to applicants who live or within the City of Lynwood, city limits.

Applying the Preferences
At the time of application, the applicant household certifies whether or not it is eligible for a preference.

All information supplied in support of the applicant ’s eligibility for a preference must be verified. This information will be verified at the time of application.

Wait List
For placement on the Lynwood’s HOME TBRA wait list, applicants must complete an application and relevant consent forms. Placement on the wait list does not constitute acceptance. Further eligibility acceptance and screening is required prior to approval of assistance. Applicants will be placed on the wait list in chronological order by the date the complete application is received.

The City of Lynwood will maintain one wait list. All applications will be date and time stamped when they are received.

Applicants under the age of 18 will be processed only if they are emancipated in accordance with State law or if State law requires housing be made available to minors.

Announcement and Marketing
Public announcement will be made per the Affirmative Fair Housing Marketing Plan.

91 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 44

Application Process
Application packets can be obtained from the City of Lynwood via in-person or online. Application packets can be mailed or emailed to anyone interested in receiving one. Detailed instructions will be included with the application packet on how to deliver the completed application.

Applications will be accepted by mail to the City of Lynwood, in person from the office where they were obtained, or online on the City’s website.

Each rejected applicant will be promptly notified in writing of the reason(s) for rejection. This notice will advise the applicant that he/she may within fourteen (14) calendar days of the date of the notice, request in writing a meeting by telephone to discuss the reasons for rejection.

Should the applicant request a meeting to discuss the rejection, it will be conducted by the City of Lynwood.

The applicant will be advised in writing of the results of this meeting within five (5) business days.

Process for Opening and Closing the Wait List

Opening the Wait List:

A classified ad will be placed in the local newspaper. Advertisements will include how, where and when to apply and will conform to the advertising and outreach activities described in the Affirmative Fair Housing Marketing Plan.

Closing the Wait List:

The wait list will be closed when the available Program funds have been fully committed. At that time, the City of Lynwood will no longer accept additional applications.

Occupancy Standards
Occupancy standards are based on the following:

Rental-Assisted Unit Number of Persons Bedroom Size Minimum Maximum
One Bedroom 1 2
Two Bedroom 2 4
Three Bedroom 3 6
Four Bedroom 4 8

In addition, household composition is taken into account and unit size is also based on the following:

a) Will count all full-time members of the household;
b) Will count all persons under the age of 18 anticipated to reside in a unit ( Examples include children expected to be born to pregnant women, children who are in the process of being adopted by an adult, children whose custody is being obtained by an adult, children who are subject to a joint custody agreement but who live in the apartment at least 50 % of the time, foster children who will reside in the apartment, children who are temporarily absent due to placement in a foster home);
c) Will count live-in attendants; and
d) Will count children who are away at school, but live with the family during school recesses.

Participant Relocation
A recipient household may move to a new unit during the lease term only:
 When a mutual agreement between the City of Lynwood and the recipient has been signed; or 92 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 45

 For good cause (the recipient must provide documentation such as police reports, court order s, etc.); and
 Within the Program service area as described on the cover page of these Program Guidelines

In either case, the recipient must provide proper notice (30-day written notice) to the City of Lynwood and the Property Manager prior to initiating a move.

Unit Inspections
Unit(s) will be inspected within 30 days prior to the first assistance payment by the Program Inspector.

However, the City of Lynwood is authorized to inspect the unit(s) at any time. Residents will be notified in writing 48 hours in advance of unit inspections.

Annual inspections are performed by the Program Inspector to determine whether the unit continues to meet minimum HQS standards and to ensure the units are safe, clean and free of damages.

Annual Recertification
Annual recertification does not apply to the HOME-ARP TBRA Program. If the City intends to approve an ongoing HOME TBRA Program the following Annual Recertification Process would apply:

Recertification is the process by which all information, income, assets and certain expenses regarding the applicant(s) eligibility for TBRA assistance is reviewed and the amount of that assistance is re -computed. The City of Lynwood shall provide reminder notices to residents informing them of their responsibility to provide inf ormation about changes in family income or composition that are necessary to properly complete an annual recertification. The notification shall be in writing and shall include a list of information that residents are required to bring with them to their recertification interview. This list shall include documentation needed to support the recipients’ household income as well as documentation to support any deductions they may be eligible to receive.

All recipient households are subject to annual recertification. The City of Lynwood shall annually recertify all tenants that receive TBRA assistance. This is not an option but a requirement to receive assistance.

The annual recertification process begins 120 days prior to the recipient household ’s effect ive assistance/move-in date. Recipients will interview with the City of Lynwood or its designee to determine continued eligibility on the project. Information reported in the interview will be verified by sending out third -party verification forms. The recertification process is a time -sensitive process. Timely completion includes the issuance of the required 30-day notice of a rent change.

The annual recertification must be completed by the 10
th
day of the eleventh month following the
recipients’ last annual recertification or assistance/move-in certification.

Interim Recertification
To ensure that recipients pay rents commensurate with their ability to pay, recipients must supply information requested by the City of Lynwood for use in an interim rec ertification of family income and composition in accordance with HOME TBRA requirements.

1. Recipients must notify management when:
a. A household member moves out of the unit;
b. The household proposes to move a new member into the unit; c. The household’s income cumulatively increases by ten percent (10%) or more per month. d. An adult member of the household who becomes unemployed or employed.

93 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 46

2. Recipients may request an interim recertification if circumstances occur since the last recertification that may affect their TBRA assistance payment. Changes a recipient may report include the following:

a. Decreases in income including, but not limited to, loss of employment, reduction in number of hours worked by an employed household member, and loss or reduction of welfare income; b. Increases in allowances including, but not limited to, increased medical expenses, and higher childcare costs; and
c. Other changes affecting the calculation of a household ’s annual or adjusted income incl uding, but not limited to, a household member turning 62 years old, becoming a full -time student, or becoming a person with a disability.

If the City of Lynwood learns that a recipient household has failed to report a change in income or family composition, the following steps will be taken:

a. Refer the recipient to the lease and/or TBRA Eligibility Agreement clauses that require the interim recertification;
b. Give the recipient ten (10) calendar days to respond to the notice; and c. Inform the recipient that his or her assistance may change.

Once the recipient household responds to the notice and supplies the required information, or if a recipient household reports a change and initiates an interim recertification, the City of Lynwood will process the recertification and will implement changes as follows:
a. TBRA Assistance Increases (tenant share decreases): the City of Lynwood will implement any resulting TBRA assistance increase effective the first of the month following the date that the change/action occurred.
b. TBRA Assistance Decreases (tenant share increases): Any resulting TBRA assistance decrease will be implemented effective the first day of the month following a 30-day notice.

If the recipient household fails to respond within ten (10) calendar days, the City of Lynwood may terminate assistance with a written 30-day notice.

Violence Against Women Act (VAWA)
Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person ’s acts under the domestic or family violence laws of the jurisdiction.

Dating Violence means violence committed by a person:

A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and B) where the existence of such a relationship sh all be determined based on a consideration of the following factors:
(i) the length of the relationship;
(ii) the type of relationship; and
(iii) the frequency of interaction between the persons involved in the relationship.

Stalking means:

A) (i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass or intimidate; or (ii) to place under surveillance with the intent to kill, injure, or intimidate another person; and B) in the course of, or as a result of, such followi ng, pursuit, surveillance or repeatedly committed acts to a place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (i) that person; (ii) a member of the immediate family of that person; 94 CITY OF LYNWOOD – TBRA PROGRAM GUIDELINES 47

or (iii) the spouse or intimate partner of that person.

Immediate Family Member means, with respect to a person:

A) a spouse, parent, brother or sister, or child of the person, or an individual to whom that person stands in loco parentis (in place of a parent); or
B) any other person living in the household of that person and related to that person by blood or marriage.

The VAWA protections apply to families applying for or receiving rental assistance payments under the HOME TBRA Program. An applicant cannot be denied admission because he/she has been a victim of domestic violence, dating violence or stalking. Domestic violence, dating violence or stalking is not good cause for the eviction of the victim of that violence. An incident of actual or threatened domestic violence, dating violence, or stalking does not qualify as a serious or repeated violation of the lease nor does it constitute good cause for terminating the assistance, tenancy or occupancy rights of the victim.

Furthermore, criminal act ivity directly relating to domestic violence, dating violence or stalking is not grounds for terminating the victim’s tenancy. The Lease Addendum must contain language that makes it clear that domestic violence, dating violence or stalking is not good cau se for evicting the victim of that violence. Applicants who are or have been victims of domestic violence or stalking or encouraged to complete the HUD approved Certification of Domestic Violence, Dating Violence or Stalking (Form HUD- 91066). The Program Administrator will allow the landlord to bifurcate or divide the lease as a matter of law so that certain offending tenants can be evicted or removed while the remaining household member ’s lease and occupancy rights are allowed to remain intact.

Eligibility Agreement
The City of Lynwood will issue an Eligibility Agreement to the recipient which will allow the recipient to remain in their unit and/or locate an acceptable unit, when a recipient ’s current unit is not eligible, based on its condition or lack of rent reasonableness.

Special Accommodations and Compliance with Section 504 Requirements The City of Lynwood is committed to providing all persons with equal access to its services, activities, education, and employment regardless of race, color, sex, sexual orientation, ethnic origin, gender identity, religion, disability, or age of any member of an applicant family.

95 RESOLUTION NO. ________________

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

LOS ANGELES, STATE OF CALIFORNIA APPROVING THE CITY OF LYNWOOD

HOME-ARP TENANT-BASED RENTAL ASSISTANCE (TBRA) GUIDELINES

WHEREAS, the Lynwood City Coun cil approved Resolution No. 202 3.026 approving the Substantial Amendment No #1 to the CDBG Fiscal Year 2021 -2022 Annual Action Plan and approving the HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) Allocation Plan; and

WHEREAS, on March 21 , 2023, the Lynwood City Council approved a Tenant Based Rental Assistance (TBRA) Program and the appropriation of HOME-ARP funds for program implementation; and

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is the federal agency that promulgates regulations and oversees the administration of the HOME Program; and

WHEREAS, HUD requires entitlement jurisdictions to have TBRA program guidelines in place; and

WHEREAS, HOME-ARP TBRA Guidelines mirror HOME requirements and specify how the City of Lynwood intends to implement the ir HOME-ARP TBRA Program.

WHEREAS, The City was allocated $1,967,319 in HOME-ARP funds.

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

Section 1. Approves and adopts the HOME-ARP Tenant Based Rental Assistance Guidelines.

Section 2. There is no fiscal impact to the General Fund . The total HOME -ARP Grant Program funding is $1,967,319.

Section 3. That the City Manager or designee is authori zed to execute the budget adjustment and the Finance Director is directed to make the following fund appropriation:

Revenue:

Fund Dept. Object Description Amount
2961 51 36253 HOME-ARP Grant Revenue $1,967,319
96 Expenditure:

Fund Dept Div Object Description Amount
2961 51 863 60001 Salaries Wages $202,047
2961 51 863 67473 Housing & Utility Assistance $500,000 2961 51 863 62015 Prof & Contractual Svcs $672,222
2961 51 863 67915 Project Improvement Costs $500,000

Section 4. This Resolution shall take effect immediately upon its adoption.

Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF NOVEMBER 2025.

__________________________
Rita Soto, Mayor

ATTEST:

___________________________ __________________________
Maria Quinonez, City Clerk Gabriel A. Gonzalez,
Interim City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________ __________________________
Noel Tapia, City Attorney Wayne M. Morrell,
Interim Director of Community Development

97 AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo P.E., Public Works Director
SUBJECT:

SALE OF CITY SURPLUS VEHICLES AND EQUIPMENT
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 DECLARING

CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND

AUTHORIZING STAFF TO DISPOSE OF SURPLUS PROPERTY THROUGH PUBLIC AUCTION SITE GOVDEALS.”
Background:

The City periodically evaluates its fleet and equipment inventory to ensure operational efficiency and cost-effectiveness. Certain vehicles and equipment have reached the end of their useful life, are no longer needed for City operations, or have become cost-prohibitive to maintain. Disposing of surplus property through a public auction site such as GovDeals provides a transparent and efficient method to recover value from these assets while freeing space and resources for needed replacements.

The purpose of this item is to declare 13 vehicles and 1 machinery equipment in the City’s inventory as surplus property and to dispose of the surplus property through GovDeals. The vehicles and equipment listed are non-operational, obsolete, and are no longer being used. (PW)
City Council City Council Regular Meeting 98
Discussion and Analysis:

Staff has identified various City vehicles and equipment that can be declared as surplus (Attachment A). The vehicles and equipment are currently being stored at the city armory lot and the Public Works Yard. Staff has evaluated the conditions of the vehicles and equipment and recommends the disposal of the vehicles through a public auction.

These items are no longer required for City operations, and continued maintenance would incur unnecessary costs. By using GovDeals, the City can publicly market the items to interested buyers, ensuring fair market value is obtained. The auction process also eliminates the administrative burden of managing private sales and provides a transparent method consistent with municipal best practices.

Lynwood Municipal Code section 6-3.13 provides that “personal property of the City which has been determined by the City Council to be surplus to the needs of the City may be sold by the purchasing officer either in the form of a trade in for credit against the purchase of new personal property similar in character or through public sale which shall be noticed and constructed in the manner deemed most appropriate by the purchasing officer”.

At the October 1, 2024 City Council meeting, Council approved GovDeals to serve as the City’s auctioneering company to dispose of surplus property. GovDeals provides a turn-key operation to cities, counties, utility companies and other agencies. The company schedules, monitors, and conducts the auction as well as schedules pick-up of vehicles and equipment.

Additionally, disposing of these surplus items allows the City to:

Reduce storage and maintenance costs for obsolete equipment.

Reallocate resources and budget toward replacement vehicles and equipment that better meet operational needs.

Ensure compliance with municipal policies for asset disposa l.

Staff recommends that the City Council declare the list of attached vehicles and equipment as surplus property and authorize staff to dispose of surplus property through public auction site GovDeals.

Fiscal Impact:

There is no cost to the City to use GovDeals. The revenue generated from the sale of the surplus City Property will depend on the highest bidding price per vehicle and equipment. The City generated $127,515.00 during the last sale of surplus vehicles and equipment. Such revenue will be deposited into fund 7071.71.36101.

City Council City Council Regular Meeting 99
10-7-25
GovDeals Online Auction Memo of Understanding.pdf
List of Surplus Vehicles and Equipment.docx
Resolution - City_Surplus_and_Obsolete_Vehicles.docx
Coordinated With:

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

Description
City Council City Council Regular Meeting 100
GovDeals Memo of Understanding – V14 3.21.2023 1

Liquidity Services Operations LLC dba
GovDeals
Online Auction Memo of Understanding

This Online Auction Memo of Understanding (MOU) is between Liquidity Services Operations LLC dba GovDeals , a Delaware corporation having its principal place of business at 100 Capitol Commerce Boulevard - Suite 110 - Montgomery, Alabama, 36117 and the City of Lynwood (“Client”), having its principal place of business at 11330 Bullis R oad – Lynwood, California 90262.

1.0 Description of Services : GovDeals provides a means for Client to post ass ets for sale and for potential buyers to bid on these assets via an online auction system. Although GovDeals provides system access for Client to list assets, GovDeals is not a party to the actual sale and has no control over the list ed information or the ability of the buyer and Client to complete the transaction.

2.0 GovDeals’ Responsibilities: In addition to maintaining and operating an online auction system, GovDeals will provide Client with the following services for the period agreed to in 5.0 below:

2.1 Access to a GovDeals online “ Seller Asset Management ” ( SAM), which will allow Client to load assets to the online auction system, maintain information about assets and view and run reports. The SAM will provide Client with the following capabilities:

• Accept descriptive information concerning an asset including unlimited photos • Allow different auction phases based upon dates and times • Allow Client to set minimum starting prices, bid increments and reserves

2.2 Training and support servic es to assist Client in implementing the GovDeals online auction system, which will include:

• Familiarization with the nature and operation of SAM
• Guidance in the posting of assets and provide ongoing support • Procedures for taking and posting pictures of assets
• Based on mutual agreement between GovDeals and Client, training and support services will be provided on-site or via telephone or Internet

2.3 Help Desk support available via telephone or email during normal business hours, except announced holidays.

2.4 Provide marketing o f assets posted to the online auction site and promote use of the site to potential buyers.
• Work with Client to identify items that may benefit from marketing attention. • Provide documented proof of all marketing efforts made on behalf of Client. • Assist in determining values and starting prices for unique and high value assets.

3.0 Fees: The Client pays 0% and the winning bidder pays a 12.50% Buyers Premium.

4.0 Payment:

4.1 GovDeals will collect auction proceeds electronically via PayPal, credit card or wire transfer please review and complete Exhibit A.
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GovDeals Memo of Understanding – V14 3.21.2023 2

4.2 Client shall promptly, but no more than fifteen (15) business days after the auction end date, notify GovDeals of any transaction that was not completed. The fees for said transaction shall be credited to Client during the next invoice period.

5.0 Term of MOU: This MOU shall commence on the date it is signed by the second party and will continue for a period of twelve months unless otherwise terminated upon sixty days written noti ce by either party. This MOU shall automatically extend for additional one-year periods, unless either party notifies the other in writing of its intent not to renew at least sixty days prior to the anniversary date.

6.0 Terms and Conditions : Please find Exhibit B attached as an example of suggested Client Terms and Conditions . At any time during the term of this MOU, Client may modify the Terms and Conditions. Any substitutions or modification must be submitted to GovDeals in writing before posting assets to the GovDeals auction site.

7.0 Governance: This MOU will be governed, interpreted, construed and enforced in accordance with the laws of the State of California.

8.0 Non-Exclusive Engagement : This MOU is not exclusive. Client ma y utilize other approaches, i ncluding t raditional auctioneer se rvices or sealed bids. However, it is understood and agreed that Client will not utilize other disposal approaches for an asset at the same time the asset is listed on the GovDeals online auction site or sell by some other means to a prior bidder any item currently or previously listed on the GovDeals site for the purpose of avoiding payment of the GovDeals fee. Client agrees to not manipulate or interfere with the bidding process on the GovDeals site.

This online auction memo of understanding is agreed to by:

GovDeals Client: City of Lynwood
Signature: ___________________________ Signature: ___________________________

Print Name: __Scott Starcher___________ Print Name:__________________________

Title: Vice President of Operations Title: __________________________________

Date: __________________________________ Date: ___________________________________

Memo of Understanding Contact:

Attention: Sales Support
100 Capitol Commerce Blvd, Ste 110
Montgomery, AL 36117
Telephone Number: 866.377.1494
Fax Number: 334.387.0519
Email: [email protected]

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GovDeals Memo of Understanding – V14 3.21.2023 3

EXHIBIT A - Online Auction Memo of Understanding
Financial Settlement Services (FSS)

It is understood the Client ele cts GovDeals to collect all proceeds due the Client from the winning bidder and remit the proceeds to the Client less the GovDeals fee

GovDeals will charge the winning bidder a “Buyer’s Premium”, therefore, the Client is not allowed to charge the winning bidder an additional “Buyer’s Premium”.

GovDeals will collect all proceeds from the winning bidder, including the “Buyer’s Premium” through PayPal, credit card or wire transfer. This is the only means of payment by the bidder.

The Client will not relea se an asset to the winning bidder until the Client has received verification from GovDeals that payment has been received from the winning bidder. Prior to an item being released to the winning bidder, the Cl ient will ensur e the winning bidder or his/her a gent has signed a “Bill of Sale” containing the following notation: “Asset is sold as is, where is and without warranty. Once the asset is removed from the seller's premises there is no refund of monies previ ously paid”. The Bill of Sale must be printed fr om the Seller Asset Management (SAM). Any other “Bill of Sale” used by the Client must be submitted to GovDeals for approval.

No proceeds will be remitted to the Client for any asset sold without verificati on of payment f rom GovDeals and verification from the Client the item has been picked up by the winning bidder. Approved payment from the winning bidder through PayPal, credit card or wire transfer will be noted in SAM. It is the Client’s responsibility to notify GovDe als when an item has been picked up, which is accomplished by the Client accessing SAM and selecting the “Picked Up” option from the “Paid, not picked up” report.

GovDeals will remit all proceeds collected, less the “Buyer’s Premium” and th e GovDeals fee to the Client on a weekly basis f or all assets marked in SAM as ‘Picked Up’. All proceeds will be remitted electronically by Automatic Clearing House (ACH) . A detailed backup will be submitted to the Client to support the amount remitted.

Under no circumstance will the Client collect any proceeds directly from the winning bidder and if requested to do so, the Client should refer the winning bidder directly to GovDeals for payment instructions.

GovDeals will absorb all costs of Charge Back s by PayPal or a cre dit card company where an it em is released to the winning bidder after the Client receives proper payment notification from GovDeals, GovDeals receives proper pickup notification from the Client and the Client obtained and retained a si gned “Bill of Sale” from the winning bidder.

GovDeals will refund proceeds collected to the winning bidder in those rare occasions where the winning bidder pays for an asset but never picks it up and subsequently convinces PayPal or the credit card company to withdraw the amount from GovDeals’ bank account. It is the Client’s responsibility to request a credit on the asset paid for but not picked up as soon as the allowable pick up time passes. By taking the credit, it insures GovDeals will not charge th e Client a fee and will allow the Client to resell the asset. If the asset is mistakenly placed in ‘picked up’ status by the Client and GovDeals has remitted payment, the Client agrees to refund this amount back to GovDeals.

A GovDeals’ Client Services R epresentative or a G ovDeals Help Desk Representa tive will train the Client on how to effectively use the Financial Settlement Services feature and provide ongoing support as needed.

There are no additional costs to the Client for training and support.

GovDeals is covere d by a Crime Insurance Policy wit h a limit of $5,000,000, which will protect the Client against any loss of funds.
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GovDeals Memo of Understanding – V14 3.21.2023 4

Financial Settlement Services (FSS) Remittance Information

Please complete information below:

This section must be completed when submitting the signed MOU back to GovDeals, as this is where GovDeals Payments to the Client will be made.

Accounting Contact: _________________________________________ (Person to receive invoices) Name and Title

E-Mail Address: _________________________________________

Phone Number: _________________________________________

Please provide the required information:

Name of Bank
County of Bank
Name of Client: (Name on bank account)
Bank Routing Number
Bank Account Number
Checking/Savings
104
GovDeals Memo of Understanding – V14 3.21.2023 5

EXHIBIT B - Online Auction Memo of Understanding

City of Lynwood
Lynwood, California

Online Sales - Terms and Conditions

All bidders and other particip ants of this service agree they have read and fu lly understand these terms and agree to be bound thereby.

Guaranty Waiver. All assets are offered for sale “ AS IS, WHERE IS .” City of Lynwood (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.

Description Warranty. Seller warrants to the Buyer the prop erty offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Seller confirms the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of the Seller shall not exceed the actual purchase price of the property. Please note upon removal of the property, all sales are final.

Personal and Property Risk . Persons attending duri ng e xhibition, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release the Seller and GovDeals from liability therefore.

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Seller has received payment in full for the assets and Buyer has removed the assets from the Seller's premises in their entirety.

Buyer’s Certificate. If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.

Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items in addition to any taxes imposed.

Payment. Payment in full is due not later than 5 business days from the time and date of the close of the auction. Please refer to the payment instructions listed on the auction page for complete payment terms and methods. Please refer to the Bid Box for all fees and taxes that may be associated with the auction.

State/Local Sales and/or Use Tax. Buyers may be subject to pa yment of State and/or local sales and/or use tax. Please review the Payment Instructions for all information related to Sales Tax and Tax Exemptions.

105
GovDeals Memo of Understanding – V14 3.21.2023 6

Removal. All assets must be removed within ten (10) business days from the time and date of the close o f th e auction. Purchases will be released only upon receipt of payment as specified.

Successful buyers are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the websit e an d in the Bu yer’s Certificate. The Buyer wil l make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Seller assume responsibility for packing, loading or shipping. See instructions on each auction page for complete removal details. A daily storage fee of $25.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

Vehicle Titles. Seller will issue a title or ce rtificate upon removal of the veh icle. Titles may be subject to restrictions as indicated in the asset description on the website.

Approval. Some Auctions/Sales are subject to Seller approval prior to award to the high bidder.

Please re view the auctio n/sale pa ge for full terms of the sale and whether the final bid/sale is subject to approval.

Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all asse ts within the specified time.

Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Seller may exercise such r ights and may pursue such remedie s as are provided by law. Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees the y have read, fully under stand and accept these T erms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset li sted on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.

Sales to Employees. Employees of the Seller may bid on the property listed for auction, so l ong as they do NOT bid while on duty.

106
List of Surplus Vehicles and Equipment

Department Fleet # Year License Plate # Vehicle Identification Number
Make Model
1 Right of Way 43 2001 1048922 3FDNF65501MA5865
0 Ford F-650XL dump
truck
2 Water 67 2007 1230425 1GTHC24U37E169252 GMC GMC 2500 Truck 3 Parking Enforcement Div. EV-0003 2017 1514735 1N4BZ0CP5HC304495 Nissan Leaf 4 Parking Enforcement Div. EV-0001 2017 1514733 1N4BZ0CP2HC304261 Nissan Leaf 5 Engineering Div. EV-0004 2017 1514734 1N4BZ0CP5HC304619 Nissan Leaf 6 Right of Way 72 2008 1142550 1GTEC14X98Z234705 GMC 1500 Pick up 7 Business License Div. 07-01 SCC 2013 1397141 3FADP4AJ6DM16756 4 Ford Fiesta S Sedan
8 Grounds Div. 03-14 PGM 2013 1422344 1FTMF1CM3DKE7757
0 Ford Ford F-150 XL
9 Street Div. 03-10 PSM 2013 1400379 1FTMF1CM3DKD5530
7 Ford Ford F-150 XL
10 Grounds Div. 02-03 PCE 2012 1379752 1FTMF1CM9CKD2554 8 Ford Ford F-150
11 Building Maintenance
Div.
03-03 UBM 2012 1369085 1FDBF2A69CEA43499 Ford Ford F-250 Utility Truck
12 Building Maintenance
Div.
03-04UBM 2012 1369086 1FDBF2A60CEA08592 Ford Ford F-250 Utility Truck
13 Street Div. 35 2000 N/A JJG0262617 Case 570 LXT Turbo Skip Loader
14 Right of Way 03-02URW 2010 1379366 1FDAF5GY6AEB37231 Ford Ford F-550 Graffiti Truck

107
RESOLUTION NO.___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING

CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY

AND AUTHORIZING STAFF TO DISPOSE OF SURPLUS PROPERTY THROUGH PUBLIC AUCTION SITE GOVDEALS.

WHEREAS, it is the intent of the City to dispose of the surplus property through a public auction; and
WHEREAS, Staff has identified 13 vehicles and 1 machinery equipment currently in the City’s inventory that are non -operational, obsolete and are no longe r being used; and
WHERAS, the vehicles, equipment, and machinery can be declared as surplus; and
WHEREAS, City Council previously approved the use of GovDeals, a public auction site, to auction off surplus property; and
WHEREAS, the disposition of the veh icles and equipment declared as surplus under this Resolution is made under the discretion of the City’s Purchasing Officer pursuant to Lynwood Municipal Code Section 6-3.13.

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

Section 1. The City Council of the City of Lynwood hereby finds that the above recitals are true and correct and incorporates them herein by this reference.

Section 2. That pursuant to Lynwood Municipal Code Secti on 6-3.13, the City Council declares certain city owned property (Attachment A) as surplus property.

Section 3. That the City Manager or his designee is authorized to appropriate and transfer any proceeds from the disposition to the account 7071.71.36101.

Section 4. Authorize the Mayor to execute th is 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.

108
PASSED, APPROVED and ADOPTED this 18th of November 2025.

________________________________
Rita Soto, Mayor

ATTEST:

________________________________
Maria Quiñonez,
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

________________________________ ________________________________ Noel Tapia, Gabriel A. Gonzalez
City Attorney Interim City Manager

109

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 18th day of November 2025, 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 18th day of November 2025.

Maria Quinonez, City Clerk

110

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Gabriel A. Gonzalez, Interim City Manager
SUBJECT:

CONFIRMATION OF THE

ESTABLISHMENT OF A CITY COUNCIL

DISCRETIONARY FUND AND APPROVAL OF A CONTINUED

CORRESPONDING ANNUAL APPROPRIATION TO BE UTILIZED BY

THE CITY COUNCL FOR A PUBLIC BENEFIT
Agenda Item # 9.1.

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONFIRMING THE

ESTABLISHMENT OF A CITY COUNCIL DISCRETIONARY FUND AND AUTHORIZING A COTINUED ANNUAL APPROPRIATION OF $5,000 PER COUNCILMEMBER" Background:

On November 7, 2023, the City Council approved the creation of a discretionary fund that empowered members of the City Council to respond effectively to emerging needs and the opportunities to assist members of the community and support various community initiatives without being limited by budget constraints and procedural requirements. The establishment of the discretionary fund for City Councilmembers provided them with the flexibility to support programs and activities necessary to meet the public and social needs of the Lynwood community, including but not limited to health and social services, public safety, welfare, at-risk youth diversion, recreation and community promotion programs and/or activities. The discretionary fund proved to be a valuable asset to the Council in fulfilling their public service duties.

The City Council approved the establishment of a discretionary fund whereby each City Councilmember received an annual allocation of the discretionary fund ($5,000), subject to the approval of the Citywide bi-annual budget. The allocation may be made from the General Fund, donations, and/or grants.

City Council City Council Regular Meeting 111
Resolution - Confirmation of a Discretionary_Fund.docx
Discussion and Analysis:

Fiscal Impact:

The proposed resolution confirms the annual allocation of $5,000 per City Councilmember to the City Council Discretionary Fund. With five Councilmembers, the total funding amounts to-

Annual Cost: $5,000 per Councilmember; total for five Councilmembers = $25,000 per year
Bi-Annual Cost: $25,000 per year × 2 years = $50,000 for all Councilmembers over a two-year budget cycle
Coordinated With:

City Manager's Office
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 112
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

CONFIRMING THE ESTABLISHMENT OF A CITY COUNCIL DISCRETIONARY FUND AND AUTHORIZING AN ANNUAL APPROPRIATION OF $ 5,000 PER

COUNCILMEMBER

WHEREAS, the Lynwood City Council recognizes the need for a discretionary fund to support community initiatives and projects that may not fall under the regular budget allocation process; and

WHEREAS, the City Council acknowledges its responsibility to allocate resources for the betterment of the community and to address the unique needs and opportunities that arise; and

WHEREAS, on November 7, 2023, the City Council approved the establishment of a Discretionary Fund whereby the funds supporting the Discretionary Fund would be allocated to the Discretionary Fund via the City’s bi - annual;

WHEREAS, the City Council would like to confirm the establishment of the Discretionary Fund and confirm each Councilmember is intended to receive $5,000 in discretionary funds annually to support the respective Councilmembers’ efforts to meet their public service duties in a focused and streamlined manner.

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 a substantive part of this Resolution.

Section 2. That the City Council confirms the No vember 7, 2023 establishment of a Discretionary Fund providing each Councilmember an annual allocation of $5,000 in discretionary funds to support the respective Councilmembers’ efforts to meet their public service duties in a focused and streamlined manne r. The funding for the Discretionary Fund shall be approved by the City Council bi-annually via the budget approval process.

Section 3. That the City Council of the City of Lynwood approves the funding for the City Council Discretionary Fund in the follow ing amount of $5,000 per Councilmember, totaling to $25,000 annually or $50,000 over a two year budget cycle.

Section 4. The City Council shall maintain records of all allocations made from the Fund.
113

Section 5. The City Council shall have the authority to allocate funds from the Discretionary Fund

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

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

Section 8. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 18th day of November 2025

Rita Soto
MAYOR

ATTEST:

Maria Quinonez

CITY CLERK

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Gabriel A. Gonzalez

CITY ATTORNEY INTERIM CITY MANAGER
114

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Gabriel A. Gonzalez, Interim City Manager
SUBJECT:

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH THE CONSERVATION CORPS OF LONG BEACH
(CCLB)
Agenda Item # 9.2.

Recommendation:

1 .

Extend the term of the agreement through June 30, 2026; and 2 .

Appropriate $75,000 to fund cleanup services under the amended agreement.

Background:

The Conservation Corps of Long Beach is a community youth development organization that continually seeks meaningful projects for young people to gain valuable experience while contributing to the enhancement of their community and environment. Established in 1987, CCLB is one of 14 State Certified Community Corps programs in California.

To fulfill its mission, CCLB combines its state-accredited alternative high school program with hands-on conservation work projects. These projects include, but are not limited to, urban forestry, habitat restoration, recycling, graffiti removal, fire fuel reduction, invasive vegetation treatment, community garden development, and construction. Through these efforts, CCLB provides young people with marketable job skills while helping to preserve and restore the City Council City Council Regular Meeting 115
local environment.

Discussion and Analysis:

At its regular meeting of July 16, 2024, the Lynwood City Council approved Resolution No. 2024.091 amending the revised adopted Fiscal Year (FY) 2024-25 budget which in part appropriated $100,000 to implement a citywide cleanliness program.

In response to the Council’s direction, a citywide cleanup strike force was established, and staff collaborated with the Conservation Corps of Long Beach (CCLB) to support the cleanup efforts. Under the authority of the City Manager, a Professional Services Agreement was executed on December 2, 2024, at a not-to-exceed amount of $50,000.

On April 1, 2025, the City Council approved the First Amendment to extend the agreement through June 30, 2025, to continue cleanup services. Under the City Manager’s authority, the remaining $50,000 of the originally approved $100,000 budget was utilized to fund the continuation of these services.

Supervised by the Public Works Department, CCLB provides a five-member crew who work from approximately 7:15 a.m. to 2:15 p.m., four days a week, to service the City’s parks and major thoroughfares. The crew collects and disposes of trash in parks on Mondays and Fridays, while streets are serviced on Tuesdays and Thursdays. The CCLB team is responsible for cleaning Lynwood public rights-of-way (ROW) thoroughfares, including bulky item pickups, as well as weed and trash removal from tree wells, sidewalks, and parkways along the following streets –

Abbott Road
Imperial Highway
Martin Luther King Jr. Boulevard
Alameda Street
Santa Fe Avenue
State Street
Long Beach Boulevard
Atlantic Boulevard

The collaboration with CCLB has been positive and allows the Public Works division to attend to other skilled tasks and responsibilities. The cost of CCLB services is much lower in contrast to the costs incurred to perform the same tasks by city employees.

City Council City Council Regular Meeting 116
RESOLUTION - Second_Amendment_to_Conservation_Corps_of_Long_Beach.docx Second Amendment - Conservation_Corps_Long_Beach.doc

The City's Contracting and Purchasing Policy & Procedures ("Purchasing Policy") establishes that amendments to an existing contract may not exceed the value of the original agreement.

However, the purchasing policy includes an exception to the amendment policy where there is an urgent need for the continuation of the services. Here, City staff continues to address an increased amount of dumping of bulky items and trash creating blight throughout the City and its right of ways. Pedestrians often must walk around illegally dumped items on the City's sidewalks.

To that end, City staff requests that City Council to continue CCLB services for citywide cleanup through June 30, 2026 and approve a Second Amendment for an amount not to exceed $75,000.

Fiscal Impact:

Approval of the Second Amendment requires a $75,000 appropriation from the general fund into the professional & contractual line (1011.25.205.62015) to cover the costs of services for the extended term.

Coordinated With:

City Manager's Office
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 117
RESOLUTION NO.____________

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

A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

THE CONSERVATION CORPS OF LONG BEACH

WHEREAS, on December 2, 2024, the Lynwood City Manager entered into a Professional Services Agreement (hereinafter “Master Agreement”) with Conservation Corps of Long Beach including a not-to-exceed amount of $50,000 to provide additional cleanup efforts throughout the City; and

WHEREAS, on April 1, 2025, the City Council approved the First Amendment to the Master Agreement extending the termination date to December 31, 2025 and increasing the amount of the Master Agreement by $50,000 for a total not -to-exceed amount of $100,000; and

WHEREAS, the City and the Consultant wish to enter into a Second Amendment continuing the services through June 30, 2026. The Parties would like to increase the not- to-exceed amount by $75,000 for a total not-to-exceed amount of $175,000.

NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY FIND, 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. That the City Council approve the Second Amendment to the Professional Services Agreement with Conservation Corps of Long Beach, in a form approved by the City Attorney, extending the term of the Master Agreement to June 30, 2026. The Second Amendment shall increase the not-to-exceed amount by $75,000 for a total not-to-exceed amount of $175,000.

Section 3. That the Mayor is authorized to execute the Second Amendment and this Resolution for and on behalf of the City of Lynwood.

Section 4. This Resolution shall become effective immediately upon adoption.

Section 5. The City Clerk shall certify as to the adoption of this Resolution.

118
PASSED, APPROVED AND ADOPTED this 17th day of December, 2024.

_________________________
Rita Soto
Mayor

ATTEST:

_______________________ __________________________
Maria Quinonez Julian Lee
City Clerk Interim City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

________________________ __________________________
Noel Tapia, Mark Flores, Director
City Attorney Recreation & Community Services

119
1 SECOND AMENDMENT TO THE CONSERVATION CORPS OF LONG BEACH

PROFESSIONAL SERVICES AGREEMENT

This Second Amendment (“ Second Amendment”) to th e agreement for cleanup services for the City of Lynwood, is entered into as of November 18 , 202 5, by and between the CITY OF LYNWOOD, a California municipal corporation (“ City”), and CONSERVATION CORPS OF LONG BEACH (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party,” and jointly as “Parties.”

RECITALS
A. On December 2, 2024, the Lynwood City Manager entered into a Professional Services Agreement (hereinafter “Master Agreement”) with Conservation Corps of Long Beach at a not-to-exceed amount of $50,000 to provide additional cleanup efforts throughout the City.

B. On April 1, 2 025, the City Council approved the First Amendment to the Master Agreement extending the termination date to December 31, 2025 and increasing the amount of the Master Agreement by $50,000 for a total not -to-exceed amount of $100,000.

C. The City and the C onsultant wish to enter into a Second Amendment continuing the services through June 30, 2026. The Parties would like to increase the not-to-exceed amount by $75,000 for a total not-to-exceed amount of $175,000.

NOW, THEREFORE, in consideration of the mut ual covenants and conditions contained herein, the Parties agree as follows:

Section 1. Term
The following shall govern the term of the Master Agreement:

The Master Agreement shall terminate on June 30 , 202 6 (the “Termination Date”), unless earlier terminated as provided in the Master Agreement.

This amendment will increase the total amount by an additional $75,000, ensuring that the Master Agreement does not exceed a total value of $175,000.

Section 2. Incorporation of Agreement
Except as expressly amended herein, all of the terms and conditions of the Master Agreement shall remain in full force and effect and are ratified by each Party . The Master Agreement, the First Amendment, and this Second Amendment contain the entire contract of the Parties with re spect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements . The Parties agree that if any provisions of this Second Amendment conflict with the Master Agreement and/or the First Amendment, then the provisions o f this Second Amendment shall prevail. If any portion of this Second Amendment is declared invalid, illegal, or otherwise unenforceable by a 120
2 court of competent jurisdiction, the remaining provisions shall continue in full forc e and effect.

Section 3. Corporate Authority
The persons executing t his Second Amendment on behalf of the P arties hereto warrant that (i) such P arty is duly organized and existing, (ii) they are duly authorized to execute and deliver th is Second Amendent on behalf of said P arty, (iii) by so executing this Second Amendment, such P arty is formally bound to the provisions of this Second Amendment, and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said Party is bound.

IN WITNESS WHEREOF, the Parties enter into this Second Amendment effective immediately.

CITY OF LYNWOOD CONSERVATION CORPS OF LONG BEACH
(“CITY”) (“CONSULTANT”)

____________________________ ____________________________ Rita Soto David Sall, Deputy Director & COO
Mayor

Date: ___________ Date: ___________

ATTEST:

By: ______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM:

By: ______________________________
Noel Tapia, City Attorney

121

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo, P.E., Director of Public Works
SUBJECT:

APPROVE

DMC ENGINEERING

PROVIDE SUPPORT SERVICES
FOR FISCAL YEAR 2025-2026 WATER & SEWER CAPITAL
IMPROVEMENT PROJECT (CIP) PROGRAM.

Agenda Item # 9.3.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING DMC

ENGINEERING

INC
,
TO PROVIDE SUPPORT SERVICES FOR THE FY 2025-26 WATER &

SEWER CAPITAL IMPROVEMENT PROJECT (CIP) PROGRAM FOR A NOT-TO-EXCEED AMOUNT OF $112,000.00.”
Background:

On June 17, 2025, the City Council adopted Fiscal Year 2025 – 2027 Biennial Budget, which includes funding of over $11.2M for Water and Sewer related projects that addresses the City’s infrastructure needs over the next year.

Projects included in the FY26 Water and Sewer CIP budget include Well #8 rehabilitation, new water pipeline on Long Beach Blvd, design of FY26 water main replacement, DWSRF application for the new 2.0M gallon reservoir at Ham Park, installation of new water meters as part of the AMI and miscellaneous project support services as shown in the attached DMc proposal dated 11/10/25.

City Council City Council Regular Meeting 122
Discussion and Analysis:

The PW staff have been utilizing DMc Engineering to provide support services for the implementation of capital projects over the last two years, as part of DMc’s three (3) year contract for On-Call Utility Engineering Services to the City of Lynwood’s Public Works Department.

These services are an essential part in maintaining the City’s workflow for CIP planning, coordination, and construction related to improvements to the City’s water and sewer system. DMc Engineering has been providing these support services to the City staff since July 2025 and this proposal covers the period from July 1, 2025, to December 31, 2025.

Current and Upcoming Projects Requiring DMc Engineering Project Management Services:

1. Well 8 Piping and Site Improvements – Project No. 4011.680.067 a. Request for Proposal – Prepared by DMc Engineering,
b. Proposal Received - 3/18/24
c. Award of Contract Design – Civiltec – CCM Approved 4/16/24 d. Plans & Specifications Complete – Civiltec - January 2025 e. Advertise for Bids – CCM Approved 2/4/25
f. Bid Opening – 3/26/25
g. Award of Contract – Vicon Enterprise – CCM Approved 6/17/25 h. Pre-Construction Meeting – 11/4/25
i. Construction start – January 2026
j. Construction end – April 2026

2. Long Beach Blvd Water Meter Abandonment & Replacement Project - Project No. 4011.68.065& 4011.68.099

a. Award of Contract Design - SA Associates - CCM Approved 5/2/23 b. Plans & Specifications Complete - SA Associates - February 2025 c. Advertise for Bids - CCM Approved - 3/18/25
d. Bid Opening - 4/29/25
e. Award of Contract - Stephen Doreck Equipment - CCM Approved 6/17/25 f. Pre-Construction Meeting - 10/23//25
g. Construction Start - January 2026
h. Construction End - May 2026

3. Water Main Replacement FY26 - Project No. 6302.68.151

a. Request for proposal - Prepared by DMc Engineering
b. Proposal Received - 5/29/25
c. Award of Contract Design - Civiltec, CCM Approved 8/19/25 d. Agreement Signed - 10/23/25
e. Kickoff Design Meeting - 11/6/25

4. Ham Park Reservoir & Booster Station, Project No. 4011.67.056 & 6305.68.167

a. Award of Contract Design - MKN, CCM Approved 9/20/22 b. Award of Contract Design - Amendment #1 - CCM Approved 10/17/23 c. Award of Contract Design - Amendment #2 - CCM Approved 10/21/25 d. CEQA Approval - CCM - 12/2/25
e. DWSRF Application Submittal - 3/1/26
City Council City Council Regular Meeting 123

5. Advanced Metering Infrastructure (AMI) Installation, Project No. 4011.67.070, 4011.68.093 & 4011.68.13
a. Purchase of AMI Large Meters - Aqua Metric - CCM Approved 12/14/21 b. Purchase of AMI Samall Meters - Aqua Metric - CCM Approved 11/15/22 c. Installation of base Station - Aqua Metric - CCM Approved 3/5/24 d. Purchase of Meter Lids - Blue Angel - CCM Approved 9/16/25 e. Installation of AMI Meters - Request for Bids - Prepared by DMc Engineering i. Advertise for Biddings - CCM 12/2/25
ii. Bid Opening - 1/14/26
iii. Award of Contract - Installation of AMI Meters - 2/17/26 f. Water Billing Converting to Springbrook
g. Customer Portal

6. Lynwood Stormwater Capture Project, Project No. 4011.68.112 a. Award of Contract Design - CraftWater Engineering - CCM Approved 9/20/22 b. Stormwater Capture Project at Lynwood Park
c. DMc Engineering - Coordination with stormwater design consultant, assistance with construction administration, and providing contract administration for the grant funding.
d. CEQA Approval - CCM 11/18/25

7. Miscellaneous Support Services includes the following:

a. Preparing annual Water and Sewer CIP budget
b. Plan review of development projects
c. Participation in biweekly CIP update meetings
d. Attendance at City Council Meetings, ADHOC Committee meetings and other City events as necessary
e. Preparing staff reports and resolutions for City Council Meetings f. Assist Water Department staff with proposals and evaluations g. Providing assistance to legal team on groundwater contamination h. Working with Operations on water quality and reporting i. Provide leadership assistance with Water Department

DMc Engineering has decades of experience in managing a variety of public improvement projects. Moreover, DMc’s specific expertise in underground utilities such as water and sewer facilities will be of value as the City encounters aging and deteriorating underground infrastructure.

DMc Engineering continues to provide critical technical and project management support for several major water infrastructure projects. Their ongoing assistance allows the Public Works Department to maintain project schedules, ensure quality control, and deliver timely improvements to the City’s water system infrastructure.

Staff recommends that City Council approve DMc Engineering to provide support services as requested. The firm has shown that they have the necessary experience, scope of work, and schedule that best meets the City’s needs.

Budget:

City Council City Council Regular Meeting 124
11-18-2025 DMc On-Call Support Services (Resolution) V3 (1).docx 1338-10 - FY 26 CIP Support Services Proposal V3 111025.pdf DMC Hr Detail 111125.pdf
Below is a table of the breakdown of the estimated cost for this work with the selected firm:

Estimated Cost for Consulting Services:

DMc Engineering - $112,000
Fiscal Impact:

Funding for the work outlined in Task Order No. 7 is project-specific. The following identifies the amount allocated for project management and the corresponding funding accounts:

Project Description
Project No.

Amount

1. Well 8 Piping and Site Improvements
4011.680.067
$16,000

2. Long Beach Blvd Water Meter Abandonment &
Replacement
4011.68.065 & 4011.68.099
$16,000

3. Water Main Replacement FY26
6302.68.151
$16,000

4. Ham Park Reservoir & Booster Station
4011.67.056 & 6305.68.167
$16,000

5. Advanced Metering Infrastructure (AMI)
Installation
4011.67.070, 4011.68.093 &
4011.68.13
$24,000

6. Lynwood Stormwater Capture Project
4011.68.112
$4,000

7. Miscellaneous Support Services
6051/62015
$20,000

Total Estimated Cost:
$112,000

No additional appropriation is required.

Coordinated With:

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

Description
City Council City Council Regular Meeting 125
RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING DMC ENGINEERING INC, TO PROVIDE SUPPORT SERVICES FOR THE FY26

WATER CAPITAL IMPROVEMENT PROJECT (CIP) PROGRAM FOR A NOT -TO- EXCEEED AMOUNT OF $112,000.00.

WHEREAS, on June 17, 2025, the City Council adopted the City’s Biennial Budget for Fiscal Years 2025-2027 which included the combined Capital Improvement Program (CIP) for FY 2025 - 27 and total approved funding of over $11.2 million for Water and Sewer related projects; and
WHEREAS, on December 5, 2023, the City Council approved selected consultants for On -Call Professional Engineering Services including DMc Engineering to provide Utility Engineering Support Services to the City of Lynwood’s Public Works Department, and.

WHEREAS, these services are an essential part in maintaining the City’s workflow for day-to-day operations and CIP planning, coordination, and construction related to the City’s water and sewer system and reports to the Director of Public Works to coordinate efforts and receive direction; and
WHEREAS, DMc Engineering has an On-Call Water Utility Engineering services contract with the City and has the expertise to provide the City the necessary professional services and assistance on various water and sewer projects; and WHEREAS, the cost for DMc Engineering to provide those services is $112,000; and
WHEREAS, funds are available in the FY26-27 adopted budget, Water/Enterprise Fund; 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 and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this resolution as substantive findings.

Section 2 . That the City Council approves the proposal provided by DMc Engineering in an amount not to exceed $112,000.

Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood
Section 4. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect.

126
2 PASSED, APPROVED and ADOPTED this 18th day of November 2025.

______________________________
Rita Soto
Mayor
ATTEST:

___________________________
María Quiñónez
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ ______________________________ Noel Tapia Gabriel A. Gonzalez
City Attorney City Manager

127
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
Maria Quiñónez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18th day of November 2025.

_______________________________
Maria Quiñónez, City Clerk

128

DMc ENGINEERING
CIVIL ▪ SURVEYING ▪ PLANNING ▪ CONSTRUCTION

November 10, 2025 JN 1338-10
Task Order 7
Ms. Rita Montalvo
Director of Public Works
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
SUBJECT: TASK ORDER 7: FY26 – Water Capital Improvement Project (CIP) Support Services
Dear Ms. Montalvo:

In accordance with the City’s request and subsequent discussions with David Gould of our office, DMc Engineering is pleased to provide this proposal to provide Water Capital Improvement Project (CIP) support services under our Annual On-Call Utility Engineering Services Contract.

DMc Engineering has been providing support services to the City staff since July 2025 and this proposal covers the period from July 1, 2025, to December 31, 2025.

We appreciate the opportunity to continue working with you and the City of Lynwood on this project. These services are part of the on- going utility engineering services, so your expediting the signing of this Task Order would be appreciated. Should you hav e any questions, please do not hesitate to call.

Sincerely,
DMc Engineering City of Lynwood
Derek J. McGregor, PE, PLS, QSP, QSD Rita Montalvo, PE
Principal Director of Public Works

Date

18 Technology Drive, Suite 100 | Irvine, CA 92618 -2309 Telephone: (949 ) 753 - 9393
129
2 JN 1338-10
TASK ORDER 7

SCOPE OF WORK
FY26 – WATER AND SEWER CAPITAL IMPROVEMENT

PROJECT SUPPORT SERVICES

Client (City of Lynwood) and Consultant (DMc Engineering) for mutual consideration herein set forth, agree as follows:

Consultant agrees to provide support and project management services for the following FY26 – Water and Sewer Capital Improvement Projects:

1. Well #8 - Site Improvement Project: – Provide construction administration and project management services during construction and project close-out.

2. Long Beach Blvd Water Meter Abandonment & Replacement Project:

Providing construction administration, public outreach and project management services during construction and project close- out including coordination with Lynwood Unified School, Business along Long Beach Blvd.

3. Water Main Replacement – Design - FY 26: Preparing request for proposal, selection of consultant, project coordination with city staff and consultant and assistance during the bidding process.

4. Ham Park Reservoir & Booster Station: Coordination and assistance with the preparation and submittal of DWSRF Application, CEQA documentation and coordination of the final design.

5. Advanced Metering Infrastructure (AMI) Installation: Coordination, construction administration and project management services for the installation of 9,000 AMI -ready water meters, connecting new water meters to the Flex -Net network, coordination with Water Billing Dept. on water usage data and public outreach.

6. Lynwood Stormwater Capture Project : Coordination with stormwater design consultant, contract administration services for the grant funding and provide construction administration with the City.

7. Miscellaneous Support Services: Preparing annual Water CIP and expense budget, provide plan review services, participation in biweekly CIP update meetings, attendance at City Council meetings, ADHOC Committee meetings and other City events as necessary, preparing staff reports and resolutions for City Council meetings, assistance the Water Department Operations on water quality and DDW reporting and aiding legal team on groundwater contamination. 130
3 JN 1338-10
TASK ORDER 7

FEE SCHEDULE
FY26 – WATER AND SEWER CAPITAL IMPROVEMENT

PROJECT SUPPORT SERVICES

Client agrees to compensate consultant for the services as noted below:

Consultant shall perform the services outlined in the Scope of Work in accordance with the Fee Schedule below plus the cost for reproductions, computer plotting, copying and messenger services. Consultant shall invoice client on a monthly basis.

City of Lynwood
TASK ORDER 7 - FY26 WATER CAPITAL IMPROVEMENT PROJECT

SUPPORT SERVICES
PROJECT FEE SCHEDULE Project Account No. PM
$200 FEE

1. Well #8 - Site Improvement Project – Construction Administration and Project Management Services

4011.680.067

80 $ 16,000.00

2. Long Beach Blvd Water Meter Abandonment & Replacement Project: - Public Outreach and Project Management Services
4011.68.065 &
4011.68.099

80 $ 16,000.00

3. Water Main Replacement - FY 26: Preparing request for proposal, selection of consultant, project coordination with city staff and consultant

6302.68.15

80 $ 16,000.00

4. Ham Park Reservoir & Booster Station: Coordination with design and assistance with the preparation and submittal of DWSRF Application

6305.68.167

80 $ 16,000.00

5. Advanced Metering Infrastructure (AMI) Installation: Coordination and assis with the installation of 9,000 meter, connection to the Flex-Net System and Public Outreach
4011.68.093 &
4011.68.13

120

$ 24,000.00

6. Lynwood Stormwater Capture Project: Coordination with consultant, construction and contract administration for granting funding

4011.68.112

20 $ 4,000.00

7. Miscellaneous Support Services: Preparing annual Water Expense and CIP budget, provide plan review services, participation in biweekly CIP update meetings, attendance at City Council meetings, ADHOC Committee meetings and other City events as necessary, preparing staff reports and resolutions for City Council meetings, assistance the Water Department Operations on water quality and DDW reporting and providing assistance to legal team on groundwater contamination.

6051
Water/Enterprise Fund
62015
Prof. & Contractual
Services

100

$ 20,000.00

Total Project Fee 560 $ 112,000.00
131
4 JN 1338-10
Task Order 7

CONDITIONS AND/OR EXCLUSIONS
FY26 – WATER AND SEWER CAPITAL IMPROVEMENT

PROJECT SUPPORT SERVICES

This proposal is based on receipt of the following items and conditions:

1. Receipt of Authorization to Proceed and signed Task Order

Services that are specifically *excluded from this proposal, but could be provided as additional services, are as follows:

1. Services not identified in the Scope of Work

2. Any Exhibits or drawings as part of presentations or communications with governing agencies

* Exclusions are not limited to the above
132
5 DMc Engineering
Civil ▪ Surveying ▪ Planning ▪ Construction

DMc Engineering
Hourly Rate Schedule
(Based on 2023 On-Call Utility Engineering Services Agreement)

OFFICE PERSONNEL Cost/Hour
Principal (PR)… ............................................................................................. $ 240.00 Project Manager (PM) .................................................................................... $ 200.00 Construction Manager (CM) .................................................................................... $ 180.00 Project Engineer (PE) ..................................................................................... $ 170.00 Project Surveyor (PS) .................................................................................... $ 160.00 Senior Engineer (SE) ..................................................................................... $ 140.00 Associate Engineer (AE) ................................................................................ $ 120.00 Administration (ADMIN) ............................................................................................ $ 100.00

FIELD SURVEY Cost/Hour
Field Survey (FS) ........................................................................................... $ 230.00 GPS Survey (GPS) ................................................................................................... $ 250.00

NOTE: Reproductions, computer plotting, copying, messenger services and other direct expenses will be billed in accordance with our reimbursement fee schedule. No additional charges for mileage, supplies or telephone expenses will be included.
133
Total Hrs

PROJECT FEE SCHEDULE PM
$200 FEE Plan Design Const. Total Plan Design Const. Total Plan Design Const. To tal Plan Design Const. Total Plan Design Const. Total Plan Design Const. Total

1. Well #8 - Site Improvement Project 80 16,000.00$ 10 10 14 14 14 14 14 14 14 14 14 14 80

2. Long Beach Blvd Water Meter Abandonment & Replacement Project 80 16,000.00$ 10 10 14 14 14 14 14 14 14 14 14 14 80

3. Water Main Replacement - FY 26: 80 16,000.00$ 0 6 6 12 12 12 20 20 20 20 16 16 80

4. Ham Park Reservoir & Booster Station 80 16,000.00$ 4 4 8 8 12 12 16 16 20 20 20 20 80

5. Advanced Metering Infrastructure (AMI) Installation 120 24,000.00$ 8 8 16 16 16 16 24 24 24 24 32 32 120

6. Lynwood Stormwater Capture 20 4,000.00$ 0 4 4 4 4 4 4 4 4 4 4 20

7. Miscellaneous Support Services: 100 20,000.00$ 8 8 16 8 8 16 8 8 16 8 8 16 8 8 16 8 12 20 100 Total Project Fee 560 112,000.00$
Sept
(Hrs Spent)
Oct
(Hrs Spent)
Oct
(Hrs Estimate)
Oct
(Hrs Estimate)
City of Lynwood
TASK ORDER 7 - FY26 WATER CAPITAL IMPROVEMENT PROJECT

SUPPORT SERVICES
July
(Hrs Spent)
Aug
(Hrs Spent)
134

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo, P.E., Director of Public Works
SUBJECT:

APPROVAL OF BUDGET TRANSFER IN THE AMOUNT OF $89,534
FROM THE LYNWOOD PARK MEGA PLAYGROUND PROJECT (CIP No.
4011.68.109) TO THE HYDROSEEDING TURF PROJECT AT LYNWOOD

CITY PARK
Agenda Item # 9.4.

Recommendation:

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

Lynwood Park Mega Playground Project (Project 4011.68.109)

On August 15, 2023, the City awarded the design-build contract in the amount of $6,749,987. to BrightView Landscape Development for the Lynwood Park Mega Playground Project. The "Space" concept honored the original playground theme and incorporated key features including "risk-taking play" with taller, more challenging equipment for older children, age- specific play areas, inclusive elements for children of all abilities, and space-themed equipment, including at least one tall "Rocket" structure. A Notice to Proceed was issued on March 26, 2024, marking the start of construction. The project was completed on March 23, City Council City Council Regular Meeting 135
2025.

Throughout construction, three (3) change orders were issued to address discrepancies in working conditions, totaling $302,236.00. Additional costs included $675,000.00 for construction management and inspection services by Transtech Engineers, Inc., $45,000.00 for labor compliance tasks performed by Avant Garde Inc., and $337,013.00 for staff time, construction support, and other related project management costs. The overall cost of the project totaled $8,109,236.00.

Lynwood City Park Soccer Fields Hydroseeding Turf Project

The soccer fields at Lynwood City Park are a highly-utilized athletic facility, serving as home to the City's partner American Youth Soccer Organization (AYSO) program and several City- hosted and sponsored activities and special events throughout the year. The facility has recently faced maintenance challenges resulting from environmental factors, limited maintenance resources, and demanding use schedules, creating a crucial need for turf repairs.

The one-time rehabilitation cost for the three (3) soccer fields was $89,534. Staff had initially proposed using available 2016 Measure "A" funds to fully pay for the proposed repairs and planned to work with the Los Angeles County Regional Park & Open Space District (RPOSD) to apply for reimbursement.

The project was technically eligible for Measure A funding. However, timing became an issue.

Use of Measure A funds requires the City to go through a multi-step pre-approval approval process, which was not done. Because of the timing of the work to be completed, it was not discovered until after initial City Council approval that we would not have time to go through the Measure A process. A delay would have meant loss of an upcoming AYSO season .

Discussion and Analysis:

The completion of the Lynwood Park Mega Playground project was completed under the budgeted amount of $9,550,000 resulting in available surplus funds of $1,440,764.00. The soccer field rehabilitation project requires an alternative funding source due to its ineligibility for 2016 Measure "A" funds.

City Council City Council Regular Meeting 136
Mega Playground Hydroseed reallocation (reso).docx
The soccer fields serve a vital role in the City's recreational programming and youth sports activities. The deteriorating turf conditions impacted both playability and safety, making the repairs a priority for maintaining quality facilities for residents and program participants.

Fiscal Impact:

The Mega Playground project had a total approved budget of $9,550,000 including $3,250,000 in 2020 Lease Revenue Bonds (9056), $1,300,000 in Measure A (2455), and $5,000,000 in 2019 Lease Revenue Bond (9055). The overall cost of the project totaled $8,109,236.00, which is $1,440,764.00 below the approved budget, leaving surplus 2019 and 2020 Lease Revenue Bond funds available for reallocation.

Project Name/Fund
Decrease
Increase
Mega Playground (CIP No.
4011.68.109) Fund 9055 2019
2019 Lease Revenue Bond
$89,534

Hydroseeding Soccer Fields

$89,534
Coordinated With:

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

Description
City Council City Council Regular Meeting 137
RESOLUTION NO.___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A BUDGET AMENDMENT T O REALLOCATE $89,534 IN LEASE REVENUE BO ND FUNDS (9055) FROM THE LYNWOOD PARK MEGA PLAYGROUND PROJECT (CIP NO. 4011.68.109) TO THE HYDROSEEDING TUR F PROJECT AT LYNWOOD CITY PARK

WHEREAS, the soccer fields at Lynwood City Park are a highly -utilized athletic facility, serving as home to the City's partner Ameri can Youth Soccer Organization (AYSO) program and several City -hosted and sponsored activities and special events throughout the year; and
WHEREAS, the facility has recently faced maintenance challenges resulting from environmental factors, limited maintena nce resources, and demanding use schedules, created a crucial need for turf repairs; and
WHERAS, the one -time rehabilitation cost for the three (3) soccer fields was $89,534; and
WHEREAS, Staff had initially proposed using available 2016 Measure "A" funds to fully pay for the proposed repairs and planned to work with the Los Angeles County Regional Park & Open Space District (RPOSD) to apply for reimbursement.; and WHEREAS, the project is no longer eligible for 2016 Measure "A" funding; and

WHEREAS, the s occer field rehabilitation project requires an alternative funding source due to its ineligibility for 2016 Measure "A" funds

WHEREAS, the completion of the Lynwood Park Mega Playground project was completed under the budgeted amount of $9,550,000 resulting in available surplus funds of $1,440,764.00; and

WHEREAS, a budget amendment to reallocate 2019 Lease Revenue Bond Funds (9055) in the amount of $89,534 is needed to cover the cost of the Hydroseeding Turf Project.

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

Section 1. The City Council of the City of Lynwood hereby finds that the above recitals are true and correct and incorporates them herein by this reference.

Section 2. Authorize the reallocation of 2019 Lease Revenue Bond funds from Project 4011.68.109 in the amount of $89,534 to the Hydroseeding Turf Project.

Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

138
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.

PASSED, APPROVED and ADOPTED this 18h day of November 2025.

________________________________
Rita Soto, Mayor

ATTEST:

________________________________
Maria Quiñonez,
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

________________________________ ________________________________ Noel Tapia, Gabriel Gonzalez
City Attorney Interim City Manager

139

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

Maria Quinonez, City Clerk

140

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo, P.E., Director of Public Works
SUBJECT:

CORRECTION TO

CONTRACT AMOUNT AWARDED TO VICON

ENTERPRISE AND TRANSFER OF FUNDS FOR THE INSTALLATION
OF PIPING AND SITE IMPROVEMENTS FOR WELL 8 PROJECT, CIP NO. 4011.68.067.

Agenda Item # 9.5.

Recommendation:

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

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO CORRECT THE

CONTRACT AWARD AMOUNT OF $1,065,000 TO VICON ENTERPRISE FOR THE INSTALLATION OF PIPING AND SITE IMPROVEMENTS FOR WELL 8 PROJECT, CIP NO. 4011.68.067."
Background:

Well 8 was drilled in 1948 and is one of five wells that supplies groundwater to the city, providing approximately 20% of the City’s total water supply. City staff recommended site upgrades including adding a new pump to waste pipeline, moving the existing water meter outside the building and various upgrades to the site.

Discussion and Analysis:

City Council City Council Regular Meeting 141
On February 5, 2025, the request for bid was advertised on the City’s website (PlanetBids) and a mandatory pre-bid meeting was held on February 19, 2025. The proposal opening took place on the PlanetBids platform on Wednesday, March 26, 2025, at 10:00 A.M. Staff discovered a quantity error in the bid summary, which is shown below with the adjusted bid proposals:

Bid Proposals*
1 Vicon Enterprise*
$1,065,750
2 Big Ben Engineering
$1,114,179
3 Environmental Construction, Inc.
$1,252,391
4 CEM Construction
$1,255,375
5 R2Build
$1,467,878
*Proposal amount adjusted due to quantity error.

Bid Analysis:

An analysis of the proposal amounts was conducted and Vicon Enterprise’s original bid for $1,065,000 was still the lowest responsible bidder. Staff recommends to that the City Council adjusted Vicon Enterprise’s bid amount for the project. The engineer’s cost estimate for this project was $760,000 and the contractor’s proposal was 40.1% above the estimated cost.

Revised Budget:

The overall project construction and expenditures were approved at $1,510.000 and have been revised as shown in the table below.

Well #8 - Revised Budget
Contractor's Cost
$1,065,000
Contingency (10%)
$106,500
XIO SCADA Upgrades
$60,000
Construction Management & Inspection (10%)
$106,500
Civiltec - Construction Services
$29,880
Labor Compliance and other related cost (5%)
$53,250
Project Management (8%)
$85,200
Misc
$3,670
Total - Construction Budget
$1,510,000

Fiscal Impact:

The FY 26 Water CIP budget includes
$1,085,000 o
f the following funds for this project:

City Council City Council Regular Meeting 142
WATER (Direct) $ 361,667.00 LUA 2020-A Revenue Bonds (6305) $723,333.00 Total Available Funds $1,085,000.00

Transfer of Funds:

The Well #11 Rehabilitation project was put on hold by the ADHOC Committee as Staff is preparing a Groundwater Assessment Study to determine the status of the existing groundwater wells and a long-term well replacement program. The Study should be completed by the beginning of 2027 and the costs for the Well #11 Rehabilitation project will be re-evaluated at that time.

Transfer from Well #11 - Well Rehab Construction Budget Available Project No. 6051|6305.68.162
WATER (Direct) $ 430,000.00 LUA 2020-A Revenue Bonds (6305) $ 2,002,000.00 Total Available Funds to Transfer $ 2,432,000.00

Transfer to Well #8 – Piping & Site Improvements
LUA 2020-A Revenue Bonds (6305) $ 425,000.00

The adjusted FY 26 Well #8 CIP budget would include funding from the following for this project:

WATER (Direct) $ 361,667.00 LUA 2020-A Revenue Bonds (6305) $ 1,148,333.00 Total Available Funds $1,510,000.00 Coordinated With:

City Council City Council Regular Meeting 143
Resolution - Well_8_Contract_Correction.docx
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:

Description
City Council City Council Regular Meeting 144
RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CORRECTING THE CONTRACT AMOUNT TO $1,065,000 FOR VICON ENTERPRISE FOR THE INSTALLATION OF PIPING AND SITE IMPROVEMENTS FOR WELL 8 PROJECT, CIP NO. 4011.68.067
WHEREAS, project was previously awarded on June 17, 2025 to Vicon Enterprise which was the lowest responsible bidder for $1,032,750; and WHEREAS, the scope of work for the improvements to Well 8 includes replacement of the sand separator equipment and piping, relocation of Well 8 water meter, installation of a pump to waste piping system, replacement of the pump and motor, and upgrades to the existing Well 8 building; and
WHEREAS, staff discovered an error is the quantitie s in the bid summary and recommends that the City Council re-award the project to Vicon Enterprise in the amount of $1,065,000; and
WHEREAS, the proposed cost for the project, including construction cost, 1 0% contingency, project management, labor compliance, and construction management and inspection is $1,510,000; and
WHEREAS, the FY26 CIP budget for this project is $361,667 in Water funds and $723,333 in LUA 2020 A Revenue Bonds funds, for a total project budget of $1,085,000; and
WHEREAS, staff requests transferring LUA 2020 A Revenue Bonds (6305) in the amount of $ 425,000 from the Well #11 - Well Rehab Construction Project No. 6051|6305.68.162 to the Well 8 Improvement Project, CIP No.4011.68.067 for a total budget of $1,510,000.

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 he reby finds that the above recitals are true and correct and incorporates them herein by this reference.

Section 2. Authorize the Mayor to execute the agreement between the City of Lynwood and Vicon Enterprise in a form approved by the City Attorney in the amount of $1,065,000.

Section 3. Authorize the City Manager under LMC 6-3.14(d) to exceed the specific dollar amounts or percentage limitations under LMC 6 -3.15 and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders, or agreement amendments related to the Project up to the available Project Budget.

Section 4. Authorize the Mayor to execute this Resolution for and on behalf of the City of Lynwood.
145
2 Section 5. The City Clerk shall certify to the 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 this 18th day of November 2025.

______________________________
Rita Soto
Mayor
ATTEST:

___________________________
María Quiñónez
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Gabriel Gonzalez
City Attorney City Manager

146
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
Maria Quiñónez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

_______________________________
Maria Quiñónez, City Clerk

147

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo, P.E., Director of Public Works
SUBJECT:

REJECTION OF BIDS FOR THE 3-YEAR CONTRACT FOR UTILITY
SUPPORT AND MANAGEMENT SERVICES FOR THE CITY’S PUBLIC

WORKS DEPARTMENT
Agenda Item # 9.6.

Recommendation:

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

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL

BIDS FOR UTILITY SUPPORT AND MANAGEMENT SERVICES FOR THE PUBLIC WORKS

DEPARTMENT
"
Background:

The City utilizes outside consultants to provide water and sewer operations support and management services for the Utility Division. The City has an existing contract with Water Workforce, Inc. to provide utility support and management services.

In April 2024, a Request for Qualifications (RFQ) was released for consultants to provide quality trained personnel with proper certification for utility support and management services.

The RFQ included providing an implementation plan for managing projects, an approach to control project budget, consultant’s quality control and quality assurance process, past project experience and list of qualified personnel.

City Council City Council Regular Meeting 148
Discussion and Analysis:

The RFQ was received in May 2024 and reviewed from the following firms:

1 .

WaterWorks Technology, Inc.

2. Operational Technical Services, LLC

3. Aqua Link Solutions, Inc.

4. Project Partners

Staff interviewed the top three (3) firms to assess their proposed project teams and overall project management philosophies. Based on the evaluation of the Request for Qualifications (RFQ) submissions and interview results, staff recommended awarding the contract to Operational Technical Services, LLC.

The contract was originally scheduled to begin in January 2025; however, a bid protest was filed, resulting in the hiring process being placed on hold pending response to the protest letter. Consequently, on December 17, 2024, the City amended its existing contract with WaterWorks Technology, Inc., extending the contract term through December 31, 2025, to ensure continuity of service during the review process.

The bid protest investigation
concluded in August 2025, determining that the City of Lynwood complied with all applicable procurement procedures in the firm selection process.

Staff recommends that the City Council reject all bids for the following reasons:

1. The length of time that has passed from when the RFP was issued April 2024;

2. Due to budget structural deficit it is in the City's best interest to evaluate and perform a cost benefit analysis of the most efficient and cost effective to provide the service, in-house vs. outsourcing.

Fiscal Impact:

Funding for the contract extension with Waterworks Technology, Inc. through December 2025 has been allocated from the following accounts:

6051.45.450.62015 – Water Fund/Oversight of Water Operations - $124,920 City Council City Council Regular Meeting 149
Resolution - Water_Dept_Staffing_Rejecting_Bids.docx
6051.45.460.62015 – Sewer Fund/Oversight of Sewer Operations - $ 83,280

The total amount of the contract is for $208,200, and no additional appropriation is needed.

Coordinated With:

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

Description
City Council City Council Regular Meeting 150

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING

ALL BIDS FOR UTILITY SUPPORT AND MANAGEMENT SERVICES FOR THE

PUBLIC WORKS DEPARTMENT
WHEREAS, the City utilizes outside consultants to provide water and sewer operations and management services for the City’s Utilities Division; and WHEREAS, in May 2024 the City released a Request for Qualifications (RFQ) for a consulting firm to provide utility support and management services; and WHEREAS, Staff interviewed three (3) firms and recommended award in October 2024; and
WHEREAS, a bid protest was filed, leading to a bid protest investigation; and WHEREAS, due to the investigation, the City amended Waterworks Technology, Inc.’s contract extending the term to December 31, 2025; and WHEREAS, the bid protest investigation concluded in August 2025, determining that the City of Lynwood complied with all applicable procurement procedures in the firm selection process; and
WHEREAS, based on the investigation’s findings and current project needs, staff recommends that the City Council reject all bids; and
WHEREAS, funds for this work are budgeted in each fiscal year’s Water and Sewer Expense 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 incorporates said recitals fully into this resolu tion as substantive findings.

Section 2. The City Council reject the bids received on May 24, 2024, for the On-call Professional Staffing Services for the Utilities Division.

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 R esolution and enter it into the book of original resolutions , and it shall become effective immediately upon its approval.
151

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 18h day of November 2025.

________________________________
Rita Soto, Mayor

ATTEST:

________________________________
Maria Quiñonez,
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

________________________________ ________________________________ Noel Tapia, Gabriel A. Gonzalez
City Attorney Interim City Manager

152

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quiñonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 18th day of November 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________ Date: ______________________ Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quiňonez, 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 18th day of November 2025.

_______________________ Date: ______________________
Maria Quiňonez,
City Clerk
153

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo, P.E., Director of Public Works
SUBJECT:

APPROVAL OF THE PROJECT SPECIFICATIONS AND

AUTHORIZATION TO ADVERTISE THE NOTICE INVITING BIDS (NIB)

FOR THE LYNWOOD NATATORIUM POOL RESURFACING PROJECT
(CIP PROJECT NO. 4011.68.113)
Agenda Item # 9.7.

Recommendation:

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

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

PROJECT SPECIFICATIONS, AND AUTHORIZING THE ADVERTISEMENT OF THE

NOTICE INVITING BIDS (NIB) FOR THE LYNWOOD NATATORIUM POOL RESURFACING PROJECT (CIP PROJECT NO. 4011.68.113)”
Background:

The Lynwood Natatorium is one of the City’s premier recreational facilities, providing swim lessons, aquatic fitness, and community swimming programs that serves the Lynwood residents.

The City has identified the need for immediate repairs and facility upgrades at the Natatorium to ensure safe public use. The improvements consist of addressing critical repairs and modernization of facility systems and amenities to ensure the facility remains safe, energy- efficient, and welcoming to all users.

City Council City Council Regular Meeting 154
The Natatorium pool resurfacing project is part of a larger renovation effort aimed at enhancing the facility for the benefit of the community. The scope of work includes the resurfacing the bottom of the pool to address cracks, stains, and surface wear. This work will consist of proving all necessary supervision, labor, materials, equipment, machinery, and management required to complete the resurfacing of the Lynwood Natatorium pool.

The project activities will include, but are not limited to, the following tasks:

Coordination with the Los Angeles County Health Department to ensure compliance with all applicable health and safety requirements.

Removal of the existing interior pool coating and finish through sandblasting.

Replacement of any damaged or deteriorated pool tiles.

Application of a new white pool paint finish with black lane markings.

Preparation, repair, and repainting of the pool overflow gutter.

All work shall be performed in accordance with applicable industry standards, safety regulations, and the City’s quality expectations to ensure the long-term durability and enhanced appearance of the facility.

Discussion and Analysis:

Staff prepared the Natatorium resurfacing specifications and contract documents to advertise the Notice Inviting Bids (NIB) in accordance with the Lynwood Municipal Code (LMC) Chapter 6 Subsection 6-3.

The Notice Inviting Bids specifications indicate that the contractor shall complete all work in approximately (30) Calendars Days. Upon council approval and authorization, staff will upload the proposal documents for advertisement on PlanetBids where bidders will be able to view and download the project documents, addendums (if any), and submit their bid proposal for review. The lowest responsible bidder will then be recommended to City Council for awarding of the project.

The bidding schedule is as follows:

Release Date:

November 19th, 2025

City Council City Council Regular Meeting 155
Last Date to Submit Questions:

December
01th, 2025

RFI Response Posted

December
08th, 2025

Bid Due Date:

December 22, 2025 - 10:00 a.m. (PST)

City Council Awarding Date:

January 20, 2026

Project Budget

The estimated project expenditures are as follows*:

Engineer Estimated Construction Cost
$300,000
Contingency (10%)
$30,000
Construction Management & Inspection (10%)
$30,000
Labor Compliance and other related cost (5%)
$15,000
Project Management (5%)
$15,000
Total Estimated Construction Cost
$390,000
* This may change based on the outcome of the actual bids.

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

Fiscal Impact:

The table below shows the approved overall project budget:

Funding Source
Amount
(3533) Specified Capita Grant
$1,361,032
City Council City Council Regular Meeting 156

11.4.25 Auth to Adv Pool Resurface (Reso).docx
As-Built Attachment.pdf
Natatorium Pool Resurface Specs.docx
(9055) 2019 Lease Revenue
Bond
$2,089,608
Total
$3,450,640

The project has an approved construction budget of $3,450,640 for improvements at the Natatorium for FY 24/25, and no additional appropriation is required.

Coordinated With:

Coordination With:

City Manager’s Office
Department of Finance and Administration Services

ATTACHMENTS:

PROJECT SPECIFICATIONS AND NOTICE INVITING BIDS

RESOLUTION
ATTACHMENTS:

Description
City Council City Council Regular Meeting 157
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING THE PROJECT SPECIFICATIONS, AND AUTHORIZING

THE ADVERTISEMENT OF THE NOTICE INVITING BIDS (NIB) FOR THE

LYNWOOD NATATORIUM POOL RESURFACING PROJEC T (CIP
PROJECT NO. 4011.68.113)

WHEREAS, Public Works staff determined the Natatorium Pool required resurfacing in preparation for the re-opening of the facility; and

WHEREAS, City staff prepared bid specifications and a Notice Inviting Bids (NIB) for advertisement of the project; and

WHEREAS, the Project scope of work includes providing all necessary supervision, labor, materials, equipment, machinery, and management required to complete the resurfacing of the Lynwood Natatorium pool.

The project activities will include, but are not limited to, the following tasks:

 Coordination with the Los Angeles County Health Department to ensure compliance with all applicable health and safety requirements.
 Removal of the existing interior pool coating and finish through sandblasting.  Replacement of any damaged or deteriorated pool tiles.  Application of a new white pool paint finish with black lane markings.  Preparation, repair, and repainting of the pool overflow gutter.

WHEREAS, it is estimated that the project will take thirty (30) calendar days to complete the work set forth in the proposal; and

WHEREAS, the bid period is from November 19, 2025, through bid opening day, December 22, 2025, at 10:00 AM; and

WHEREAS, the budget includes $3,450,640 of the following funds for this project:
2019 Lease Revenue Bonds - $2,089,608, Specified Capita Grant – $1,361,032; and

WHEREAS, the estimated construction cost is $390,000; 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.

158
2 Section 2. That the City Council approves the specifications for the Installation of the Lynwood Natatorium Pool Resurfacing Project. (CIP Project No. 4011.68.113).

Section 3. That the City Council authorizes staff to solicit a Notice Inviting Bids for the Installation of the Lynwood Natatorium Pool Resurfacing Project. (CIP Project No. 4011.68.113).

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

(Signatures on Next Page)
159
3 PASSED, APPROVED and ADOPTED this 18th day of November 2025.

Rita Soto
Mayor

ATTEST:

Maria Quinonez
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Gabriel A. Gonzalez
City Attorney Interim City Manager
160
4 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

Maria Quinonez, City Clerk
161
162
163
City of Lynwood

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT SPECIFICATIONS AND NOTICE INVITING BIDS

PROJECT No. 4011.68.113

Public Works Department

Bid Date: DECEMBER 22, 2025 @ 10:00 A.M.

PREPARED BY: City of Lynwood
164
i

Rita Soto
MAYOR

Gabriela
Camacho
Mayor Pro-Tem
Juan Muñoz-Guevara
Council Person

Luis Cuellar
Council Person
Lorraine Moore
Council Person

Gabriel A. Gonzalez
City Manager

Rita Montalvo, P.E.

Director of Public Works
165
ii

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

IN THE CITY OF LYNWOOD, CALIFORNIA

PROJECT NO. 4011.68.113

Bids Due by December 22, 2025 at 10:00 AM

Prepared By:

CITY OF LYNWOOD
166

CITY OF LYNWOOD

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

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

Engineer: Rita Montalvo, P.E.

Title: Director of Public Works
Name of Firm or Agency: City of Lynwood

The bidding schedule is as follows:

Release Date: November 19, 2025

Last Date to Submit Questions: December 01, 2025

RFI Response Posted December 08, 2025

Bid Due Date: December 22, 2025 - 10:00 a.m. (PST)

City Council Awarding Date: January 20, 2026

167
iv

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 General, Terms, Definitions, Abbreviations, Units of Measure, and Symbols

2.2 Scope of the Work

2.3 Control of the Work

2.4 Control of Materials

2.5 Legal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 Measurement and Payment

2.8 Facilities for Agency Personnel

2.9 City Standards, Standard Plans and Drawings
- Existing Improvements (Section 400 – Protect and Restoration) - Temporary Traffic Control (Section 600—Access)

PART 3 -- TECHNICAL PROVISIONS
PART 4 -- APPENDICES
Section 4.1 Appendix A – Department of Industrial Relations (DIR) Contractor Registration Number Form
168
v

4.2 Appendix B – Contract Change Order (CCO) Form

4.3 Appendix C – Substitution Request Form

4.4 Appendix D – Labor Code Sections 1771, 1775, 1777.5, 1813 and 1815

4.5 Appendix E – Engineering and / or Architectural Plans (As-Built Drawings)
169
Part 1 BD - 1

CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

PART 1 - BIDDING AND CONTRACTUAL

DOCUMENTS AND FORMS

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

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

Section 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

****************
170
Part 1 BD - 2

CITY OF LYNWOOD

1.1 NOTICE INVITING BIDS

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

1.1.1 NOTICE IS HEREBY GIVEN that bids for the LYNWOOD NATATORIUM POOL RESURFACING PROJECT will be received by the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262 until December 22, 2025 @ 10:00 A.M., 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. The Contractor is required to submit an “eBid” through the PlanetBids online platform.

All Questions should be addressed to the attention of Rita Montalvo (Director of Public Works) on PlanetBids by December 01, 2025 @ 5:00 P.M.

1.1.2 WITHDRAWAL OF BIDS. No Bidder shall withdraw its bid for a period of sixty (60) days after the Bids have been publicly opened, subject to the exceptions set forth in Section 5103 of the California Public Contract Code. This sixty (60) day review period may be extended upon the 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:

Proving all necessary supervision, labor, materials, equipment, machinery, and management required to complete the resurfacing of the Lynwood Natatorium pool.

The project activities will include, but are not limited to, the following tasks:

The Work is to be completed before the expiration of thirty (30) CALENDAR DAYS from the date specified in a written “Notice to Proceed” from the City.

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 171
Part 1 BD - 3
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 material data submittals payment and performance bonds and proof of insurance and endorsements as specified in the Contract Documents.

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

1.1.6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid, unexpired Class C-53 Contractor 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.

1.1.7 a NOTICE REQUIREMENTS:
a. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725 .5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

b. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless regi stered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

c. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

d. The contractors 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 172
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1.1.9 NON-MANDATORY PRE-BID MEETING: There will be no Pre -Bid Meeting for this project. Bidders should familiarize themselves with the project site and contract documents prior to submitting a bid. Any Questions should be addressed to the attention of Rita Montalvo (Director of Public Works) on PlanetBids by December 9, 2025 @ 5:00 P.M.

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: December 22, 2025
City of Lynwood

Rita Montalvo, P.E.

Public Works Director

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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 performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents.

(b) 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 Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder.

(c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions.

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(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 adequacy 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.

(i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Section; that without exception the Bid is premi sed upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work.

1.2.5 INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents shall be in writing and hand-delivered or mailed to the Engineer at the City of Lynwood, 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 175
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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. 176
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(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.

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.
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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 Bidder is responsible and has submitted a responsive bid, the Engineer shall rep ort 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 addition al relevant evidence bearing on their responsibility or bid responsiveness within seven (7) calendar days after the Bidder(s) receive such notice.

(f) Determinations and findings of the Engineer shall be reported as 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 the Apparent Lowest Bidder must be submitted in writing to the City Engineer no later than 5:00 p.m. on the third (3rd) business day following the date of the bid opening.

(b) The initial protest must contain a complete statement of the basis for the protest.

The protest must state the facts and refer to the specific portion of the document 178
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or the specific statute that forms the basis 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 represent ing the protesting party.

(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.
(e) The procedure and time limits set forth in this Section are mandatory and are the bidder’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 challenge 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 protest, but may do so at the option of the Engineer, or if otherwise legally required. At the time of the City Council’s consideration of the recommendation for award of the bid, the City Cou ncil 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 Bids 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.
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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 lowest responsible bidder to execute the Agreement, each such bidder's Bid Security shall be likewise forfeited to the City.

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

1.2.20 OTHER CONTRACT PROVISIONS.

 The bidder’s attention is directed to other contract provisions in the Appendices section of these Contract Documents, which must be observed in the preparation of the proposal form and the submission of the bid.

END OF INSTRUCTIONS TO BIDDERS
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CITY OF LYNWOOD

1.3 BID DOCUMENTS

The following listed documents, identified in the lower right corner as "Bid 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.
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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 specified or indicated in said Contract Documents entitled:

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

CITY OF LYNWOOD PROJECT NO.
4011.68.113
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.

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

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

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

Number 1 Date

Number 2 Date

Number 3 Date

Number 4 Date

Number 5 Date

Number 6 Date

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary.
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In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification:

I am aware of the provisions 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 provisions of that Code, 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:
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1.3.2 UNIT PRICE BID SCHEDULE

Schedule of Prices for the Construction of the:

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

City of Lynwood PROJECT NO.
4011.68.113

BASE BID SCHEDULE

Item
No.

Unit Price Bid Item Estimated
Quantity
Unit Unit
Price
Item Amount
1 Mobilization / Demobilization 1 LS $ $
2 Health Department drawings and permit 1 LS $ $
3 Remove existing pool painted finish by
sandblasting. Clean and prepare for paint 11,000 SF $ $ 4 Install new primer and white pool paint 11,000 SF $ $ 5 install 158’ Long x 13” Wide black paint Lane
lines with T-mark on both ends 7 EA $ $
6 Install 3’ x 3’ x 12” wide black paint
Cross Wall Targets 14 EA $ $
7 Install 59’ Long x 4” Wide black paint
4’-6” Depth Band Lines 2 EA $ $
8 Prepare and clean overflow gutter and install
new white pool paint 430 LF $ $
9 Replace any damaged or missing return covers 10 EA $ $ 10 Replace any damaged or missing 3” x 3”
waterline tiles and 6” x 3” cap tiles 40 EA $ $
TOTAL AMOUNT BASE BID IN FIGURES $
TOTAL BID PRICE:
$ (Price in Figures)

(Price in Words)
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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.
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INFORMATION REQUIRED OF BIDDER

1.3.3 LIST OF SUBCONTRACTORS

As required under Section 4100 et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of one percent of the Contractor’s Total Bid Price, or ten thousand dollars ($10,000), whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor.

After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted.

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

Subcontractor
Contractor's

Percent

Work to be Performed
License
Number
of Total
Contract

Subcontractor's Name & Address

1. 2.

3. 4.

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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 works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.”

RESPECTFULLY SUBMITTED:

Contractor Name

Signature Address

City, State, Zip Telephone (with area code)

Title Date

Contractor's License No. Type of License

Federal I.D. No.

(SEAL--if Bid is by a corporation)

ATTEST
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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:
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1.3.6 BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and
as Surety, are
hereby held and firmly bound unto the City of Lynwood, a California Municipal Corporation, (hereinafter referred to as the “City”) in the penal sum of

DOLLARS
($ ), being not less than ten percent (10%) of the Total 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. 4011.68.123, entitled:

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

NOW, THEREFORE,

a. If said Bid shall be rejected, or

b. If said Bid shall be accepted and the Principal shall execute and deliver to the City a contract in the form of agreement set forth in the Contract Documents (properly completed in accordance with said Bid) within ten (10) calendar days after receipt of same from City, and shall, within the time and manner set forth in the Contract Documents, furnish a Bond for his/her faithful performance of said contract and for the 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 effect; 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 such extension. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the court.
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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 Title

(Corporate Seal) (Corporate Seal)

IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the Work or Pro ject 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
or Representative in California
if different from above)

(Telephone Number of Surety and Agent
or Representative in California)
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1.3.7 BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete and attach all items may cause the Bid to be rejected as non-responsive.

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

2. CONTRACTOR'S Telephone Number: ( )
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

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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

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

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

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

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

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

15. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. 192
Part 1 BD - 24

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

BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance requirements set forth in Subsection 1.4.4 of the Bidding and Contractual Documents and Forms, Subsection 2.7.2 of the Special Provisions and elsewhere in the Contract Documents. Should the Bidder be awarded the contract for the Work, Bidder further certifies that it can meet all i nsurance requirements set forth in the Contract Documents, including, but not limited to, providing or requiring insurance coverage for subcontractors; naming of City as an additional insured, and providing waivers of subrogation. Bidder acknowledges and understands that all cost associated with providing and maintaining the required insurance coverage 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 required by the Contract Documents within ten (10) calendar days of receipt of the Notice of Award. Bidder acknowledges that failure to provide C ity 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:
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1.4.1 CITY OF LYNWOOD AGREEMENT

FOR CONSTRUCTION OF PROJECT NO. 4011.68.113
ENTITLED “LYNWOOD NATATORIUM POOL RESURFACING
PROJECT”

This agreement (the “Agreement”) 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 and Contractor are sometimes
hereinafter referred to individually as a “Party” and collectively as the “Parties.”

R E C I T A LS
City and Contractor, based upon the mutual promises contained herein, do hereby agree as follows:

I. CONTRACT DOCUMENTS

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

A. Notice Inviting Bids, Dated November 22, 2025
B. Instructions to Bidders.

C. Addenda.

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

1. Bid Schedule(s)

2. List of Subcontractors

3. Anti-Trust Claim

4. Non-Collusion Affidavit

5. Bidder’s General Information

6. Bid Bond (Bid Security Form)

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

F. Performance Bond.

G. Certificates/Proof of Insurance and Endorsements.

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

I. Notice of Award dated .

J. Notice to Proceed dated .

K The Plans (Contract Drawings).

L. Special Provisions
M. Standard Specifications for Public Works Construction, “Greenbook” latest Edition.
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Part 1 BD - 26
N. Appendices A through H of the Contract Documents.

O. Reference Specifications.

P Approved and Fully-Executed Change Orders.

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

II. CONTRACT PRICE

The City agrees to pay, and the Contractor agrees to accept as full payment for the Work outlined in the Contract Documents, the Contract Price of Dollars ($ )
subject to additions and deductions, if any, made in accordance with said Contract Documents. Progress payments shall not be made more often than once each thirty (30) days, nor shall pro gress 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 the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance.

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

III. BONDS

Within ten (10) calendar days of receiving the Notice of Award and prior to Contractor’s commencement of the Work, Contractor shall furnish to City, using the forms set forth in the Bid Documents, a Labor and Materials Payment Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price, said bonds to be in conformance with the Contract Documents, including but not limited to, the General Specifications and Subsection 2.2.2 of the Special Provisions.

IV. INDEMNITY

Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its respective elected and appointed boards, officials, officers, agents, employees, representatives and volunteers (individually and collectively ref erred to hereinafter as “Indemnitees”) free and harmless from any and all claims, demands, causes of action, 195
Part 1 BD - 27

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 arisin g out of or in connection with the performance of the Work or this Agreement, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such suit, action or other legal proceeding.

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

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

V. INSURANCE

Without limiting Contractor’s indemnification of Indemnitees as set forth in Section IV of this Agreement, Contractor shall obtain, provide and maintain, at its own expense, the types and amounts of insurance described in Subsection 2.7.2 of the Special Provisions of the Contract Documents. Such insurance shall be in force prior to Contractor commencing any Work under this Agreement and shall remain in force for the duration of this Agreement and for any other such period as may be required herein. Contractor shall provide proof of the required insurance coverage and the endorsements specified in Subsection 2.7.2 of the Sp ecial Provisions within ten (10) calendar days of receipt of the Notice of Award.

VI. INELIGIBLE SUBCONTRACTORS

In accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not perform any work und er this Agreement with a subcontractor who is ineligible to perform work on a public works contract pursuant to Sections 1777.1 and 1777.7 of the California Labor Code. Contractor further acknowledges that any contract on a public works project entered int o between a contractor and debarred subcontractor is void as a matter of law, and a debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been pa id to a debarred subcontractor by a Contractor for work performed on this Project shall be 196
Part 1 BD - 28

returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who have been allowed to work on the Project.

VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES

The Contractor shall commence the Work required by this Agreement within ten (10) calendar days of the date specified in the Notice to Proceed from the City and shall complete all Work as spec ified in the Contract Documents within Thirty (30) CALENDAR DAYS from the date in said Notice.

City and Contractor have discussed the provisions of Government Code Section 53069.85 and the damages that may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within t he number of calendar days allowed. Accordingly, City and Contractor agree that the sum of $500.00 per calendar day is a reasonable sum to assess as Liquidated Damages to City by reason of the failure of Contractor to complete the Work within the time specified.

VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861

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

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

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

X. SUBSTITUTION OF SUBCONTRACTORS

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

The statement shall then be sent to the Contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to the Contractor prior to the City’s acceptance of the Project. 197
Part 1 BD - 29

XI. LICENSES

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

Contractor shall be liable for all City's costs incurred to complete the Work under this Agreement in the event of such termination.

XII. EMPLOYMENT DISCRIMINATION PROHIBITED

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

XIII. PREVAILING WAGES

The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

Since the work co vered by this Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws as set fort h in the foregoing statutes and in the Special Provisions of the Contract Documents.

XIV. AUTHORITY TO EXECUTE

The person or persons executing this Agreement on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Ag reement 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 assigned by Contractor, in whole or in part, without the prior written consent of the City. This Agreement and any dispute arising hereunder shall be governed by the law of the state of California.
198
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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: Director of Public Works Attn:
11750 Alameda Street
Lynwood, CA 90262
Fax No. (310) 635-0493 Fax No.

XVII. ATTORNEYS FEES

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

XVIII. WARRANTY

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

XIX. ENTIRE AGREEMENT, WAIVER AND MODIFICATION

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

IN WITNESS WHEREOF , each of the P arties 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.
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CITY OF LYNWOOD CONTRACTOR

LEGAL NAME OF FIRM

By:

Rita Soto
By:

Signature of Chairman of Board,
Mayor President, or Vice President

Attest:

(Typed/Printed Name)

By:

Maria Quiñónez (Title)
City Clerk

By:

Signature of Secretary, Assistant
Approved as to Form: Secretary, CFO, or Assistant
Treasurer

By:

Noel Tapia (Typed/Printed Name)
City Attorney

(Title)

[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
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1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into an Agreement dated (referred to hereinafter as the “Agreement”) with
(hereinafter designated as “Contractor” or "Principal"), for construction of, LYNWOOD NATATORIUM POOL RESURFACING PROJECT No. 4011.68.113 (hereafter referred to as the “Project”).

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

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

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the undertakings, terms, covenants, conditions and agreements set forth in the Agreement and any alteration thereof made as therein provided, on his/her or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers, officials, employees, authorized agents and volunteers, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought on this bond, said Surety will pay to City a reasonable attorney's fee to be fixed by the Court. 201
Part 1 BD - 33

As a condition precedent to the satisfactory completion of the Agreement, unless otherwise provided for in the Agreement, the above obligation shall hold good for a period of one (1) year after the acceptance of the Work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and repla cements 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 t he City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

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

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

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

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

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to the Project or to the Work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the Project, or to the Work or to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code. 202
Part 1 BD - 34

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

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

PRINCIPAL:
(seal)

SURETY:
(seal)

By
Attorney-in-Fact

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

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

Any claims under this bond may be addressed to:

(Name and Address of Surety) (Name and Address of Agent/Representative in California if different)

(Telephone Number of Surety/Agent
Or Representative in California
203
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STATE OF CALIFORNIA )
) ss.

COUNTY OF )

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

Signature of Notary Public in and for said State

(SEAL)

My commission expires on:

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

CERTIFICATE AS TO CORPORATE PRINCIPAL

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

Signature of Corporate Principal
204
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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 LYNWOOD NATATORIUM POOL RESURFACING PROJECT No. 4011.68.113

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

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same; shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code.
205
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No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

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

PRINCIPAL:
(seal)

SURETY:
(seal)

By
Attorney-in-Fact

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

Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of Agent/Representative in California if different)

(Telephone Number of Surety/Agent
or Representative in California)

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
206
Part 1 BD - 38

Signature of Notary Public in and for said State

(SEAL)

My commission expires on:

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

CERTIFICATE AS TO CORPORATE PRINCIPAL

Signature of Corporate Principal

(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 the City. The required insurance shal l be provided by the Contractor in conformance with the requirements of Subsection 2.7.2 of the Special Provisions and may include the following:

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

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

Within ten (10) calendar days after receipt of the Notice of Award, Contractor shall furnish to the City for approval as to sufficiency and form, certificates of insurance and original endorsements evidencing the required coverage set forth in Subsection 2.7.2 of the Special Provisions. Endorsements and certificates are to be signed by a person authorized by the insurer to bind coverage on the insurer’s behalf. If the insurance called for is provided by more than one company, a separate certificate and the requi red endorsements shall be provided by each company.

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

Failure to provide City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award, may result in withdrawal of award and forfeiture of the Bidder's Bid Security. 208
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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 Ge neral Prevailing Wages Rates may be adjusted throughout the term of this Agreement.

Notwithstanding any other provision of this Agreement, Contractor shall not be entitled to any adjustment in compensation rates in the event there are adjustments to the General Prevailing Wages Rates.

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

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

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

D. Audit Rights . All records or documents required to be kept pursuant to this Agreement to verify compliance with the Wage Requirement shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for a udit 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.

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 209
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with the Wage Requirement and to submit certain documentation to the City establishing its compliance with such requirement. (“Documentation Provision.”) CONTRACTOR further acknowledges the City has determined that the Wage Requirement promotes each of the following (collectively “Goals”):
a. It protects public job opportunities and stimulates the City’s economy b y reducing the incentive to recruit and pay a substandard wage to labor from distant, cheap-labor areas.
b. It benefits the public through the superior efficiency of well -paid employees.
c. It increases competition by promoting a more level playing field among contractors with regard to the wages paid to workers.

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

WITHOLDING OF PAYMENT: CONTRACTOR agrees that the Documentation Provision is critical to the City’s ability to monitor CONTRACTOR’s compliance with the City’s public wage obligations. CONTRACTORS further agrees its breach of the Documentation Provision or general public wage obl igations results in the need for additional enforcement action to verify compliance with this Addendum. In light of the critical importance of the Documentation Provision, the City and CONTRACTOR agree that CONTRACTOR’s compliance with this Addendum is an express condition of City’s obligation to make each payment due to the CONTRACTOR pursuant to this Agreement.

THE CITY IS NOT OBLIGATED TO MAKE ANY PAYMENT DUE THE

CONTRACTOR UNTIL CONTRACTOR HAS PERFORMED ALL OF ITS
OBLIGATIONS UNDER THESE PROVISIONS. THI S PROVISION MEANS

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

Any payment by the City despite CONTRACTOR’s failure to fully perform its obligations under these provisions shall not be deemed t o be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Documentation Provision or public wage obligations of the Contractor and the City. 210
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CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS
PART 2 - SPECIAL PROVISIONS

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

Section 2.1 General, Terms, Definitions, Abbreviations, Units of Measure, and Symbols

2.2 Scope of the Work

2.3 Control of the Work

2.4 Control of Materials

2.5 Legal Relations and Responsibilities

2.6 Prosecution and Progress of the Work

2.7 Measurement and Payment

2.8 Facilities for Agency Personnel

2.9 City Standards, Standard Plans and Drawings
- Existing Improvements (Section 400 – Protect and Restoration) - Temporary Traffic Control (Section 600—Access)

* * * * *
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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

PART 2 - SPECIAL PROVISIONS

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

SECTION 2.1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF

MEASURE, AND SYMBOLS

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

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

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

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

2.1.2 LEGAL ADDRESS

2.1.2.1 Legal Address of the Agency. - The official address of the Agency shall be the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262, or such other address as the City may subsequently designate in written notice to the Contractor. 212
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2.1.2.2 Legal Address of the Engineer. - The official address of the Engineer shall be 11330 Bullis Road, Lynwood, California 90262, or such other address as the Engineer may subsequently designate in writing to the Contractor.

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

2.1.3 DEFINITIONS AND TERMS

2.1.3.1 Definitions and Terms. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read:

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

Board – The City Council of the City of Lynwood.

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

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

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

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

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

Total Bid Price – The full price for all the Work required to complete the Project submitted by a Bidder in the Bid Documents.

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.

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SECTION 2.2 - SCOPE AND CONTROL OF WORK

2.2 SCOPE OF THE WORK

The project consists of Furnishing and install all supervision, labor, material, equipment, machinery, and management to resurface the Lynwood Natatorium Pool. This includes Health Department coordination, remove existing interior pool painted finish by sandblasting, replace any existing damaged tiles, New white pool paint with black lane lines, and prepare and repaint overflow gutter

2-2.1 PERMITS.

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

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

2.2.2 CONTRACTOR’S SURETY WAIVER OF RIGHT OF NOTIFICATION

The following shall be added to the Standard Specifications:

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

2.2.3 CHANGES INITIATED BY THE AGENCY

The following sentence shall be added to the Standard Specifications:

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

(a) Work by Contractor. The following percentages shall be added by the City to the Contractor's costs and shall constitute the markup for all overhead and profit.

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

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

2.2.5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY

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

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

2.2.6 TESTING

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

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

2.2.7 SITE EXAMINATION

The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work. The submittal of a Bid Proposal shall be conclusive evidence that the 215
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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 responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.

2.2.8 FLOW AND ACCEPTANCE OF WATER

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

2.2.9 RECYCLING AND DIVERSION OF DEBRIS

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

2.2.10 POLLUTION CONTROL

2.2.10.1 Water Pollution Control

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

2.2.10.2 Sound Pollution Control

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

2.2.10.3 Air Pollution Control

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

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SECTION 2.3 – Control of The Work

2.3.1 SELF-PERFORMANCE.

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

The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude the Contractor’s superintendent.

Any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer.

The Contractor with the bid package shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise ful ly designate the portion of work to be performed by each subcontractor.

2.3.2 PRECEDENCE OF CONTRACT DOCUMENTS

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

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

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

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

1. Approved and Fully-Executed Change Orders

2. Agreement
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3. Addenda

4. Contractor's Bid (Bid Documents)

5. Technical Provisions

6. Special Provisions

7. General Provisions of the Standard Specifications

8. Notice Inviting Bids

9. Instructions to Bidders

10. Plans (Contract Drawings)

11. Standard Specifications

12. City Standard Plans

13. Reference Specifications

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

1. Figures govern over scaled dimensions.

2. Detail drawings govern over general drawings.

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

4. Contract Drawings govern over Standard Drawings.

5. Contract Drawings govern over Shop Drawings.

2.3.3 SUBMITTALS

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

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

2.3.4 SUBSURFACE DATA

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

Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available by the City for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data," the Contractor may not rely upon or make any claim against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:
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Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contr actor and safety precautions and programs incident thereto, or

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

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

2.3.5 PERMANENT SURVEY MARKERS

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

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

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

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

2.3.6 SURVEY SERVICE

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

The Contractor shall hire and pay for the services of a California Licensed Land Surveyor to perform all work necessary for establishing control, construction staking, records research, and all other surveying work necessary to perform the Work; and to provide other surveying services, if required by the Contract Documents, in accordance with the 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. 219
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Payment for work performed to satisfy the requirements of surveying shall be included by Contractor in its bid for any items requiring the survey work and no additional payment will be made by City to Contractor therefor.

2.3.7 INSPECTION

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

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

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

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SECTION 2.4 - CONTROL OF MATERIALS

2.4.1 MATERIALS

2.4.1.1 GENERAL.

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

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

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

2.4.2 TRADE NAMES OR EQUALS

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

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

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

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

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

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

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

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

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SECTION 2.5 – Legal Relations and Responsibilities

2.5.1 LABOR

2.5.1.1 General.

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

The Contractor, and all subcontractors, suppliers, and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the labor Code, as provided in Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing rates as established by the Director of Industrial Relations of the State of California. The Contractor shall not pay less than these rates.

2.5.2 INSURANCE.

2.5.2.1 General Liability Insurance.

The liability insurance coverage values are hereby amended to be:

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

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

2.5.3 SAFETY.

2.5.3.1 Work Site Safety.

2.5.3.2 General.

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

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such 223
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steps and precautions as its operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public services, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work, which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

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

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

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SECTION 2.6 – PROSECUTION AND PROGRESS OF THE WORK

2.6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

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

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

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

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

2.6.2 TIME OF COMPLETION

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

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

THIRTY (30) CALENDAR DAYS

from the date specified in a written Notice to Proceed from the City.

2.6.3 DEFAULT BY CONTRACTOR

2.6.3.1 The provisions Subsection 6-7 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor:

The Agreement may be cancelled by the City Council without liability for damages, upon the City Council’s determination that the Contractor is not complying in good faith with the terms of the Agreement, has become insolvent, or has assigned or subcontracted any part of the Work without the City Council’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Unit Prices or lump sums bid and the quantity of Work completed at the time of cancellation. Any damages sustained by the City due to acts or omissions of the Contractor will be 225
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subtracted from this amount. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of the Agreement for any of the reasons specified in this paragraph. If the City declares the Agreement canceled for any of the reasons specified in this paragraph, written notice to that effect shall be served by the City via personal delivery or by certified mail (return receipt requested) upon Contractor’s Surety. The Surety shall, within five (5) working days after receiving the written notice, assume control and perform the work as successor to the Contractor.

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

If the Contractor or its Surety does not comply with such notice within five (5) working days after receiving it, or fails to continue after starting to comply, the City may exclude the Contractor and/or its Surety from the premises and take possession of all material and equipment. The City may complete the Work in any manner consistent with applicable California law, including but not limited to use of its own forces, or by letting the unfinished work to another Contractor.

In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Agreement are insufficient, the Contractor or Surety shall pay to the City, within five (5) working days after the completion of the unfinished work, all costs in excess of the sums due.

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

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

2.6.4 DAYS DESIGNATED AS HOLIDAYS BY THE CITY OF LYNWOOD

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

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

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

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

Presidents’ Day Columbus Day
Veterans’ Day

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

2.6.5 LIQUIDATED DAMAGES

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

2.6.6 TIMES OF OPERATION

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

1. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools

2.6.7 NOTIFICATION

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

AT&T (310) 515-2419
City of Lynwood (310) 603-0220
City of Lynwood Water & Sewer (310) 603-0220, Ext. 800
Consolidated Disposal Services (trash collection) (562) 577-6277 227
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Los Angeles County Fire Department (Sta. 147) (310) 605-5670 Los Angeles County Fire Department (Sta. 148) (310) 603-5270 L.A. County Public Works/Flood Control (626) 458-5100
Los Angeles County Sheriff’s Department (323) 508-4800
MV Transportation, Inc. (bus service) (562) 259-9911
Lynwood Unified School District (310) 605-5670
Park Water Company (562) 923-0711
Southern California Edison (800) 655-4555 or (310) 608-5005 Southern California Gas (310) 605-7909
Time Warner Cable (562) 259-2015 or (888) 892-2253
Underground Service Alert (800) 227-2600
U.S. Postal Service (800) 275-8777

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

2.6.8 CONSTRUCTION SCHEDULE

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

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

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

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

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

2.6.8.4 Submittal Procedures. - Within twenty (20) working days of execution of the Agreement by all parties, and within ten (10) working days of the Engineer's written request at any other time, the Contractor shall submit the schedule and schedule reports in the form specified herein. The Contractor, if requested by the Engineer, shall provide revised network diagrams and schedule reports if at any time the Engineer considers the completion date to be in jeopardy because of "activities behind 228
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schedule." Such additional network diagrams and reports shall include a new arrow or precedence diagram and schedule reports conforming to the requirements of Subsection 2.6.8.7 of these Special Provisions, showing how the Contractor intends to accomplish the Work to meet the completion time specified. The form and method employed by the Contractor shall be the same as that required for the initial schedule submittal.

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

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

2.6.8.7 Approved Standards. -

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

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

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

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

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

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

2.6.8.7.4 Duration Estimates. - The duration estimates indicated for each activity shall be computed in working days, converted to calendar days, and shown on the construction schedule in calendar days, and shall represent the 229
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single, best estimate considering the scope of the Work and resources planned for the activity. Except for certain non-labor activities, such as curing of concrete, paint drying, procurement, or delivering of materials, activity duration shall not exceed ten (10) working days [fourteen (14) calendar days] nor be less than one (1) working day, unless otherwise accepted by the Engineer.

2.6.8.7.5 Schedule Reports. - Schedule Reports shall be prepared from the initial construction schedule and from all subsequent revisions of the schedule.

As a minimum, Schedule Reports shall contain the following data for each activity:

1. Activity numbers (or i-j numbers)

2. Estimated activity duration

3. Activity description (including procurement items)

4. Early Start date (calendar dated)

5. Early Finish date (calendar dated)

6. Late Start date (calendar dated)

7. Late Finish date (calendar dated)

8. Status (whether critical)

9. Total Float for each activity

10. Free Float for each activity

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

1. Project name

2. Contractor name

3. Sequence or revision number or date

4. Project duration

5. Scheduled completion date

6. Date of commencement of the Work

7. Cite new completion date, if applicable

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

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SECTION 2.7 – MEASUREMENT AND PAYMENT

2.7.1 GENERAL

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

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

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

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

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

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

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

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

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

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

2.7.2 SCHEDULING, MEASUREMENTS AND PAYMENTS

2.7.2.1 Mobilization and Demobilization: - The following paragraphs shall be added to the end of Subsection 7-3.4 of the Standard Specifications:

Measurement for payment for Mobilization and 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 listed items during the first twenty-five (25) days 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 and Demobilization,” 232
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which price shal l constitute full compensation for all such work. Payment for mobilization will be made in the form of a single, lump -sum, non -proratable payment. The Bid Item, “Mobilization and Demobilization,” 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 and Demobilization” shall include, but not be limited to, the following principal items:

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

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

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

4. Establishing fire protection system.

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

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

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

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

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

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

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

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

13. Submittal of detailed Preliminary Construction Schedule for the Engineer’s approval within seven (7) calendar days after the commencement date specified in the Notice to Proceed.
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14. Submittal of an As-Planned Construction Schedule, embodying all corrections required by the Engineer, within thirty (30) calendar days of the date of the Notice to Proceed. No payment for mobilization can be made until this has been approved and submitted.

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

16. Providing on-site communication facilities for the City and the Engineer, including telephones, radio pagers, and a FAX machine. Provide and submit to the City a detailed written summary of the actual quantities of each bid item.

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

18. Complete clean up and remediation, if required, of all haul routes utilized by Contractor’s vehicles.

19. Comply with all terms of the Construction Permit.

20. Submit complete “AS-BUILT” plans.

21. Complete the project punch list.

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

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

2.7.2.2 Traffic Control, Public Convenience & Safety. - Measurement for payment for Traffic Control, Public Convenience & Safety, will be based upon providing a designated Traffic Control Supervisor, detours for motorists, bicyclists, and pedestrians, signs, cones, delineators, barricades, flashing arrow signs, K -rail, temporary striping, flaggers, and incidentals. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the MUTCD Manual (California), Latest Edition. The completion of all planning, design, engineering, furnishing, and construction, and the removal and disposal of all such temporary sheeting, shoring, and bracing as a lump sum item, complete, as required under the provisions of any permits and in accordance with the 234
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requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code.

Payment for Traffic Control, Public Convenience & Safety, will be made at the lump sum price named in the Bid Schedule(s) under the Item, “Traffic Control, Public Convenience & Safety”, which price shall constitute full compensation for completion of all such work as required hereunder.

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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

8-1 GENERAL.

The following is hereby added to this Subsection 8-1 of the Standard Specifications:

No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor for the project in the City if so provided by the Contractor for his own personnel.

SECTION 9 – CITY STANDARDS, STANDARD PLANS AND DRAWINGS

Section 9 is hereby added to the Standard Specifications as follows:

All public improvements, construction and dedications required and described in this manual shall conform to the standards and specifications of the City. Standards, Standard Plans and Drawings of the following agencies are used by the City of Lynwood and are part of the City’s standards. Where there is ambiguity or conflict between standards over which standard shall apply, the City Engineer shall determine what shall apply, and his determination shall be final.

All construction is subject to the approval of the City Engineer.

Standard Plans – Standard Plans for Public Works Construction, SPPWC, “Latest Edition and Supplement”.

Los Angeles County Public Works Department – Graybook and all plans except those modified or replaced by City Standards.

Los Angeles County Waterworks District - Applicable water.

Los Angeles County Flood Control District - Applicable storm drains.

Sanitation Districts of Los Angeles County - Applicable sewer and manholes.

State of California – California Department of Transportation (Caltrans) Standard Specifications
and Standard Plans - Pavement markings and traffic loops.

City Standards - All applicable standard plans.

Standard Specifications - The latest edition of, and applicable amendments to, the “Standard Specifications for Public Works Construction (SSPWC).”

California Manual on Traffic Control Devices (CA-MUTCD), “Latest Edition”.

American Water Works Association (AWWA), “Latest Edition”. 236
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SECTION 400 – PROTECT AND RESTORATION

400-1 GENERAL.

The second paragraph of Subsection 400-1 of the Standard Specifications is hereby deleted and replaced with the following:

The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of the operations or as required by the Plans and Specifications.

Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor’s operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements.

Reallocations, repairs, replacements, or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements shall be included in the bid.

400-2 PERMANENT SURVEY MARKERS.

The fol lowing is added after the first paragraph of this subsection of the Standard Specifications:

The Contractor shall reset disturbed monuments and provide a Corner Record Survey filed with the County Surveyor and City engineer. Corner Record Surveys shall be completed by a Surveyor licensed in the State of California to practice surveying.

SECTION 402 - UTILITIES

402-1 LOCATION.

The agency did not perform any utility investigation. The Contractor shall be responsible to contact USA to mark all utilities and shall conduct this operation to protect all marked utilities in place. Any damaged utility line shall be repaired at the contractor sole expense. The price for protecting all utilities in place shall be considered as paid for in the various Bid items and no additional compensation shall be allowed thereafter
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TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS
600-1 GENERAL.

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

The Contractor shall notify the occupants of all affected properties in writing at least forty- eight hours (2 working days) prior to any temporary obstruction of access. Vehicular access to the property shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer.

600-2 VEHICULAR ACCESS.

There are some driveways that require replacement in order to be American with Disabilities Act (ADA) compliant. Where a property has two driveways, only one driveway at a time can be closed for replacement. Where a single driveway to a property has a considerable width, half of the driveway is to be closed, worked on and reopened for usage before the other half of the driveway can be worked on.

All driveways have to be open for access during project non-construction hours and days which may require use of plating and other devices or methods.

No driveway can be worked on until the owner/tenant has been informed in writing with five (5) working days’ notice of the scheduled work and has agreed to the planned schedule of the Contractor.

Under situations of driveway closure to pedestrians, the Contractor shall post advance notice on barricades to direct pedestrian to use the sidewalk on the opposite side of the street or the Contractor may elect to provide continuous K-rail in the curb lane to allow pedestrians to walk in the curb lane behind the K-rail. Any and all devices such as plates, barricades, K- rails and notices shall be continuously maintained for pedestrian and vehicle safety. No curb lanes shall be closed during non-working days of the week. Appropriate advance warning signs shall be continuously maintained as needed during the project. All such devices, warning signs and interruptions of normal vehicle lanes, parking lanes and pedestrian walkways shall be shown on the Traffic Control Plan for advance approval by the Agency.

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES

601-1 GENERAL.

This subsection is added to section 600-1 of the Standard Specifications:

Street closures will not be allowed except as specifically permitted by the Engineer. 238
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At the Pre-Construction meeting, the Contractor shall submit to the Engineer a detailed written plan for traffic control and construction sequencing for the project. The plan shall include drawings as necessary to clearly outline how traffic flow and pedestrian walkways will be handled during the course of construction and where detour and advance notice signs will be posted.

601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.

601-3.6 Channelizing Devices.
601-3.6.1 General.

Traffic lane transitions shall not be sharper than a taper of thirty to one.

Temporary traffic channelization shall be accomplished with barricades, K-rail sections or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed to remain on finish pavement surfaces.

In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer.

601-3.7 Traffic Sign Enhancement Devices.
601-3.7.1General.

The contractor shall include in his Traffic Control Plan use of lighted message boards to notify traffic of project and any changes in vehicle or pedestrian travel routes.

If the Contractor shall fail to provide and install any of the signs or traffic control devices ordered by the Engineer, the Engineer may either stop the work or cause such signs or traffic control devices to be placed by others and charge the cost therefor against the Contractor, and deduct same from the next progress payment

601-5 TRAFFIC LANE WIDTHS AND CLEARANCES.

601-5.2 Lane Widths.

At least one twelve-foot wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The Contractor must submit a traffic control plan to the City, signed by a registered traffic or civil engineer in the state of California, and obtain approval of same in writing from the City Engineer. The plan shall be prepared per latest edition of California Manual on Traffic Control Devices (CA-MUTCD).

601-5.3 Clearances.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. 239
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Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

Any striped roadway shall be delineated by the Contractor with temporary raised reflective markers when it is to be left un-striped overnight.

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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

PART 3 – TECHNICAL PROVISIONS

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

IN THE CITY OF LYNWOOD
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LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

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

Bid Item No. 1 – Mobilization and Demobilization (Not to exceed 5% of total of all other Prime Contract Bid Items)

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

Mobilization and demobilization shall consist of preparatory work 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 which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site.

Mobilization shall also include 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 construction 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 removal of all equipment and materials from the site, clean up and restoration of the work site at the end of project.

No additional amounts shall be paid for erosion 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 program, technology, process, citing criteria, operating method, measure, or device, which controls, prevents, removes, or reduce pollution.

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

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. 242
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BMPs for Contractor activities shall be continuously implemented throughout the year and project time period. BMPs for erosion control and sedimentation 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 commencement of any Contractor activity or construction operation, which may produce run -off, and whenever run -off from other sources may occur.

The Agency (City), as a perm ittee 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 Contractor any penalty assessed by these entities for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the Agency will deduct, from the final payment due the Contractor, the total amount of any fines levied on the Agency, plus legal and staff 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 and Demobilization shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation 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 requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work. Progress pa yments 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 mobilization administration during the entire contract period and demobilization. No additional compensation will be allowed therefor. The sum total of this Bid Item shall not exceed 5% of the total of all other Bid Items.

Bid Item No. 2 – Health Department Drawings and Permit

Lynwood Natatorium is a Public Pool for the use of the General Public as well as Lynwood Marlins Swim Team. Pool Resurfacing needs to be compl iant with Safety Regulations , Swim Ordinances , Public Pool Inspections and Public Pool Renovation Plan Approval Requirements per LA County Health Department. Contractor to coordinate with Health Department and assist the City of Lynwood for any required approvals or permits.

It is important for public health and safety that pools and their ancillary facilities that are being constructed or renovated are properly constructed. Plan reviews and approvals are a cost-effective way to ensure that public pools meet the applicable code requirements and are safe. The California Health and Safety Code, Title 22 of the California Code of Regulations, and Title 24, the California Building Code, provide the legal authority and requirements for the construction and operation of public pools.

Any person proposing to renovate, alter, relocate, construct, reconstruct, or replace a public pool or change its ancillary facilities, mechanical equipment or relat ed piping, is required to submit legible plans and specifications to the County of Los Angeles, 243
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Department of Public Health, Recreational Waters. Contractors must hold a valid California State Contractors License and work within the requirements of their c lassification as follows: C53 Pool Contractor: Licensed to build, replace, renovate, repair, and modify any pool.

Payment for Health Department Drawings and Permit shall be included in the Lump Sum (LS) Price bid and shall be considered full compensation for submitting the Public Health Permit Application – Environmental Health Division, and providing all Approvals and Permits for Pool Resurfacing per LA County Health Department; and complying with the requirements specified in those licenses and permits, coordination; and incidentals necessary to perform all related items of work.

Bid Item No. 3 – Remove Existing Pool Painted finish by Sandblasting. Clean and Prepare for Paint

Sandblasting is the process of removing the surface layers from a swimming pool using high-pressure abrasive media – silica sand, glass beads or a similar material. It is used to remove the old paint or coatings of the Pool Shell and Perimeter Gutter System as well as to take away any Calcium/ Minerals Buildup which will also hel p prep the swimming pool surface for a new paint application.

Lynwood Natatorium is the Public Swimming Pool with the Size of 164’ -1” L x 50”-0” W along with the depths varies from 3’-0” to 12’-0”. (~ 11,000 SF) There is the Existing Layer of White Paint around the Pool Shell and the Gutter System which need to be removed by Sandblasting as well as protect All Other Pool Amenities such as Grab Rails, Recessed Steps, I-Meter Driving Stand, Pool Heater, Piping/Plumbing, Wall Depth Markers, Gutter Access Hatch, Gutter Drain Pipes, Floor Inlet Fitting, Any Tiles; from the process.

Payment for Remove Existing Pool Painted Finish by Sandblasting, Clean and Prepare for Paint shall be at the contract unit price per Square Foot ( SF) and shall include full compensat ion for all labor and materials, tools, equipment, and for doing all work involved complete in place.

Bid Item No. 4 – Install New Primer and White Pool Paint

In order to provide a Long-Lasting Pool Finish, New Coatings of Primer and Pool Paint are needed for Lynwood Natatorium – Public Swimming Pool. Preferably, both of the New Primer and Pool Paint to be Epoxy which can prevent the Peeling or Flaking and also seal the cracking on the Pool Shell. Surface preparation is important before the application of the New Epoxy Paint and Primer. This can provide a tough, protective layer against water, chemicals, and prevent chalking and stripping. White plaster or fiberg lass finishes, or certain commercial-grade epoxy paints are approved for public pool use which are highly durable, resistant to pool chemicals such as chlorine, and able to withstand UV exposure and abrasion. For Lynwood Natatorium, all the Pool Shell and the Gutter System to be painted with White Pool Paint Epoxy while all the Pool Markings to be painted with Black Paint Epoxy.

Payment for Install New Primer and White Pool Paint shall be at the contract unit price 244
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per Square Foot (SF) and shall include full compensation for all labor and materials, tools, equipment, and for doing all work involved complete in place.

Bid Item No. 5 – Install 158’ Long x 13” Wide Black Paint Lane Lines with T-Mark on Both Ends

The Lane Lines with "T" Marking, or "T-line," in swimming pools is part of the lane design that helps swimmers maintain orientation and gauge their distance from the wall.

Extending horizontally from the main centerline about 5 feet before the pool’s end, it serves as a visual cue signaling that the wall is near. These markings help swimmers stay straight in their lanes and anticipate turns or finishes —particularly useful for backstroke swimmers, who rely on them to time their flip turns or final strokes.

At Lynwood Natatorium, there are (7) Lane Lines with T -Mark on Both Ends of the Swimming Pool Floor, and the size of the Lane Lines with T-Mark is typically 158’ Long x 13” Wide. All the Existing Lane Lines including “T Markings” needs to be repainted by ‘Black Paint’. Please see the Appendix G As-Built Drawings for the Reference.

Payment for Install of 158’ Long x 13” Wide Black Paint Lane Lines with T -Mark on Both Ends 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 involved complete in place.

Bid Item No. 6 – Install 3’ x 3’ x 12” Wide Black Paint Cross Wall Targets

A Cross Wall Target, also known as a "Target Line," is a marking on the end wall of a swimming lane that helps competitive swimmers perform turns. It guides swimmers in positioning their feet and body correctly for an efficient and powerful push-off during flip turns or crossover turns.

At Lynwood Natatorium, there are (14) Total Cross Wall Targets on Two Sides of the Swimming Pool End Walls. Please see the swimming pool section for your reference. The size of a Cross Wall Target is 3’ x 3’ x 12” per Targ et Detail below. All of the Existing Cross Wall Targets needs to be renovated by using new ‘Black Paint’.

Payment for Install of 3’ x 3’ x 12” Wide Black Paint Cross Wall Targets shall be at the contract unit price per Each (EA) and shall include full co mpensation for all labor and materials, tools, equipment, and for doing all work involved complete in place.

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Bid Item No. 7 – Install 59’ Long x 4” Wide Black Paint 4’-6” Depth Band Line

A depth band in a swimming pool plays a key role in promoting safety and organization.

Depth markers inform swimmers of the water’s depth, helping them avoid areas that are too deep or shallow, while also aiding lifeguards in emergencies by providing clear visual information. Color-coded wristbands identify swimmers’ skill levels, guiding where they are allowed to swim and helping staff monitor and enforce safety rules. For swimmers, these systems enhance safety awareness, support training by indicating sui table depths, and allow them to choose areas where they feel most comfortable. For pool staff and lifeguards, they improve supervision, enable quick emergency responses, and ensure that everyone swims within their appropriate limits.

At Lynwood Natatorium, there are (2) 4’-6” Depth Band Lines on Two Sides of the Swimming Pool - Side Walls. The size of the 4’-6” Depth Band Lines is typically 59’ Long x 4” Wide, and all of the Existing 4’-6” Depth Band Lines needs to be renovated by using new ‘Black Paint’.

Payment for Installing 59’ Long x 4” Wide Black Paint 4’-6” Depth Band Line 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 involved complete in place.

Bid Item No. 8 – Prepare and Clean Overflow Gutter and Install New White Pool Paint

A pool overflow gutter system is a perimeter channel that collects water as it spills over the pool’s edge. This design maintains a high, seamless water level while continuously skimming the entire surface for debris like leaves and insects. The overflow water flows through the gutter into a balancing tank, where it’s filtered and recirculated back into the pool. This system enhances aesthetics, ensures cleaner and better -circulated water, reduces wave action, and helps meet regulatory standards.

At Lynwood Natatorium, there is a perimeter Overflow Gutter and it is approximately 430 LF. This Overflow Gutter System needs to be renovated by sandblasting to remove the Existing Paint Finish in Gutter, Protecting Pool Shell as well as Drain Pipes and Repainting with ‘New White Paint’ throughout the Perimeter of the Swimming Pool. Please see the Gutter Section Detail below.

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Payment for Prepare and Clean Overflow Gutter and Install New White Pool Paint shall be at the contract unit price per Linear Foot (LF) and shall include full compensation for all labor and materials, tools, equipment, and for doing all work involved complete in place.

Bid Item No. 9 – Replace Any Damaged or Missing Return Covers

Replace all damaged or missing return floor inlet covers in the swimming pool to ensure proper circulation, safety, and compliance with applicable codes. Replacement covers shall be manufacturer -approved, matchin g existing fittings in size, color, and flow capacity, and constructed of UV -stabilized, chemical -resistant ABS, PVC, or marine - grade stainless steel. Before installation, clean and inspect each fitting, remove debris, and ensure secure attachment using ma nufacturer-supplied hardware or locking mechanisms. Covers shall be installed level with the pool floor, watertight, and free of sharp edges or protrusions. Work shall be performed by qualified pool technicians, and upon completion, the circulation system shall be tested for proper flow and leaks. Remove the total of (10) defective components and install new return inlet cover plate (Typ. 34) as well as new SST Cover plate and screws (Typ. 30). Please see the Floor Inlet Detail below.

Payment for Replace Any Damaged or Missing Return Covers shall be based on Each (EA) Unit Price basis and shall be considered full compensation of all costs associated with their adjustment including labor, materials, equipment, tools and incidentals for doing all the work involved complete in place.

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Bid Item No. 10 – Replace Any Damaged or Missing 3” x 3” Waterline Tiles and 6” x 3” Cap Tiles

Replace any damaged, cracked, loose, or missing tiles in the swimming pool to restore surface integrity, watertightness, and appearance. Replacement tiles shall match existing tiles in size, color, texture, and finish, and shall be made of vitreous or porcelain ceramic suitable for continuous submersion in chlorinated water. All work surfaces shall be cleaned and prepared by rem oving loose materials, old adhesive, and contaminants to ensure proper bonding. Contractor to remove the total of ( 40) Tiles including 3” x 3” Waterline Tiles and 6” x 3” Cap Tiles of the Swimming Pool and replace. Please see detail below.

Payment for Replace Ant Damaged or Missing Tiles shall be based on Each (EA) Unit Price basis and shall be considered full compensation of all costs associated with their adjustment including labor, materials, equipment, tools and incidentals for doing all the work involved complete in place

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CITY OF LYNWOOD

PUBLIC WORKS DEPARTMENT

PART 4 - APPENDICES

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

PROJECT NO. 4011.68.113

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

4.2 Appendix B – Standard Plans for Public Works Construction (SPPWC Standards) and City of Lynwood Standards

4.3 Appendix C – Contract Change Order (CCO) Form

4.4 Appendix D – Substitution Request Form

4.5 Appendix E – Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815

4.6 Appendix F – Project Sign

4.7 Appendix G – Engineering and/or Architectural Plans (As-Built Drawings) 249
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APPENDIX A

Department of Industrial Relations (DIR)
Contractor Registration Number Form
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Department of Industrial Relations (DIR)
Contractor Registration Number
Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before bid ding on public 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 requirement, provide the following information:

Contractor Name

Contractor Department of Industrial Relations Registration Number:

Expiration Date of Registration Number

*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID) *
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APPENDIX B

CONTRACT CHANGE ORDER (CCO) FORM
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Date:

CONTRACT CHANGE ORDER (CCO) FORM

CITY OF LYNWOOD

DEPARTMENT OF PUBLIC WORKS

CCO No.

PROJECT No. 4011.68.113

Project Title: LYNWOOD NATATORIUM POOL RESURFACING PROJECT

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.
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APPENDIX C

SUBSTITUTION REQUEST FORM
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TO:

APPENDIX C

SUBSTITUTION REQUEST FORM

PROJECT: LYNWOOD NATATORIUM POOL RESURFACING PROJECT
PROJECT NO: 4011.68.113
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:

ATTACHMENTS: REMARKS:
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APPENDIX D

Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 256
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APPENDIX D
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 correc ted 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 da y, 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. 257
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(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 contra ctor 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 subcontracto r that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.

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

Labor Code Section 1777.5
Employment of apprentices on public works

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

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

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

(1) The apprenticeship standards and apprentice agreements under which he or she is training. 258
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(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. Th e apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).

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

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

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

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

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

(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work 259
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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 contracto r 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.

(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 260
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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 contract ors 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 Dep artment 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, i f the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).

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

(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of 261
Part 4 BD - 16

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 contracto r 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 jurisdictio n 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 f or public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Labor Code Section 1815
Work performed in excess of specified hour limitations; Compensation 262
Part 4 BD - 17

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwith standing 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.
263
Part 4 BD - 18

APPENDIX E

Engineering and/or Architectural Drawings (As-Built Drawings) Under Separate Cover

Project Title:

LYNWOOD NATATORIUM POOL RESURFACING PROJECT

Project Number: 4011.68.113
264

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo, P.E., Public Works Director
SUBJECT:

APPROVAL OF A ONE-YEAR PROFESSIONAL SERVICES

AGREEMENT WITH

NORTH STAR LAND CARE FOR TREE TRIMMING,
MAINTENANCE, AND INSPECTION SERVICES.

Agenda Item # 9.8.

Recommendation:

Staff recommends that the City Council adopt the following resolution entitled, “A

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

YEAR PROFFESIONAL SERVICES AGREEMENT WITH NORTH STAR LAND CARE FOR TREE TRIMMING, MAINTENACE AND INSPECTION SERVICES."
Background:

On July 16, 2019, the City Council awarded a three-year agreement to North Star Land Care for tree trimming, maintenance, and inspection services. On May 3, 2022, the First Amendment to the agreement was approved to increase the annual compensation from a not- to-exceed amount of $600,000 to a not-to-exceed amount of $850,000 for additional services related to capital improvement projects, as well as the addition of grids to trim. On December 20, 2022, the Second Amendment to the agreement was approved to extend the agreement one additional year, terminating on October 15, 2023.

Following the expiration of the extended agreement on October 15, 2023, North Star Land Care continued providing tree maintenance services on a month-to-month basis to ensure continuity of this essential public safety function. Tree trimming and maintenance are critical for risk management and fire prevention purposes and cannot be paused without creating potential safety hazards or liability exposure for the City.

City Council City Council Regular Meeting 265

Staff acknowledges that services continued beyond the formal agreement term due to operational necessity and recommends formalizing a new one-year professional services agreement to align with the City’s purchasing policies and ensure continued compliance moving forward.

Discussion and Analysis:

Staff has divided the City into 12 grids for tree trimming purposes. Each year North Star Land Care trims trees in the grids on a rotational basis. They also respond to emergency and special tree trimming requests or removals.

Tree maintenance is an essential, ongoing public safety service. The previous month-to-month contract structure ensured there was no lapse in services while the City continued to evaluate long-term maintenance needs, budget priorities, and potential updates to service specifications. Because unmaintained trees can create safety hazards, including falling limbs, blocked visibility, and increased fire risk, continuous maintenance is necessary to protect public property and reduce the City’s liability exposure. A new one-year agreement provides the City uninterrupted, essential services that support the City’s risk management objectives and ensures compliance with City policy.

Lynwood Municipal Code Section 6-3.7(b)(3) provides that the procurement of professional services in excess of $200,000 shall be awarded by a competitive RFP process. However, the City’s procurement ordinance includes a list of exceptions to the competitive RFP process. One such exception applies for emergencies where there is an urgent need for services to maintain the public’s safety. (LMC 6-3.12(a)(1).) An RFP process would lead to the disruption of a valuable public safety service.

Accordingly, staff recommends that the City Council approve the one-year Professional Services Agreement with North Star Land Care for tree trimming, maintenance, and inspection services in the amount of not to exceed $800,000 to ensure the continued promotion of public safety by reducing fire risk and the protection of the City’s infrastructure.

Fiscal Impact:

The FY 25/26 adopted budget includes Landscape Maintenance Assessment District Funds for this work.

City Council City Council Regular Meeting 266
Resolution - NorthStar_Agreement_11-18-25(1).docx
Professional Services Agreement - North Star 11.18.25.docx Coordinated With:

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

Description
City Council City Council Regular Meeting 267
1 RESOLUTION._____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING A ONE -YEAR PROFESSIONAL SERVICE AGREEMENT WITH

NORTH STAR LAND CARE FOR TREE TRIMMING, MAINTENANCE AND

INSPECTION SERVICES

WHEREAS, on July 16, 2019, the City Council approved an agreement with North Star Landcare for tree trimming, maintenance and inspections services; and

WHEREAS, on May 3, 2022, the First Amendment to the agreement was approved to increase the annual compensation from a not -to-exceed amount of $600,000 to a not-to-exceed amount of $850,000 for additional services related to capital improvement projects, as well as the addition of grids to trim

WHEREAS, on December 20, 2022, the Second Amendment to the agreement was approved extending the agreement an additional year, expiring on October 15, 2023; and

WHEREAS, given the public safety considerations with the maintenance of trees, a lapse in tree service could cause public safety risks, the City has continued to work with North Star Land Care for tree trimming and maintenance services on a month to month basis; and

WHEREAS, executing a new agreement for a one-year term will ensure there will be no interruptions to services; and

WHEREAS, the City’s purchasing policy has an exception for emergencies and urgent need of services which allows the City to enter into an agreement without going out for competitive bids; and

WHEREAS, the emergency exception to competitive bidding applies to the award of this professional services agreement to ensure that valuable tree trimming, maintenance, and inspection services are not interrupted and the promotion of public safety by reducing fi re risk and the protection of the City’s infrastructure continues; and

WHEREAS, the FY 25/26 adopted budget includes Landscape Maintenance Assessment District Funds for this work; 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 incorporates them herein by this reference.
268
2 Section 2. The City Council approves a professional services agreement with North Star Land Care for a one-year term for an amount not to exceed $800,000 on a form approved by the City Attorney.

Section 3. Authorizes the Mayor to execute the professional services agreement and 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 adoption.

PASSED, APPROVED and ADOPTED this 18th day of November, 2025

________________________________
Rita Soto, Mayor

ATTEST:

________________________
Maria Quiñónez, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_________________________ ________________________________ Noel Tapia, City Attorney Gabriel A. Gonzalez, Interim City Manager

269
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSENT:

____________________________________
Maria Quiñónez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

_______________________________
Maria Quiñónez, City Clerk

270
1 PROFESSIONAL SERVICES AGREEMENT

This agreement (“Agreement”) is made as of November 18, 2025, by and between the City of Lynwood, a municipal corporation ("City") and North Star Land Care (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S

WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide tree trimming, maintenance and inspection services, as set forth in the Scope of Services attached hereto as Exhibit A; and

WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

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

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

2. Term of Agreement. This Agreement shall commence November 18, 2025 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than November 18, 2026 unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

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

B. Total payment to Consultant pursuant to this Agreement shall not exceed Eight-Hundred Thousand Dollars ($800,000.00).

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated wit h performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur 271
2 such expenses; and (III) receipts documenting such expenses.

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

5. Addresses.

City of Lynwood

City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn Gabriel A. Gonzalez, Interim City Manager

Company

North Star Land Care
Attn: Jose A, Martinez
10831 Downey Ave.

Downey, CA. 90241

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

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

SIGNATURES ON FOLLOWING PAGE

272
3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.

CITY CONSULTANT

CITY OF LYNWOOD NORTH STAR LAND CARE

By: ___________________________ ______________________ Rita Soto, Mayor Name :

Date: Date:

ATTEST:

By: ____________________________
Maria Quinonez, City Clerk

Date:

APPROVED AS TO FORM:

By: ____________________________
Noel Tapia, City Attorney

Date:

273
1 EXHIBIT A

SCOPE OF WORK

274
1 EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

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

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

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

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

Consultant further agrees to defend, indemnify, and hold the City harmless for any and 275
2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.

2. Standard of Performance

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

3. Indemnification.

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

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

C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
276
3 4. Insurance.

A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:

(I) Consultant shall main tain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, perso nal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

(III) Consultant shall maintain Workers’ Compensation I nsurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;

(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.

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

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

C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
277
4 D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management ,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

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

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

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

5. Release of Information/Confidentiality.

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

B. Consultant shall promptly notify City should Consultant, its officers, 278
5 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obli gation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response

6. Ownership of Work Product.

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

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

7. Conflict of Interest.

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

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

B. Consultant covenants not to give or receive any compensation, monetary or 279
6 otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.

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

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

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

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

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

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

10. Non-Discrimination and Equal Employment Opportunity.

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

B. Consultant will, in all solicitations or advertisements for employees placed by 280
7 or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

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

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

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

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

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

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

16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this 281
8 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.

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

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

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

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

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

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

23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, 282
9 including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civi l unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties emplo yees; (h) shortage of adequate power or transportation facilities.

Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.

283

AGENDA STAFF REPORT

DATE:

November 18, 2025
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Gabriel A. Gonzalez, Interim City Manager
PREPARED BY:

Rita Montalvo, P.E. Director of Public Works
SUBJECT:

PROJECT ACCEPTANCE FOR THE NATATORIUM PAINT PROJECT, FY 2024-2025 (CIP PROJECT NO. 4011.68.113) – NOTICE OF

COMPLETION
Agenda Item # 9.9.

Recommendation:

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

The Lynwood Natatorium is a public swimming facility located at 3770 Martin Luther King Jr.

Boulevard Lynwood, CA 90262. The natatorium is part of the city's recreational amenities, offering the swimming pool for public use, swim lessons, aquatic fitness programs, and other community activities. It is an important resource for residents and visitors interested in aquatic sports and fitness. The Natatorium painting project is part of a larger renovation effort aimed at enhancing the facility for the benefit of the community.

On November 18, 2024, the Notice Inviting Bids (NIB) was advertised on the City’s website (PlanetBids) for the Project. The Bid opening took place on the PlanetBids Platform on Thursday, December 12, 2024, at 10:00 A.M. and staff received eleven (11) proposals.

City Council City Council Regular Meeting 284
Discussion and Analysis:

An analysis of all bidders was conducted, including a review of their bid schedule, license, references, and required documents. U.S National Corp dba Jimenez Painting Company was the apparent lowest responsible bidder with a low base bid of $36,990.00. The bidder’s previous performance revealed that the contractor had the necessary experience and the contractor’s license for this type of project.

Scope of Work
:

The scope of work included cleaning and power-washing the existing paint, installing primer, and repainting the natatorium building to the city's desired color scheme.

Approved Budget
:

The original contract amount with U.S National Corp dba Jimenez Painting Company was $36,990. During construction, staff made several field adjustments to address discrepancies in working conditions, resulting in one (1) change order totaling $6,300 for a revised contract amount of $43,290.

Additionally, $7,400 was allocated for staff time, construction support, project management, and labor compliance.

The overall cost of the project came to $50,690, which is below the approved budget of $3,450,640.

Description
Amount
Construction Cost
$36,990.00
1 Change Order
$6,300.00
Project Management, Labor Compliance,
and other cost (10%)
$3,700.00
Construction Management/Inspection (10%)
$3,700.00
City Council City Council Regular Meeting 285
ATTACHMENT A - NATATORIUM PAINTING PROJECT CCO.pdf
11-18-25_Natatorium_Paint_Project__-_Accept__Reso_.docx Total Estimated Cost
$50,690.00

The project is now ready for acceptance by the City Council. Once accepted, staff will record the Notice of Completion at the County Recorder’s Office. Retention will be released 35 days following the project’s acceptance.

Fiscal Impact:

The table below shows the approved overall project budget:

Funding Source
Amount
(3533) Specified Capita Grant
$1,361,032
(9055) 2019 Lease Revenue Bond
$2,089,608
Total
$3,450,640

The project had an approved construction budget of $3,450,640 for improvements at the Natatorium for FY 24/25, and no additional appropriation was required.

Coordinated With:

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

Description
City Council City Council Regular Meeting 286
ATTACHMENT A – CHANGE ORDERS

NATATORIUM PAINTING PROJECT

CONTRACT CHANGE ORDERS DESCRIPTION AMOUNT
CCO#01
Replace fascia & trim. Remove
overspray. Prep & paint large
window screens.
$6,300
ORIGINAL AMOUNT $36,990
TOTAL NEW CONTRACT $43,290

287
1 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE NATATORIUM PAINT PROJECT, FY 2024-2025 (CIP PROJECT NO. 4011.68.113) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE.”

WHEREAS, the Lynwood Natatorium is a public swimming facility located at 3770 Martin Luther King Jr. Boulevard Lynwood, CA 90262; and

WHEREAS, the scope of work include d cleaning and power-washing the existing paint, installing primer, and repainting the natatorium building to the city's desired color scheme, including alternatives.; and

WHEREAS, the bid opening took place on the PlanetBids Platform on Thursday, December 12, 2024, at 10:00 A.M; and

WHEREAS, On February 4, 2025, the City awarded the contract to U.S National Corp dba Jimenez Painting Company in the amount of $36,990; and

WHEREAS, there was one (1) contract change order to address discrepancies in working conditions in the amount of $6,300 totaling a revised contract amount of $43,290; and

WHEREAS, the final date of construction was September 15, 2025, and all work was completed in accordance with the project plans and specifications; and

WHEREAS, the total construction cost including project management, construction support, and labor compliance is $50,690; and

WHEREAS, the project has an approved construction budget of $3, 450,640 for improvements at the Natatorium for FY 24/25 in Specified Capita Grant ($1,361,032) and 2019 Lease Revenue Bond ($2,089,608), and no additional appropriation was required.

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

Section 1. The City Council of the City of Lynwood hereby finds that the above recitals are true and correct and incorporates them herein by this reference.

Section 2. The City Council of the City of Lynwood accepts the Natatorium Paint Project, FY 2024 -2025 (CIP Project No. 4011.68.113) as complete in accordance with contract documents.

288
2 Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office

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

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

Section 6. The City Clerk shall attest and certify to the passage and adoption of this R esolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

Signatures on next page

289
3 PASSED, APPROVED and ADOPTED, this 18th day of November 2025.

Rita Soto
Mayor

ATTEST:

Maria Quinonez
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Gabriel A. Gonzalez
City Attorney Interim City Manager

290
4 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

Maria Quinonez, City Clerk
291

Lynwood City CouncilNovember 18, 2025

Lynwood City Council
November 18, 2025